justicedao/ipfs_state_laws huggingface dataset:
309-104-0010 Policy (1) All patients and residents have the right to make and receive telephone calls except as provided in section (4) of this rule. (2) State institutions shall make available to patients and residents telephones which are accessible and ensure privacy. (3) Except as stated in section (4) of this rule, no employee or any person acting through, or on behalf of, the Division shall monitor telephone conversations, or prevent or obstruct a patient or resident from making or receiving telephone calls. (4) State institutions shall have the right to restrict use of telephones under the following circumstances: (a) State institutions may set reasonable hours for telephone use by patients and residents for both incoming and outgoing calls. Exceptions to this provision are a patient’s or resident’s lawyer, clergy or personal physician, or in emergency situations; (b) Unless the patient or resident objects, an employee may provide assistance in making or receiving telephone calls for those residents or patients who have physical or mental handicapping conditions which prevent them from performing these activities. Need for this assistance must be documented in the patient’s or resident’s chart by a physician or qualified mental retardation professional; (c) State institutions have the right to reasonably restrict telephone usage if a patient or resident misuses or abuses access to telephones. (5) Access to telephones shall not be denied in connection with any behavioral contingencies or earned privileges. (6) State institutions may install public telephones on living units for patients and residents as long as the institution ensures that telephones are private, available, and accessible. Calls to a patient’s or resident’s attorney, private physician, or clergyman will not be restricted solely on account of funds. (7) A patient or resident has the right to contest any restriction on access to telephones or other application of these rules as provided in OAR 309-118-0000 through 309-118-0050 (Grievance Procedures for Use in State Institutions). (8) Violation of the rights, policies, and procedures set forth in these rules by an employee of the Division constitutes cause for disciplinary action. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 179.040 & 413.042 History: MHD 28-1982, f. 12-28-82, ef. 1-28-83
309-104-0015 Procedures (1) State institutions shall make known telephone availability and any restrictions to patients and residents on each living area. (2)(a) Any restrictions in telephone usage for individual patients or residents must be by order of the treating physician or qualified mental retardation professional; (b) Decisions by the physician or qualified mental retardation professional to restrict telephone usage must be documented in the patient’s or resident’s record by that professional. Specific reasons for the restriction must be clearly stated with supporting documentation as needed. (3) State institutions must notify, in writing, the affected patient or resident of restrictions within 24 hours after imposing a restriction. The notification must state the reasons and duration of the restriction. There must be at least an oral explanation of the patient’s or resident’s right to appeal the restriction through the Division’s grievance procedures. (4) Decisions to restrict telephone usage must be reviewed and, if necessary, renewed at least monthly by the physician or qualified mental retardation professional. Restrictions will expire unless renewed. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 179.040 & 413.042 History: MHD 28-1982, f. 12-28-82, ef. 1-28-83
309-104-0020 Notice To Patients, Residents, and Employees (1) Upon admission, state institutions shall inform patients and residents, orally and in writing, of the rights, policies, and procedures set forth in these rules. In addition, a clear and simple statement of the title and number of these rules, their general purpose, and instructions on how to obtain a copy of the rules and how to seek advice about their content shall be prominently displayed in areas frequented by patients and residents in all state institutions. (2) All employees of state institutions shall be notified in writing at the commencement of their employment, or, for present employees, within a reasonable time of the effective date of these rules, of the rights, policies, and procedures set forth in these rules. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 179.040 & 413.042 History: MHD 28-1982, f. 12-28-82, ef. 1-28-83
