justicedao/ipfs_state_laws huggingface dataset:
309-022-0195 Licensure as a Children’s Emergency Safety Intervention Specialist (CESIS) To obtain a license as a CESIS, an agency that is certified by the Division to provide intensive mental health treatment services for individuals less than 21 years of age shall make an application on behalf of the licensure applicant. The Division shall issue a license as a CESIS to each applicant who furnishes satisfactory evidence to the Division that the applicant meets the following qualifications: (1) Is employed by or providing services under contract with a provider that is certified by the Division to provide intensive mental health treatment services for individuals under 21 years of age; (2) Meets qualifications established by the Division by rule for Qualified Mental Health Professionals; (3) Has successfully completed an emergency safety intervention training program approved by the Division within the past 12 months; (4) Demonstrates the ability to assess the psychological and physical well-being of individuals less than 21 years of age; (5) Demonstrates knowledge of federal and state rules governing the use of seclusion and personal restraint in intensive mental health treatment programs for individuals under 21 years of age. Statutory/Other Authority: ORS 413.042 & 426.415 Statutes/Other Implemented: ORS 426.415 History: Reverted to MHS 5-2014, f. & cert. ef. 2-3-14 MHS 27-2016(Temp), f. & cert. ef. 12-29-16 thru 6-26-17 MHS 5-2014, f. & cert. ef. 2-3-14 MHS 8-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-022-0200 CESIS Scope of Licensure (1) A licensed CESIS is authorized to: (a) Order the least restrictive intervention, including seclusion and personal restraint that is most likely to be effective in resolving an emergency safety situation if the treatment team physician is not available. (b) Provide the federally mandated face-to-face assessment of an individual under 21 years of age’s well-being within one hour of the initiation of the emergency safety intervention; and (c) Accept verbal orders for seclusion and personal restraint from a physician or licensed practitioner who is authorized to order seclusion and personal restraint. (2) Exclusions to Licensure: (a) A licensed CESIS is not authorized to order or receive orders for the use of mechanical or chemical restraint. (b) A CESIS license is only valid while the licensee is employed or contracted to provide services with the intensive mental health treatment services program that submitted the application on behalf of the licensee. Statutory/Other Authority: ORS 413.042 & 426.415 Statutes/Other Implemented: ORS 426.415 History: Reverted to MHS 5-2014, f. & cert. ef. 2-3-14 MHS 27-2016(Temp), f. & cert. ef. 12-29-16 thru 6-26-17 MHS 5-2014, f. & cert. ef. 2-3-14 MHS 8-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-022-0205 CESIS License Applications (1) Application for licensure as a CESIS shall be made to the Division and be on forms prescribed by the Division. (2) Application for licensure shall be accompanied by a formal written request from a provider that is certified by the Division to provide intensive mental health treatment services for individuals under 21 years of age with which the applicant is employed or contracted. The request must include: (a) Official transcripts and supporting documentation as necessary showing the applicant meets qualifications established by rule for a QMHP; (b) Verification that an emergency safety intervention course approved by the Division has been successfully completed within the past 12 months; (c) Verification of certification in CPR and First Aid by a recognized training agency; (d) A signed Background Check Request form as described in OAR chapter 943 division 007. The Criminal Record Check form will request information regarding criminal history and other information; (e) Verification of employment or contracted services with a provider that is certified by the Division to provide intensive mental health treatment services for individuals under 21 years of age; (f) A copy of the completed examination or evaluation the provider used to determine the applicant’s competence to assess the psychological and physical well-being of individuals under 21 years of age; and (g) A copy of the completed examination or evaluation the provider used to determine the applicants knowledge of the federal and state rules governing the use of seclusion and personal restraint in intensive mental health treatment programs for individuals less than 21 years of age. Statutory/Other Authority: ORS 413.042 & 426.415 Statutes/Other Implemented: ORS 426.415 History: Reverted to MHS 21-2016, f. & cert. ef. 12-1-16 MHS 27-2016(Temp), f. & cert. ef. 12-29-16 thru 6-26-17 MHS 21-2016, f. & cert. ef. 12-1-16 MHS 9-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16 MHS 5-2014, f. & cert. ef. 2-3-14 MHS 8-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-022-0210 Issuance of a License (1) The Division shall issue a license within 30 days of the submission of a completed application. The license shall state the name of the licensee, the provider and expiration date. (2) The license shall be placed in the licensee’s personnel file and be easily visible. (3) An initial license is valid from the time of issuance until the expiration date, which will be September 30th of the following calendar year. Statutory/Other Authority: ORS 413.042 & 426.415 Statutes/Other Implemented: ORS 426.415 History: Reverted to MHS 5-2014, f. & cert. ef. 2-3-14 MHS 27-2016(Temp), f. & cert. ef. 12-29-16 thru 6-26-17 MHS 5-2014, f. & cert. ef. 2-3-14 MHS 8-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-022-0215 Renewal and Expiration of License (1) A license issued under these rules is subject to renewal every 2 years. (a) All licenses will expire on September 30th. The issuance date of the licensee’s first license will determine if the license expires on an odd or even year. (b) At least 30 days prior to the expiration of a license, a reminder notice will be sent by the Division to the licensee and the provider. (c) A licensee seeking renewal of a license shall have a provider with whom they are employed or contracted submit on their behalf: (A) Proof of fulfillment of the following requirements; (i) Verification of current certification in CPR and First aid by a recognized training agency; (ii) A copy of the evaluation completed within the last year of the applicants competence to assess the psychological and physical well-being of individuals less than 21 years of age. (iii) A copy of the evaluation completed within the last year demonstrating the applicant’s knowledge of federal and state rules governing the use of seclusion and personal restraint in intensive mental health treatment services programs for individuals less than 21 years of age. (B) Proof of continued employment or contract with a facility certified by the Division to provide intensive mental health treatment services for individuals less than 21 years of age. (2) A licensee may not continue to practice as a licensed CESIS after expiration of the license. (3) A licensee may not continue to practice as a licensed CESIS upon discontinuation of employment or contract with the provider of intensive mental health treatment services specified on the license. (4) If the person’s previous license has expired, the person must apply and qualify for a new license in the same manner as a person who has never been licensed. Statutory/Other Authority: ORS 413.042 & 426.415 Statutes/Other Implemented: ORS 426.415 History: Reverted to MHS 5-2014, f. & cert. ef. 2-3-14 MHS 27-2016(Temp), f. & cert. ef. 12-29-16 thru 6-26-17 MHS 5-2014, f. & cert. ef. 2-3-14 MHS 8-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-022-0220 Complaints (1) Any person who believes these rules have been violated may file a compliant with the Division. (2) The Division shall establish a protocol for investigation of complaints and make that information available to anyone who files a complaint or has a complaint filed against them. Following the Divisions investigation of a complaint, the Division may take action to: (a) Dismiss the complaint; (b) Issue a letter of reprimand; (c) Direct the Provider to draft a plan of correction with the licensee; or (d) Institute disciplinary action. Statutory/Other Authority: ORS 413.042 & 426.415 Statutes/Other Implemented: ORS 426.415 History: Reverted to MHS 5-2014, f. & cert. ef. 2-3-14 MHS 27-2016(Temp), f. & cert. ef. 12-29-16 thru 6-26-17 MHS 5-2014, f. & cert. ef. 2-3-14 MHS 8-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-022-0225 Denial, Suspension, Revocation or Non-renewal of License (1) The Division may deny, suspend, revoke or refuse to issue or to renew any license issued under these rules upon proof that the applicant for licensure or the licensee: (a) Has been convicted of one or more crimes described in OAR 943-007 entitled “Criminal Records Checks”. (b) Is unable to perform the duties of a CESIS by reason of mental illness, physical illness, drug addiction or alcohol abuse; (c) Has been grossly negligent in the duties of a CESIS; (d) Has violated one or more of the rules