reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 90 - FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS › Section 309-090-0030 - Forensic Evaluation Review Panel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A multi-disciplinary review panel shall
			 be appointed by and serve at the discretion of the Authority to review forensic
			 evaluation reports submitted in support of applications for
			 certification.
(2) An individual
			 interested in participating in the Forensic Evaluation Review Panel shall
			 submit a letter of interest and resume to the Authority.
(3) Members shall be experienced in the
			 criminal justice system and have familiarity with the issues of competency and
			 criminal responsibility.
(4)
			 Members shall serve a two year term and are eligible for reappointment at the
			 discretion of the Authority. Vacancies occurring during a member's term shall
			 be filled immediately for the remainder of the unexpired term.
(5) Members may be reimbursed for the
			 performance of their official duties.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  161.392,
				  413.042 &
				  419C.382
Statutes/Other Implemented: ORS
				  161.295-325,
				  419C.378-386,
				  161.360-370,
				  419C.411,
				  161.392 &
				  419C.520-529
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 90 - FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS › Section 309-090-0035 - Forensic Evaluation Review Panel Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Members of the Forensic Evaluation Review
			 Panel shall meet at the discretion of the Authority to review all submitted
			 redacted forensic evaluation reports as the need arises.
(2) Redacted forensic evaluation reports
			 shall be reviewed by panel members with different professional backgrounds to
			 determine whether the reports have met the requirements of form and
			 content.
(3) Panel members shall
			 issue a report to the Authority with feedback for the certified forensic
			 evaluator.
(4) The Review Panel
			 shall participate in the process for reviewing complaints and remediation plans
			 under OAR 309-090-0060 through
			 309-090-0065 and make
			 recommendations to the Authority if requested.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  161.392,
				  413.042 &
				  419C.382
Statutes/Other Implemented: ORS
				  161.295-325,
				  161.360-370,
				  419C.378-386,
				  161.392,
				  419C.411 &
				  419C.520-529
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 90 - FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS › Section 309-090-0040 - Forensic Evaluator Training Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority will establish a course of
			 training for persons desiring the issuance of a certificate. At a minimum the
			 training will include a review of:
(a) The
			 Oregon statutes and case law applicable to the issues of competency and
			 criminal responsibility;
(b)
			 Testing and techniques related to assessing competency and criminal
			 responsibility;
(c) The required
			 contents of a report;
(d) The
			 ethical standards and considerations relevant to an evaluation of competency
			 and criminal responsibility;
(e)
			 Assessment of risk to others and recommendations for treatment and
			 services.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 90 - FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS › Section 309-090-0050 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
Except for the names of certified evaluators, all records
				provided to the Authority under these rules are confidential and privileged and
				may not be released or utilized for any purpose outside these rules. Any
				practitioner who in good faith complies with these rules, including providing
				sample evaluations for review in order to maintain certification, is not
				responsible for any failure by another individual or agency to maintain
				confidentiality, in regard to these rules.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  161.392,
				  413.042 &
				  419C.382
Statutes/Other Implemented: ORS
				  161.295-325,
				  419C.378-386,
				  161.360-370,
				  161.392,
				  419C.411 &
				  419C.520-529
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 90 - FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS › Section 309-090-0055 - Certification Denial, Suspension, Revocation, Non-Recertification and Complaints Regarding Content of Written Evaluation Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant may be denied certification,
			 or an evaluator may be denied recertification for reasons including but not
			 limited to:
(a) The applicant for initial or
			 recertification attempted to procure a certification through fraud,
			 misrepresentation or deceit;
(b)
			 The applicant for initial or recertification submits to the Authority any
			 notice, statement or other document required for certification which is false
			 or untrue, or contains any material misstatement or omission of fact;
(c) The applicant for initial or
			 recertification has been convicted of a felony; or
(d) The applicant for initial or
			 recertification fails to meet the requirements for receiving certification or
			 recertification.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 90 - FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS › Section 309-090-0060 - Complaints on Which the Authority Can Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any complaint regarding the content of
			 forensic evaluation reports must be submitted in a form and manner prescribed
			 by the Authority and it must provide sufficient detail as to why the evaluation
			 report is cause for a complaint.