309-106-0000 Purpose and Statutory Authority These rules provide the policies and procedures concerning visitation of patients at Oregon State Hospital . Statutory/Other Authority: ORS 179.040, 413.042 & 179.360 Statutes/Other Implemented: ORS 179.321 & 426.385 History: BHS 30-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 13-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHD 29-1982, f. 12-28-82, ef. 1-28-83
309-106-0035 Administrative Review (1) Within 60 days of a decision denying an application for visitation, a prospective visitor may challenge the decision by submitting a completed written request for Administrative Review to OSH Ombuds Office. The denial will be reviewed as follows: (a) The administrative review request must include information supporting reversal or modification of the decision and copies of any supporting documents or official records. (b) Apon timely receipt of a completed Administrative Review Request and copies of any supporting documents or updated official records, the OSH Ombuds Office will review the decision and either affirm, reverse or modify the decision. (c) The OSH Ombuds Office may request additional information from the prospective visitor, law enforcement agency, or other reliable resource to complete the review. (d) Reversal or Modification of a Decision Denying an Application for Visitation or Limitation on Visitation: A decision denying an application may be reversed or modified by the OSH Ombuds Office on in the following circumstances: (A) The initial decision is determined by the OSH Ombuds Office to have been made in error based on incorrect information, or an incorrect application of these rules; or (B) Circumstances impacting eligibility for visitation changed since the date of the decision denying the application for visitation or decision to limit visitation under review. (e) The OSH Ombuds Office’s decision shall be final and not subject to further review, except for the Superintendent’s review for Extraordinary Circumstances. (2) Administrative Review by Superintendent for Extraordinary Circumstances: (a) Notwithstanding any other provision of these rules, the Superintendent or their designee may, in their sole discretion, reverse or modify a decision denying an application for visitation between a patient and an immediate family member of the patient for extraordinary circumstances. (b) The Superintendent or designee’s decision will be final and subject to review only as provided for in ORS 183.484. Statutory/Other Authority: ORS 179.040, 413.042 & 179.360 Statutes/Other Implemented: ORS 179.321 & 426.385 History: BHS 28-2024, adopt filed 11/13/2024, effective 01/14/2025 BHS 18-2024, temporary adopt filed 07/19/2024, effective 07/19/2024 through 01/14/2025
309-108-0000 Purpose and Statutory Authority These rules prescribe the standards and procedures for the handling of patient’s personal, excess or storage property and the security inspection and search procedures for Oregon State Hospital patients. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.321 & 426.385 History: BHS 29-2024, amend filed 11/13/2024, effective 01/14/2025 BHS 19-2024, temporary amend filed 07/19/2024, effective 07/19/2024 through 01/14/2025 BHS 31-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 12-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHD 7-1986, f. & ef. 9-4-86 MHD 30-1982, f. 12-28-82, ef. 1-28-83
309-112-0000 Purpose and Statutory Authority (1) Purpose. These rules prescribe policies and procedures concerning the use of restraint or seclusion in the treatment and in the behavior management of patients in state institutions operated by the Division. In addition to these general rules, other more specific requirements established by federal regulations must be followed where applicable. (2) Statutory Authority. These rules are authorized by ORS 179.040 and 413.042 and carry out the provisions of 426.385. (3) The rules set out in Chapter 309, Division 112 are applicable on and after September 23, 2020. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 History: BHS 25-2025, amend filed 12/22/2025, effective 12/29/2025 BHS 19-2025, temporary amend filed 07/03/2025, effective 07/03/2025 through 12/29/2025 BHS 16-2022, amend filed 08/11/2022, effective 08/11/2022 BHS 6-2022, temporary amend filed 04/12/2022, effective 04/12/2022 through 10/08/2022 MHS 2-2016, f. & cert. ef. 4-21-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 6-2015(Temp), f. 10-20-15, cert. ef. 10-21-15 thru 4-15-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 2-2013(Temp), f. & cert. ef. 1-23-13 thru 7-19-13 MHD 1-1984, f. 1-20-84, ef. 2-1-84 Reverted to MHD 7-1982, f. & ef. 3-29-82 MHD 22-1982(Temp), f. & ef. 9-24-82 MHD 7-1982, f. & ef. 3-29-82 MHD 1-1982(Temp), f. & ef. 1-14-82