of the Division pertaining to the licensure of a CESIS; (e) Has practiced outside the scope of activities for which the licensee has individual training and qualification; or (f) Has been disciplined by a state licensing board or program in this or any other state for violation of competency or conduct standards. (2) The Division may reprimand or impose probation on a licensee upon proof of any of the grounds for discipline provided in subsection (1) of this Section. (3) If the Division elects to place a licensee on probation, the Division may impose: (a) Restrictions on the scope of practice of the licensee; (b) Requirements for specific training; (c) Supervision of the practice of the licensee; or (d) Other conditions the Division finds necessary for the protection of the public. Statutory/Other Authority: ORS 413.042 & 426.415 Statutes/Other Implemented: ORS 426.415 History: Reverted to MHS 5-2014, f. & cert. ef. 2-3-14 MHS 27-2016(Temp), f. & cert. ef. 12-29-16 thru 6-26-17 MHS 5-2014, f. & cert. ef. 2-3-14 MHS 8-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-022-0230 Appeal Process (1) An appeal of a denial, suspension, probation or revocation of a license may be requested in writing to the Division from a provider of intensive mental health treatment services for children less than 21 years of age on behalf of their employee or contractor. (2) The Division’s Director or designee shall review all material relating to the denial, suspension, revocation or non-renewal, including any written documentation submitted by the licensee and provider. Based on review of the material, the Director will decide whether to sustain the decision. If the decision is not sustained, the denial, suspension, revocation or non-renewal shall be rescinded immediately. The decision of the Division is subject to a contested case hearing under ORS Chapter 183 if requested within 90 days of the decision. Statutory/Other Authority: ORS 413.042 & 426.415 Statutes/Other Implemented: ORS 426.415 History: Reverted to MHS 5-2014, f. & cert. ef. 2-3-14 MHS 27-2016(Temp), f. & cert. ef. 12-29-16 thru 6-26-17 MHS 5-2014, f. & cert. ef. 2-3-14 MHS 8-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-023-0100 Purpose and Scope These rules prescribe standards of care and other requirements relating to psychiatric emergency services delivered in an emergency department at a licensed hospital or licensed hospital satellite. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: MHS 29-2016, f. & cert. ef. 12-29-16 MHS 15-2016(Temp), f. & cert. ef. 10-6-16 thru 4-3-17
309-023-0120 PES Facility Requirements (1) For purposes of these rules, psychiatric emergency services shall be delivered in an emergency department through a hospital or hospital satellite licensed in accordance with OAR chapter 333 division 500. (2) The PES facility shall comply with the following: (a) Standards for Regional Acute Care Psychiatric Services for Adults pursuant to OAR 309-032-0850 to 0870. (b) Be approved as a hospital hold facility pursuant to OAR 309-033-0500 to 0550. (c) Meet the structural and physical requirements set forth in OAR chapter 333 division 535 and 309-033-0727. (3) The facility shall offer food and drink at regularly scheduled intervals and as needed, to patients receiving services. (4) The facility shall develop policies and procedures annually that demonstrate collaboration with all local licensed ambulance service agencies and police departments that specify the role of each responder in managing medical, psychiatric and other emergencies. The policies and procedures shall also include a requirement for first responder training to determine if the appropriate setting for the patient should be a PES. (5) The facility shall develop policies and procedures that demonstrate collaboration with the local community and local Coordinated Care Organizations. (6) The facility shall have phone access available for the patient, when appropriate. (7) The facility shall offer a care setting that is appropriate to the patient’s wishes and safety needs. Care settings should include a living room setting, which may accommodate the option for lying down comfortably and allowing for more privacy. Living room settings include comfortable seating, soft lighting, and are designed to encourage a sense of safety and belonging. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: MHS 29-2016, f. & cert. ef. 12-29-16 MHS 15-2016(Temp), f. & cert. ef. 10-6-16 thru 4-3-17