(2) Complaints considered by the Authority
			 must be limited to standards for content of written forensic evaluation reports
			 as set forth in OAR 309-090-0025.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: 161.392, 413.042 &
				  419C.382
Statutes/Other Implemented: ORS
				  161.295-325,
				  419C.378 -
				  386,
				  161.360-370,
				  161.392,
				  419C.411 &
				  419C.520-529
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 90 - FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS › Section 309-090-0065 - Complaint Processing and Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a complaint is accepted, reviewed by
			 the Authority, and found to warrant consideration by the forensic evaluation
			 review panel, the evaluation report shall be forwarded to the panel for
			 consideration and determination as to whether or not the deficiencies represent
			 a substantial departure from the standards of practice established by these
			 rules.
(2) If the Authority
			 determines that there is substantial departure from the standards set forth in
			 OAR 309-090-0025, the Authority in
			 consultation with the forensic evaluation review panel shall provide written
			 notice to the evaluator which may include recommended remediation steps
			 provided by the review panel, denial of certification, or revocation of
			 certification.
(3) If a remediation
			 plan is recommended by the review panel, an evaluator shall have 30 days from
			 the date of notice to respond with a written plan for remediation. If the
			 Authority approves the plan, the evaluator shall maintain Temporary
			 Certification status for up to six months at which time the Authority shall l
			 determine whether the issues raised have been adequately addressed.
(a) If the issues raised have been adequately
			 addressed, the Authority shall withdraw its notice and grant or restore Full
			 Certification.
(b) If the issues
			 have not been adequately addressed, the Authority may proceed with denial or
			 revocation of certification and shall provide notice of the applicant's right
			 to appeal, pursuant to the provisions of ORS Chapter 183.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 90 - FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS › Section 309-090-0070 - Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
If the Authority denies, revokes, non-renews, suspends, or
				imposes a condition on certification, the Authority shall provide notice of the
				applicant's right to a hearing pursuant to the provisions of ORS Chapter
				183.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  161.392,
				  413.042 &
				  419C.382
Statutes/Other Implemented: ORS
				  161.295-325,
				  419C.378 -
				  386,
				  161.360-370,
				  161.392,
				  419C.411 &
				  419C.520-529
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules establish and define the criteria which support the proper management and
			 utilization of services provided by the Oregon state hospital system, by
			 limiting admissions to those most severely symptomatic individuals whose
			 treatment and recovery needs cannot be met in a community treatment
			 setting.
(2) These rules apply to
			 all individuals admitted into any state hospital setting, and address
			 differences which occur due to each individual's legal status.
Stat. Auth.: ORS
				  413.042
Stats. Implemented: ORS
				  179.321,
				  426.010,
				  426.020,
				  426.072
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Authority"
			 means the Oregon Health Authority.
(2) "Chief Medical Officer" (CMO) means the
			 physician designated by the superintendent of each state institution who is
			 responsible for the administration of medical treatment, or his or her
			 designee.
(3) "Choice Contractor"
			 means a corporation, governmental agency, public corporation, or other legal
			 entity that provides coordination of care services to individuals with SPMI, as
			 directed in contract with the Health Systems Division.
(4) "Civil Commitment" means the individual
			 has been committed to the Authority for emergency psychiatric care and
			 treatment pursuant to ORS
			 426.070,
			 426.228 to
			 426.235 or
			 426.237.
(5) "Clinical Reviewer" means the Division
			 employee designated to the role of determining eligibility for state hospital
			 admissions.
(6) "Community Mental
			 Health Program" (CMHP) means an entity that is responsible for planning and
			 delivery of safety net services for persons with mental or emotional
			 disturbances, drug abuse problems, and alcoholism and alcohol abuse, in a
			 specific geographic area of the state, under a contract with the Division or a
			 local mental health authority.