309-112-0017 Use of Restraint as Part of Planned Treatment or Training Programs Subject to the provisions of these rules, restraint may be used as part of planned treatment program provided the informed consent of the patient is obtained or, if informed consent cannot be obtained, authorization to proceed with necessary treatment is obtained as provided in OAR 309-114-0000 through 309-114-0025. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 History: BHS 19-2025, temporary suspend filed 07/03/2025, effective 07/03/2025 through 12/29/2025 MHS 2-2016, f. & cert. ef. 4-21-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 6-2015(Temp), f. 10-20-15, cert. ef. 10-21-15 thru 4-15-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 2-2013(Temp), f. & cert. ef. 1-23-13 thru 7-19-13 MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHD 21-1982, f. & ef. 9-24-82 MHD 11-1982(Temp), f. & ef. 6-10-82
309-112-0020 Use of Security Transportation The chief medical officer or designee may authorize the use of secure transportation for patients of a secure program when outside the security area. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 & 427.031 History: MHS 2-2016, f. & cert. ef. 4-21-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 6-2015(Temp), f. 10-20-15, cert. ef. 10-21-15 thru 4-15-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 2-2013(Temp), f. & cert. ef. 1-23-13 thru 7-19-13 MHD 1-1984, f. 1-20-84, ef. 2-1-84 Reverted to MHD 7-1982, f. & ef. 3-29-82 MHD 22-1982(Temp), f. & ef. 9-24-82 MHD 7-1982, f. & ef. 3-29-82 MHD 1-1982(Temp), f. & ef. 1-14-82
309-112-0025 Use of Restraint for Acute Medical Conditions (1) During medical treatment for acute physical conditions, personal and physical restraint may be used to prevent a patient from injuring himself or herself. (2) Use of a restraint in the presence of a physician may be authorized verbally; ongoing or continuing use of personal or physical restraint must be ordered in writing by a physician. (3) Treatment staff shall: (a) Attend to the patient’s basic personal needs and exercise needs in accordance with general medical practice; and (b) To the extent practicable, accommodate the patient’s mental disabilities treatment and training regimen. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 History: BHS 19-2025, temporary suspend filed 07/03/2025, effective 07/03/2025 through 12/29/2025 MHS 2-2016, f. & cert. ef. 4-21-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 6-2015(Temp), f. 10-20-15, cert. ef. 10-21-15 thru 4-15-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 2-2013(Temp), f. & cert. ef. 1-23-13 thru 7-19-13 MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHD 7-1982, f. & ef. 3-29-82 MHD 1-1982(Temp), f. & ef. 1-14-82
309-112-0030 Seclusion or Restraint Review Committee (1) Each state institution must have a Seclusion or Restraint Review Committee, which may use a different name. (2) The purpose and duty of the Seclusion or Restraint Review Committee is to review and evaluate at least quarterly the appropriateness of all such interventions and report its findings to the superintendent. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 History: BHS 25-2025, amend filed 12/22/2025, effective 12/29/2025 BHS 19-2025, temporary amend filed 07/03/2025, effective 07/03/2025 through 12/29/2025 MHS 2-2016, f. & cert. ef. 4-21-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 6-2015(Temp), f. 10-20-15, cert. ef. 10-21-15 thru 4-15-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 2-2013(Temp), f. & cert. ef. 1-23-13 thru 7-19-13 MHD 1-1984, f. 1-20-84, ef. 2-1-84 Reverted to MHD 12-1982, f. & ef. 6-10-82 MHD 22-1982(Temp), f. & ef. 9-24-82 MHD 12-1982, f. & ef. 6-10-82 MHD 1-1982(Temp), f. & ef. 1-14-82