309-023-0140 Seclusion and Restraint (1) The facility shall be certified as a Class 1 facility pursuant to OAR 309-033-0520. A Class 1 facility is a facility that is approved under applicable administrative rules to be locked to prevent a patient from leaving the facility, to use seclusion and restraint, and to involuntarily administer psychiatric medication. (2) The facility shall comply with seclusion and restraint requirements set forth in OAR chapter 309 division 33. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: MHS 29-2016, f. & cert. ef. 12-29-16 MHS 15-2016(Temp), f. & cert. ef. 10-6-16 thru 4-3-17
309-023-0150 Involuntary Detainment & Informed Consent (1) For individuals who are in custody, under a civil commitment, hospital hold or on diversion, the PES facility must comply with the administrative rules in OAR chapter 309, division 33 which govern the administration, standards of care, standards for obtaining informed consent, administration of emergency procedures without informed consent, and transportation of individuals being held in custody, whether the individual is under a civil commitment order, a hospital hold, or on diversion from a civil commitment. (2) The facility shall have written policies concerning the care, custody, and treatment of individuals in custody or on diversion. These policies shall be reviewed as part of the Division’s approval process, and be in accordance with OAR chapter 309 division 33. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: MHS 29-2016, f. & cert. ef. 12-29-16 MHS 15-2016(Temp), f. & cert. ef. 10-6-16 thru 4-3-17
309-023-0160 Staffing Requirements (1) An adequate number of clinical staff and on-site peer support specialists shall be available and specifically trained in psychiatric emergency services. (2) A licensed psychiatrist shall be available to meet with patients as needed at any time and on site no less than 12 hours each day to assess individuals and initiate the development of a crisis stabilization plan and oversee patient care. (3) At a minimum, one registered nurse, and one licensed mental health professional shall be on-site 24/7, and shall be dedicated to providing psychiatric emergency services to individuals in crisis. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: MHS 29-2016, f. & cert. ef. 12-29-16 MHS 15-2016(Temp), f. & cert. ef. 10-6-16 thru 4-3-17
309-023-0170 Staff Training (1) The facility shall have policies and procedures for ongoing educational programs to instruct staff regarding best practices in psychiatric emergency services. (2) A staff training curriculum shall include, but is not limited to: (a) Criteria for the admission of an individual who can safely be served by the facility; (b) Recognition of indicators of violence to self or others, or assault and criteria for the transfer of the individual to or from the facility; (c) Indicators of medical problems, identification of medication side effects, and indicators of medical problems and medical crisis; (d) Management of aggressive behavior and de-escalation techniques; (e) Trauma Informed care in accord with the Authority’s Trauma Informed Policy at https://www.oregon.gov/oha/amh/pages/trauma.aspx; (f) Practices to provide psychoeducation and post-discharge safety to patients and families; (g) Best practice treatment for substance use disorders (h) Staff training in best practices for: (A) Lethal means counseling which may include the CALM (http://www.sprc.org/resources-programs/calm-counseling-access-lethal-means) or similar curriculum; (B) Collaboration with patients on development of safety plans which may include guidelines established by the Suicide Prevention Resource Center, http://www.sprc.org/sites/default/files/SafetyPlanningGuide%20Quick%20Guide%20for%20Clinicians.pdf; and (C) Risk assessment. (3) At a minimum, staff training shall be provided at time of hire and required annually, or more often if necessary. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: MHS 29-2016, f. & cert. ef. 12-29-16 MHS 15-2016(Temp), f. & cert. ef. 10-6-16 thru 4-3-17
309-023-0180 Quality Assessment and Improvement and Patient Outcomes (1) Facilities must comply with the quality assessment and improvement requirements set forth in OAR 309-032-0870 (10). (2) In addition to the quality assessment requirements in section (1) facilities shall maintain records of outcomes, for each patient, outlined in the PES provider manual. (3) Facilities shall report annually to the Authority regarding quality assessment information set forth in OAR 309-032-0870 and outcomes described in the PES provider manual. The report shall use data to demonstrate the quality, cost-effectiveness, and patient satisfaction with PES. The Authority shall review the PES facility reports annually and may make changes to PES policy or payment based on outcome performance. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 413.042 History: MHS 29-2016, f. & cert. ef. 12-29-16 MHS 15-2016(Temp), f. & cert. ef. 10-6-16 thru 4-3-17