(7)
			 "Coordinated Care Organization" (CCO) means a corporation, governmental agency,
			 public corporation, or other legal entity, that is certified as meeting the
			 criteria adopted by the Oregon Health Authority, under ORS
			 414.625, to be accountable for
			 care management, and to provide integrated and coordinated healthcare, for each
			 of the organization's members.
(8)
			 "Division" means the Health Systems Division of the Oregon Health
			 Authority.
(9) "DSM" means the most
			 recent edition of the Diagnostic and Statistical Manual of Psychiatric
			 Disorders, published by the American Psychiatric Association.
(10) "DOC" means the Oregon Department of
			 Corrections.
(11) "Forensic" means
			 related to the law, and references individuals committed to treatment and
			 supervision by the courts pursuant to Oregon Revised Statutes (ORS) 161.290 -
			 161.400.
(12) "Health care
			 representative" means:
(a) An
			 attorney-in-fact:
(b) A person who
			 has authority to make health care decisions for a principal under the
			 provisions of ORS 127.635(2) or
			 (3);
(c) A guardian or other person, appointed by
			 a court to make health care decisions for a principal.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0010 - Civilly Committed, Guardian and Health Care Representative Authorized Admission Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
Each non-forensic individual admitted to a state hospital must
				meet the following criteria:
(1) The
			 individual must be age 18 or older;
(2) The individual must be named in a current
			 civil commitment order, or the individual's legal guardian or health care
			 representative must have signed consent for admission;
(3) There must be recent documentation by a
			 Psychiatrist, Psychiatric Nurse Practitioner,Psychologist, Licensed Clinical
			 Social Worker, or Physician's Assistant that the individual is experiencing
			 Serious and Persistent Mental Illness; and
(4) The current symptoms must be of such
			 severity that the resulting symptoms require extended placement in a 24-hour
			 medically supervised psychiatric hospital. Severity is established by a
			 determination of:
(a) The degree of
			 dangerousness to self;
(b) The
			 degree of dangerousness to others; and
(c) The degree of the individual's inability
			 to meet his or her basic health and safety needs.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0015 - Determining Need for State Hospital Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State hospital level of care is
			 determined appropriate when:
(a) the
			 individual's condition or symptoms have not improved in an acute care setting
			 despite having received a comprehensive psychiatric and medical assessment, and
			 treatment with medications for at least 7 days at an adequate dose;
			 and
(b) the individual continues to
			 require hospital level of care services, as evidenced by failure to meet the
			 state hospital's criteria for readiness to transition
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042
Stats. Implemented: ORS
				  179.321,
				  426.010,
				  426.020,
				  426.072
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0025 - Exclusion Criteria and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State hospitals are intended to provide
			 recovery-oriented intervention for individuals experiencing symptoms related to
			 SPMI.
(2) Admissions must not be
			 based upon a primary diagnosis of the following related conditions:
(a) An acute or existing medical or surgical
			 condition which requires primary placement in a medical setting and which
			 cannot be safely or adequately treated within a state hospital
			 facility;
(b) Delirium;
(c) Neurodevelopmental Disorders;
(d) Neurocognitive Disorders;
(e) Substance Use or Substance Abuse
			 Disorders; or
(f) Personality
			 Disorder, except Borderline and Schizotypal Personality Disorders, with
			 psychotic symptoms.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0030 - Discharge Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 responsible parties shall participate in discharge planning, throughout the
			 patient's hospitalization.
(2) The
			 state hospital will notify the responsible parties of each admission, campus
			 transfer, and determination related to assessing discharge readiness.
(3) The state hospital will make clinical
			 recommendations for services needed to support the continuity of care to
			 maintain the individual's stability in the community.
(4) The responsible party must arrange
			 housing, treatment and other services assessed as needed to support the
			 continuity of care necessary to maintain the individual's stability in the
			 community.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  179.321,
				  426.010,
				  426.020 &
				  426.072
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0035 - Discharge Criteria and Procedures for Civil Commit, or Guardian, or Health Care Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 state hospital, or designee, will periodically assess the individual's
			 continued need for state hospital level of care, and readiness to transition,
			 based upon the admission criteria established in these rules.