309-112-0031 Use of Isolation to Control the Spread of a Serious, Highly Infectious Disease (1) Subject to the provisions of this rule, the chief medical officer or designee may order a patient’s involuntary placement in isolation if: (a) The patient is suspected of or is diagnosed with a serious, highly infectious disease; (b) The patient refuses to or is unable to remain in an unlocked room or area, or refuses to or is unable to follow staff’s instructions related to necessary safety protocols; and (c) Isolation of the patient is temporarily necessary to prevent the spread of the infectious disease to other patients and staff. (2) The chief medical officer’s or designee’s verbal or written order for isolation shall be documented in the patient’s chart. The order shall last only as long as it is medically necessary to prevent the spread of the infectious disease to other patients and staff, as determined by the chief medical officer or designee. The chief medical officer or designee shall review the continued need for the isolation order every 72 hours, and document that in the patient’s chart. (3) For the purposes of this rule, the chief medical officer may designate one or more of the following persons to order isolation: A physician licensed to practice medicine in the State of Oregon, a psychologist, or a psychiatric/mental health nurse practitioner. (4) Prior to ordering the isolation of a patient under this rule, the institution shall attempt to obtain informed consent from the patient or guardian for the patient to remain in a designated room or area and, if medically reasonable, to follow necessary safety protocols to prevent the spread of the infectious disease. If informed consent is obtained from the patient or guardian, it shall be recorded in the patient’s chart. (5) During the patient’s isolation, the state institution shall ensure that its staff: (a) Perform checks on the patient every 1 hour and such checks must be documented in the patient’s chart; (b) Attend to the patient’s basic personal needs and exercise needs in accordance with general medical practice; and (c) To the extent practicable and medically safe to other patients and staff, accommodate the patient’s mental disabilities treatment and training regimen. (6) A patient, guardian, or a duly authorized representative of the patient, or guardian has the right to contest any application of these rules as provided in OAR 309-118-0000 through 309-118-0050 (Grievance Procedures for Use in State Institutions). Statutory/Other Authority: ORS 179.040, ORS 179.360, 413.042 & Executive Order 20-03 (March 30, 2020) Statutes/Other Implemented: ORS 179.360, Executive Order 20-03 (March 30, 2020), ORS 179.630 & 426.385 History: BHS 19-2025, temporary suspend filed 07/03/2025, effective 07/03/2025 through 12/29/2025 BHS 11-2020, adopt filed 09/22/2020, effective 09/23/2020 BHS 5-2020, temporary adopt filed 04/20/2020, effective 04/20/2020 through 10/16/2020
309-112-0035 Notice to Patients and Employees (1) Upon admission, state institutions shall inform patients orally and in writing, of the rights, policies, and procedures set forth in these rules. In addition, a clear and simple statement of the title and number of these rules, their general purpose, and instructions on how to obtain a copy of the rules and how to seek advice about their content shall be prominently displayed in areas frequented by patients in all state institutions. (2) All employees of state institutions shall be notified in writing at the commencement of their employment, or, for present employees, within a reasonable time of the effective date of these rules, of the rights, policies, and procedures set forth in these rules. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 426.385 History: MHS 2-2016, f. & cert. ef. 4-21-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 6-2015(Temp), f. 10-20-15, cert. ef. 10-21-15 thru 4-15-16 Reverted to MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHS 2-2013(Temp), f. & cert. ef. 1-23-13 thru 7-19-13 MHD 1-1984, f. 1-20-84, ef. 2-1-84 MHD 7-1982, f. & ef. 3-29-82 MHD 1-1982(Temp), f. & ef. 1-14-82
309-114-0000 Purpose Purpose. These rules prescribe standards and procedures to be observed by personnel of state institutions operated by the Division in obtaining informed consent to significant procedures, as defined by these rules, from patients of such state institutions. These rules do not apply to routine medical procedures. Administration of significant procedures without informed consent is only permitted as described in OAR 309-114-0010(1)(b). The purpose of these rules is to assure that the rights of patients are protected with respect to significant procedures. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 179.321, 426.070 & 426.385 History: BHS 13-2025, amend filed 05/06/2025, effective 05/11/2025 BHS 26-2024, temporary amend filed 11/13/2024, effective 11/13/2024 through 05/11/2025 MHS 5-2016, f. & cert. ef. 5-25-16 MHS 5-2015, f. & cert. ef. 8-28-15 MHS 9-2014, f. & cert. ef. 4-24-14 MHS 12-2013(Temp), f. & cert. ef. 10-29-13 thru 4-27-14 MHS 12-2010, f. & cert. ef. 9-9-10 MHS 6-2008, f. & cert. ef. 7-25-08 MHS 2-2008(Temp), f. & cert. ef. 4-7-08 thru 10-4-08 MHS 14-2007(Temp), f. 11-30-07, cert. ef. 12-1-07 thru 5-29-08 MHD 3-1983, f. 2-24-83, ef. 3-26-83