309-027-0010 Purpose and Scope (1) Oregon Administrative Rules (OAR) 309-027-0010 through 309-027-0060 implement Senate Bill (SB) 561 from Oregon’s 2015 Regular Session, and SB 485 and SB 918 from Oregon’s 2019 Regular Session. (2) These administrative rules: (a) Identify Local Mental Health Authorities (LMHAs) as the entities responsible for initiating and coordinating the community response to each case of suicide which meets the criteria established in SB 561 (2015): (b) Identify what information shall be communicated to tribes, youth-serving entities, and individuals after a suspected youth suicide death by the LMHAs; and (c) Describe the information public school districts, public universities listed in ORS 352.002, or private post-secondary institutions of education are required to report to LMHAs after a suspected youth suicide death. (3) The four purposes of these administrative rules are: (a) To establish minimum standards for the communication protocol and post-intervention protocol to address suspected youth suicide between LMHA’s, Oregon Health Authority, and youth-serving entities; (b) To reduce the risk of contagion among individuals 24 years of age or younger after a suspected youth suicide by establishing overall guidelines for communication and postvention response protocols for effective communication and response by local agencies, groups, or individuals; (c) To establish the process for LMHAs to report suspected youth suicides to the Oregon Health Authority within seven days of the death; and (d) To establish the process for public school districts, public universities listed in ORS 352.002 or private post-secondary institutions of education are required to report suspected youth suicides to the Oregon Health Authority through LMHAs within seven days of the death. (4) The Oregon Health Authority shall provide technical assistance to LMHAs in developing and implementing the protocols and reporting of suspected youth suicides. Statutory/Other Authority: ORS 413.042, 430.630 & 430.640 Statutes/Other Implemented: ORS 418.735 History: BHS 6-2021, amend filed 02/24/2021, effective 02/24/2021 MHS 24-2016, f. & cert. ef. 12-5-16
309-027-0050 Technical Assistance As part of the Authority’s plan for communication and response coordination among LMHAs and community partners, the Authority shall provide technical assistance for developing and updating protocols, including Coordinator assistance through: (1) Providing comments regarding best practices to LMHAs on the content of communication and response protocols; (2) Providing technical assistance regarding best practices in preparing the protocols; (3) Providing technical assistance on best practices in implementing the protocols; and (4) Providing technical assistance on best practices in responding to suspected youth suicides. This may include telephone assistance on a case by case basis, general information in the form of publications, web content, presentations or webinars. Statutory/Other Authority: ORS 413.042, 430.630, 430.634 & 430.640 Statutes/Other Implemented: ORS 418.735 History: MHS 24-2016, f. & cert. ef. 12-5-16
309-032-0301 Purpose and Scope These rules prescribe the standards for community-based programs that serve individuals with a serious mental illness experiencing homelessness under the Projects for Assistance in Transition from Homelessness (PATH) program. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.610 – 430.695 History: MHS 2-2012, f. & cert. ef. 2-9-12 MHS 9-2011(Temp), f. & cert. ef. 11-22-11 thru 5-18-12 MHS 7-2011, f. & cert. ef. 9-26-11
309-032-0331 Staff Qualifications and Training Standards (1) Staff delivering case management and outreach services to individuals shall have demonstrated ability to: (a) Identify individuals who appear to be seriously mentally ill; (b) Identify service goals and objectives and incorporate them into an ISSP; and (b) Refer the individuals for services offered by other agencies. (2) All staff delivering PATH services shall have training, knowledge and skills suitable to provide the services described in these rules. Statutory/Other Authority: ORS 413.042 & 430.640 Statutes/Other Implemented: ORS 430.610 – 430.695 History: MHS 2-2012, f. & cert. ef. 2-9-12 MHS 9-2011(Temp), f. & cert. ef. 11-22-11 thru 5-18-12 MHS 7-2011, f. & cert. ef. 9-26-11