309-031-0010 Forensic Psychiatric Services (1) Purpose. This rule prescribes procedures for state institutions serving persons committed to the Division by a court of criminal jurisdiction and persons ordered to a state institution by the Psychiatric Security Review Board or Oregon Health Authority. This rule also designates the state institution to receive other dangerous persons in certain instances. (2) Statutory Authority and Procedure. This rule is authorized by ORS 161.390, 179.360, 179.040, and 413.042 and carries out the provisions of 161.295 through 161.370, 161.725 to 161.735, 426.005 to 426.680, 427.175, 427.180 & 430.610 to 430.725. (3) Definitions. As used in this rule: (a) “Administrator” means the Assistant Director, of the Addictions and Mental Health Division. (b) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority. (c) “Patient” means a person who is receiving care and treatment in a state institution for the mentally ill. (d) “Psychiatric Security Review Board” is the Board created by ORS 161.385. (e) “Resident” means a person who is receiving care, treatment, and training in a state institution for the mentally retarded. (f) “State Institution” means Dammasch State Hospital in Wilsonville, Oregon State Hospital in Salem, Fairview Training Center in Salem, and Eastern Oregon Hospital and Training Center in Pendleton. (g) “Superintendent” means the executive head of the state institution as listed in subsection (3)(f) of this rule. (4) Designation of State Institution for Serving Persons Under Jurisdiction of Court, the Oregon Health Authority, or Psychiatric Security Review Board: (a) If a court orders a person committed to a state institution for an evaluation under ORS 161.365 to determine a defendant’s fitness to proceed to trial, under ORS 161.315 to determine a defendant’s criminal responsibility, or under ORS 161.725 to determine if a defendant is a habitual criminal, the person will be admitted to the Forensic Psychiatric Service of Oregon State Hospital according to conditions set forth in subsection (b) of this section, unless otherwise ordered by the Administrator; (b) The Clinical Director of the Forensic Psychiatric Service may, upon finding that requests for admission to the Service pursuant to subsection (a) of this section are sufficient in number to require the establishment of a waiting list to govern admissions, establish a waiting list based on such factors as: (A) Severity of the mental disorder; (B) Degree to which the person presents an immediate and serious danger to others; (C) Adequacy of the facility having custody to continue care and custody of the person; and (D) Sequence in which the order or request for admission was received by the Forensic Psychiatric Service. (c) If a court orders a person committed to the custody of the Superintendent of a state institution under ORS 161.370, or if a court, the Psychiatric Security Review Board, or the Oregon Health Authority orders a person committed to a state institution under ORS 161.327, 161.328, 161.336, 161.341, or 161.346, the Superintendent may: (A) Admit the person to a state institution; or (B) Treat the person at another facility, by agreement with the authority responsible for that facility, if the Superintendent determines that the medical needs of the person or the safety and welfare of the person or of others require that the person be served in another facility, unless otherwise ordered by the Administrator. (5) Interinstitutional Transfers: (a) If, in the opinion of the Superintendent of Oregon State Hospital or his designee, it is deemed to be required by the medical needs of the person or for the safety and welfare of the person or the safety of others that a patient of the Forensic Psychiatric Service be transferred within Oregon State Hospital, or to Dammasch State Hospital, Eastern Oregon Hospital and Training Center, or Fairview Training Center, the superintendent shall initiate a request for transfer on forms prescribed by the Division and, upon approval by the superintendent of the receiving institution, arrange for transfer. A patient of the Forensic Psychiatric Service may request such a transfer through a written request to the Superintendent of Oregon State Hospital. Transfers made to the Mental Retardation Section of Eastern Oregon Hospital and Training Center or Fairview Training Center shall comply with the eligibility requirements outlined in OAR 309-042-0000 to 309-042-0050 (Admission and Release of Residents), as determined by the Diagnosis and Evaluation Service of the Division; (b) If, in the opinion of the superintendent of a state institution, it is deemed to be required by the medical needs of the person or for the safety and welfare of the person or the safety of others that a patient or resident be transferred to the Forensic Psychiatric Service, the superintendent shall initiate a request for transfer on forms prescribed by the Division and, upon approval by the Superintendent of Oregon State Hospital, arrange for transfer; (c) If a request for transfer to or transfer from the Forensic Psychiatric Service of Oregon State Hospital is rejected by the receiving state institution, the referring institution may request the Administrator to convene the Interinstitutional Disposition Board to determine the placement consistent with the person’s needs and the safety of others. The Board shall be convened as expeditiously as possible but in no case later than two weeks after such request. The decision of the chairperson shall be final; (d) In all cases, the patient or resident shall be informed in writing of the impending transfer or rejection of the transfer request and shall be given an opportunity to request a hearing. Within seven days after a patient or resident signs a request for hearing, a hearing shall be held before the Interinstitutional Disposition Board to determine whether the patient or resident shall be transferred. The patient or resident may be transferred on a emergency basis pending the decision of the Board for a period not to exceed 15 days; (e) The Interinstitutional Disposition Board shall not consider the request for transfer or other written evidence or oral statements unless the patient or resident has the opportunity to cross-examine the person making the statement. At the hearing before the Board, the patient or resident shall have the right to present evidence, to cross-examine all witnesses, and to be represented by an attorney upon request. These rights shall only be denied when good cause is shown; (f) The patient or resident shall have the right to be present at the Interinstitutional Disposition Board hearing on request, except when the Board finds that the testimony of the treating physician or any other witness in the presence of the patient or resident would be damaging to the future treatment and care of the patient or resident. In that instance, the testimony and cross-examination of those witnesses shall be conducted out of the presence of the patient or resident; (g) Based upon the testimony given before the Interinstitutional Disposition Board, the Administrator of the Division or the Administrator’s designee shall determine the best placement for the patient or resident and issue a written order directing that the patient or resident be transferred or that the transfer be denied. The order shall contain a statement of the facts upon which the order is based. (6) Interinstitutional Disposition Board: (a) The Interinstitutional Disposition Board is composed of the following representatives: (A) The Administrator of the Division or the Administrator’s designee, who shall serve as chairperson; (B) The Superintendent of Oregon State Hospital or alternate; (C) The Superintendent of Dammasch State Hospital or alternate; (D) The Superintendent of Eastern Oregon Hospital and Training Center or alternate; and (E) The Superintendent of Fairview Training Center or alternate. (b) The Administrator may invite such other persons to sit with the Board as the Administrator believes may be helpful in reaching a decision; (c) The Administrator shall inform all members of the Interinstitutional Disposition Board of the standards for confidentiality of records in ORS 179.505, 192.501 to 192.505, and 42 CFR Part 2, as well as prescribed penalties for failure to comply with these standards. (7) Release of Patient or Resident. A patient or resident who is under a court having criminal jurisdiction, the Corrections Department, or the Psychiatric Security Review Board will not be released or otherwise discharged from the custody of the Division without the specific approval of the appropriate legal authority. This approval will be documented in the patient’s or resident’s clinical record. Statutory/Other Authority: ORS 161. 390, 179.360, 179.040 & 413.042 Statutes/Other Implemented: ORS 161 & 426.005 – 426.680 History: MHS 4-2015, f. & cert. ef. 5-28-15 MHS 16-2014(Temp), f. & cert. cert. ef. 12-12-14 thru 6-9-15 MHD 13-1982, f. & cert. ef. 7-2-82 MHD 7-1978, f. & cert. ef. 8-30-78 MHD 38, f. 4-5-76, cert. ef. 4-26-76