309-114-0015 Administration of Significant Procedures Without Informed Consent in Emergencies (1) An emergency exists if in the opinion of the chief medical officer or designee: (a) Immediate action is required to preserve the life or physical health of the patient and it is impracticable to obtain informed consent as provided in OAR 309-114-0010; or (b) Immediate action is required because the behavior of the patient creates a substantial likelihood of immediate physical harm to the patient or others in the institution and it is impracticable to obtain informed consent as provided in OAR 309-114-0010. (2) If an emergency exists, the chief medical officer or designee may administer a significant procedure to a patient without obtaining prior informed consent in the manner otherwise required by these rules provided: (a) The specific nature of each emergency and the procedure which was used to deal with the emergency are adequately documented in the patient's record and a form provided for emergency procedure is completed and placed in the patient's record; (b) Reasonable effort must be made to contact the legal guardian or healthcare representative prior to the administration of the significant procedure. If contact is not possible, notice must be given to the legal guardian or healthcare representative as soon as possible; (c) Within a reasonable period of time after an emergency procedure is administered, the treatment team must review the treatment or training program and, if practicable, implement a treatment or training program designed to correct the behavior creating the emergency; and (d) The administration of a significant procedure in an emergency situation does not allow the institution to administer these procedures, once the emergency has subsided, without obtaining informed consent. Statutory/Other Authority: ORS 179.040 & 413.042 Statutes/Other Implemented: ORS 179.321, 426.070 & 426.385 History: BHS 20-2024, amend filed 07/23/2024, effective 07/23/2024 MHS 5-2015, f. & cert. ef. 8-28-15 MHS 2-2015(Temp), f. & cert. ef. 4-24-15 thru 10-20-15 MHS 12-2010, f. & cert. ef. 9-9-10 MHS 6-2008, f. & cert. ef. 7-25-08 MHS 2-2008(Temp), f. & cert. ef. 4-7-08 thru 10-4-08 MHS 14-2007(Temp), f. 11-30-07, cert. ef. 12-1-07 thru 5-29-08 MHD 3-1988, f. 4-12-88, cert. ef. 6-1-88 MHD 3-1983, f. 2-24-83, ef. 3-26-83
309-116-0200 Oregon State Hospital Patients Privacy Rights Patients of the Oregon State Hospital have the right to a humane physical environment that provides adequate privacy for each patient. Each patient shall be provided living quarters that afford reasonable privacy and security in resting, sleeping, dressing, bathing, personal hygiene, and toileting. For example, all showers and bathrooms in patient rooms shall have shower curtains. These provisions may not be interpreted as requiring individual sleeping quarters or to relieve hospital staff from obligations to perform safety checks. These rights may be limited only by an order written by an OSH License Provider in the State of Oregon based upon a patient’s clinical needs as documented in the patient’s records. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 413.042, 426.072 & 179.040 Statutes/Other Implemented: ORS 426.010, 426.072 & 426.385 History: BHS 19-2018, adopt filed 08/06/2018, effective 08/07/2018 MHS 3-2018, temporary adopt filed 02/27/2018, effective 02/27/2018 through 08/25/2018
309-118-0000 Purpose and Scope These rules prescribe a process to address the informal complaints and grievances that an Oregon State Hospital patient, or a representative on the patient's behalf, might have in regards to the hospital or its staff. These rules also establish a review process for patients or their representatives who are not satisfied with the resolution of their grievances. Statutory/Other Authority: ORS 179.040, 413.042, 179.321 & 179.360 Statutes/Other Implemented: ORS 426.385, 179.321 & 179.360 History: BHS 25-2022, amend filed 12/20/2022, effective 12/20/2022 BHS 10-2022, temporary amend filed 06/28/2022, effective 06/28/2022 through 12/24/2022 BHS 4-2021, amend filed 02/17/2021, effective 02/17/2021 MHD 15-1982, f. 7-9-82, ef. 7-23-82