(2) The state hospital retains the authority
			 to solely determine when someone no longer needs state hospital level of care
			 based on standardized criteria adopted by the hospital.
(3) An individual determined ready to
			 transition may later be determined not ready to transition, and removed from
			 the ready to transition list.
(4)
			 Prior to an individual no longer needing state hospital level of care, the
			 hospital will collaborate with the responsible party, to recommend services and
			 supports for the patient.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  179.321,
				  426.010,
				  426.020 &
				  426.072
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0040 - Forensic Admission Criteria and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Forensic admissions will occur as prescribed ORS
				161.327,
				161.328,
				161.365,
				161.370.
Stat. Auth.: ORS
				  413.042
Stats. Implemented: ORS
				  179.321,
				  426.010,
				  426.020,
				  426.072
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0045 - Forensic Discharge Criteria and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals admitted by court order after
			 a finding of guilty except for insanity of a felony will be discharged when
			 approved by the PSRB.
(2)
			 Individual admitted by court order after a finding of guilty except for
			 insanity of a misdemeanor will be discharged when approved by the
			 Superintendent of the state hospital.
(3) Individuals whose jurisdiction under the
			 PSRB has ended as identified by the state hospital Legal Department shall be
			 allowed to discharge of the final day of PSRB jurisdiction unless the hospital
			 determines the need for civil commitment or some other legal hold.
(4) The responsible party will assess
			 individuals ending jurisdiction and when determined appropriate, arrange
			 housing, treatment and other services assessed as needed to support the
			 continuity of care necessary to maintain the individual's stability in the
			 community.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  179.321,
				  426.010,
				  426.020 &
				  426.072
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 91 - STATE HOSPITAL ADMISSIONS AND DISCHARGES › Section 309-091-0050 - Other Forensic Discharges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, discharge occurs when the state hospital moves the
			 individual from the state hospital's psychiatric care to either a community
			 setting or other institutional setting, including but not limited to discharge
			 to a jail.
(2) Individuals
			 committed to the state hospital pursuant to ORS
			 161.370 shall be discharged from
			 the state hospital upon any of the following:
(a) The court orders that the individual be
			 discharged from the state hospital or that the underlying criminal charges be
			 dismissed;
(b) When the ORS
			 161.370 or
			 161.365 evaluation report
			 identifies that the patient is fit to proceed ("able") or that there is no
			 substantial probability that the patient will gain or regain fitness to proceed
			 ("never able") when the patient has reached the maximum commitment time under
			 ORS 161.370,
			 161.371 or
			 161.365.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 102 - HANDLING PATIENT MAIL IN STATE INSTITUTIONS › Section 309-102-0100 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe the standards and procedures for handling
				incoming and outgoing mail for Oregon State Hospital patients.
Statutory/Other Authority: ORS
				  179.040,
				  413.042 & ORS
				  179.360
Statutes/Other Implemented: ORS
				  179.360 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 102 - HANDLING PATIENT MAIL IN STATE INSTITUTIONS › Section 309-102-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Contraband"
			 means any controlled substance, drugs not prescribed to the patient, drugs not
			 prescribed or authorized by OSH, drug paraphernalia, weapons, unauthorized
			 currency or prohibited items.
(2)
			 "Controlled Substance" means a drug or its immediate precursor classified in
			 Schedules I through V under the federal Controlled Substances Act,
			 21 USC
			 811 to
			 812, as modified under ORS
			 475.005 and ORS
			 475.035.
(3) "Court" means a tribunal where legal
			 matters are resolved, including but not limited to state circuit courts,
			 federal courts, bankruptcy courts, tribal courts, administrative courts, and
			 municipal courts."
(4) "Court
			 official" means a person employed by a court to conduct court business, and
			 includes a federal, county, tribal, and municipal judge, magistrate,
			 administrative judge, and hearings officer and any other person who is tasked
			 by a court to conduct the court's business."
(5) "Cultural Food/Items" means an item that
			 relates to a patient's cultural or ethnic identity.
(6) "Division" means the Health Systems
			 Division of the Oregon Health Authority.
(7) "Drug" means:
(a) Substances recognized as drugs in the
			 official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
			 United States or official National Formulary, or any supplement to any of
			 them;
(b) Substances intended for
			 use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
			 humans or animals;
(c) Substances
			 (other than food) intended to affect the structure or any function of the body
			 of humans or animals, including but not limited to vitamins, supplements,
			 dietary powders, synthetic cathinones, synthetic cannabinoids; or
(d) Substances intended for use as a
			 component of any article specified in paragraph (a), (b) or (c) of this
			 subsection; however, the term does not include devices or their components,
			 parts or accessories.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 102 - HANDLING PATIENT MAIL IN STATE INSTITUTIONS › Section 309-102-0120 - Patient Rights Related to Mail and Packages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as limited in these rules, all
			 patients at OSH must have the right to communicate freely by sending and
			 receiving sealed mail.
(2) All
			 journalist mail, legal mail, official mail, or other mail may be sent or
			 delivered by hand or via any parcel delivery service.
(3) To aid OSH in identifying the type of
			 patient mail, incoming and outgoing legal, journalist, or official mail must be
			 clearly labeled on the outside of the envelope as legal, journalist, or
			 official mail, and set apart from the return and mailing addresses for ease of
			 recognition, and must be verifiable as legal, journalist, or official
			 mail.
(4) Patients may not receive
			 unauthorized packages.
(5) For
			 safety and security reasons, patients, family members or friends who are
			 visitors as defined in chapter 309, division 106 may only purchase items
			 through the OSH Market, except the patient may purchase printer paper at cost
			 from OSH. OSH will not profit from the sales from the OSH Market. If the OSH
			 Market does not have the desired item, the patient may request authorization
			 from OSH to purchase an item through OSH's ordering system. OSH must only grant
			 authorization for requests to purchase items if:
(a) It is not contraband, including but not
			 limited to prohibited items;
(b) It
			 is patient clothing, personal bedding, reading material, cultural food/items,
			 or religious items; and
(c) It can
			 be stored in the designated storage areas in the patient's room or patient
			 property room.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 102 - HANDLING PATIENT MAIL IN STATE INSTITUTIONS › Section 309-102-0130 - Handling of Patients' Journalist Mail, Legal Mail, Official Mail, Mail & Packages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 patient receives an authorized package, OSH may open and search it for
			 contraband, including but not limited to prohibited items, even if there is no
			 reasonable cause to believe that it may contain such an item. Authorized
			 packages may be opened outside of the patient's presence.
(2) Unauthorized packages will not be
			 accepted by OSH. OSH may return the package to sender, conduct a search of the
			 package for safety or security reasons, request that it be accepted by law
			 enforcement, or dispose of it in the presence of two OSH staff members. OSH
			 must document the action taken.
(3)
			 OSH may open and search patient mail other than legal, journalist, and official
			 mail, outside the patient's presence, even where there is no reasonable cause
			 to believe that it may contain contraband.
(4) OSH may open and search legal, journalist
			 and official mail, with reasonable cause to believe that it may contain
			 contraband, including but not limited to prohibited items, where such search
			 must occur in the patient's presence.
(5) OSH may scan any incoming and outgoing
			 sealed mail, journalist, legal, and official mail, or packages with
			 non-invasive technology (e.g., metal detector, x-ray).
(6) After searching a patient's mail,
			 journalist, legal, or official mail or package under this rule and no
			 contraband or prohibited item is found inside, OSH may give any unrestricted
			 items to the patient.
(7) After
			 searching a patient's mail, journalist, legal, or official mail, or package
			 under this rule and a prohibited item is found inside, then OSH may:
(a) Store the item as excess personal
			 property;
(b) Provide the item to a
			 designated person pursuant to OAR
			 309-108-0010(3);
(c) Dispose of any prohibited items that may
			 pose a safety or security risk. Disposal must be documented and must be
			 witnessed by two OSH staff members; and/or
(d) Give the patient any unrestricted
			 item.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 102 - HANDLING PATIENT MAIL IN STATE INSTITUTIONS › Section 309-102-0140 - Disposition of Mail Retained or Delivered To Patient

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If mail, journalist, legal or official
			 mail, or a package is opened, OSH staff must not read or further inspect any
			 unrestricted items, except if patient's treatment plan contains a restriction
			 for certain mail.
(2) Any item
			 retained from a patient's mail, journalist, legal, or official mail, or package
			 must be clearly marked to identify, at minimum, the date of the inspection and
			 retention, the patient's name, the name and address of the sender, a
			 description of the held or disposed items, and both the printed name and the
			 signature of the OSH staff member conducting the process. The item must then be
			 handled as provided in these rules and OAR chapter 309, division 108.
(3) When any item is confiscated by a law
			 enforcement agency, each part of the process must be documented in the
			 patient's chart with, at minimum, the date of inspection and confiscation, the
			 patient's name, the name and address of the sender, a description of the
			 confiscated item or items, and both the printed name and the signature of the
			 OSH staff member who witnessed the law enforcement's confiscation.
(4) All documentation related to any held
			 item must be in writing and kept in the patient's chart. The patient must
			 receive a legible copy of each document, unless OSH has good cause to believe
			 that providing a copy of the documentation would:
(a) Increase the risk to the safety or
			 security of OSH; or
(b) Impact an
			 ongoing criminal investigation or proceeding.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 102 - HANDLING PATIENT MAIL IN STATE INSTITUTIONS › Section 309-102-0150 - Notice to Patients and OSH Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon admission to OSH, patients must be
			 informed of their rights under these rules, both verbally and in writing, and
			 will be provided instructions on how to obtain a copy of these rules.
			 Information about these rules must also be prominently displayed in areas
			 frequented by patients.
(2) OSH
			 staff must be notified in writing at the commencement of their employment, or
			 for existing OSH staff, within a reasonable time of the effective date of these
			 rules, of the rights, policies, and procedures set forth in these rules. OSH
			 staff must review the rules, policies, procedures, and updates
			 annually.
(3) Violation of these
			 rules and any related OSH policies or procedures by OSH staff may constitute
			 cause for disciplinary action.
(4)
			 The patient may contest the application of these rules under OSH's grievance
			 and review process in OAR chapter 309, division 118.
Statutory/Other Authority: ORS
				  179.040,
				  413.042 & ORS
				  179.360
Statutes/Other Implemented: ORS
				  179.360 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 104 - TELEPHONE USE BY PATIENTS ANDRESIDENTS › Section 309-104-0000 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These rules prescribe policy and
			 procedures for the use of telephones by patients and residents in state
			 institutions.
(2) Statutory
			 Authority. These rules are authorized by ORS
			 179.040 and
			 413.042 and carry out the
			 provisions of 426.385 and 427.031.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  179.040 &
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 104 - TELEPHONE USE BY PATIENTS ANDRESIDENTS › Section 309-104-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Administrator" means the Assistant
			 Director, Human Resources, and Administrator for Mental Health.
(2) "Division" means the Addictions and
			 Mental Health Division of the Oregon Health Authority.
(3) "Patient" means a person who is receiving
			 care and treatment in a state institution for the mentally ill.
(4) "Qualified Mental Retardation
			 Professional" means a person who meets the professional requirements prescribed
			 by
42 CFR 442.401
or as amended.
(5) "Resident" means a person who is
			 receiving care, treatment, and training in a state institution for the mentally
			 retarded.
(6) "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.
(7)
			 "Superintendent" means the executive head of a state institution listed in
			 section (6) of this rule.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  179.040 &
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 104 - TELEPHONE USE BY PATIENTS ANDRESIDENTS › Section 309-104-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 104 - TELEPHONE USE BY PATIENTS ANDRESIDENTS › Section 309-104-0015 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 104 - TELEPHONE USE BY PATIENTS ANDRESIDENTS › Section 309-104-0020 - Notice To Patients, Residents, and Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  179.040 &
				  413.042
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 106 - VISITATION OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS › Section 309-106-0000 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 106 - VISITATION OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS › Section 309-106-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Contraband" means any controlled
			 substance, drugs not prescribed to the patient, drugs not prescribed or
			 authorized by OSH, drug paraphernalia, weapons, unauthorized currency or
			 prohibited items.
(2) "Controlled
			 Substance" means a drug or its immediate precursor classified in Schedules I
			 through V under the federal Controlled Substances Act,
			 21 USC
			 811 to
			 812, as modified under ORS
			 475.005 and ORS
			 475.035.
(3) "Cultural Food/Items" means an item that
			 relates to a patient's cultural or ethnic identity.
(4) "Division" means the Health Systems
			 Division of the Oregon Health Authority.
(5) "Drug" means:
(a) Substances recognized as drugs in the
			 official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
			 United States or official National Formulary, or any supplement to any of
			 them;
(b) Substances intended for
			 use in the diagnosis, cure, mitigation, treatment or prevention of disease in
			 humans or animals;
(c) Substances
			 (other than food) intended to affect the structure or any function of the body
			 of humans or animals, including but not limited to vitamins, supplements,
			 dietary powders, synthetic cathinones, synthetic cannabinoids; or
(d) Substances intended for use as a
			 component of any article specified in paragraph (a), (b) or (c) of this
			 subsection; however, the term does not include devices or their components,
			 parts or accessories.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 106 - VISITATION OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS › Section 309-106-0010 - Patients' Rights to Visitation and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division recognizes the needs of
			 patients to have access to and maintain contact with family members and the
			 community of which they are a part as well as the needs of family and community
			 members to have access to patients. Except as provided in section (6) of this
			 rule, patients have the right to receive visits from anyone they
			 wish.
(2) OSH shall provide
			 designated places for visitations to occur in as much comfort and privacy as
			 possible.
(3) OSH may set
			 reasonable limitations on visitation hours and days and may also require
			 supervision during a visit. OSH may grant exceptions upon visitor or patient
			 requests to change days or hours of visitation. OSH may impose additional
			 reasonable limitations on visitation under the following circumstances:
(a) The Governor has declared a public health
			 emergency as set in ORS
			 433.441;
(b) The Governor has declared a state of
			 emergency as set in ORS
			 401.165 that may impact
			 hospital's operations, patients, or OSH staff;
(c) OSH has determined there are safety or
			 security risks that may impact the hospital's operations, patients, or OSH
			 staff.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 106 - VISITATION OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS › Section 309-106-0015 - OSH Review of Visitor Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All visitors are required to apply for
			 visitation prior to visiting a patient as set out in OSH Policy, available at
			 OSH's website for Policies and Procedures, except the following persons:
(a) A patient's attorney recognized by the
			 court as representing the patient, or an agent of the attorney, such as an
			 investigator or paralegal;
(b) A
			 court-appointed or attorney-appointed licensed psychologist or psychiatrist for
			 the purpose of conducting an independent evaluation of the patient;
(c) The patient's legal guardian who has
			 provided proof of guardianship; and/or
(d) A health care representative who has
			 provided proof of representative status.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 106 - VISITATION OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS › Section 309-106-0020 - Notice to Patients and OSH Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon admission to OSH, patients shall be
			 informed of their rights under these rules, both verbally and in writing, and
			 will be provided instructions on how to obtain a copy of these rules.
			 Information about these rules shall also be prominently displayed in areas
			 frequented by patients.
(2) OSH
			 staff shall be notified in writing at the commencement of their employment, or
			 for existing OSH staff, within a reasonable time of the effective date of these
			 rules, of the rights, policies, and procedures set forth in these rules. OSH
			 staff shall review the rules, policies, procedures and updates
			 annually.
(3) Violation of these
			 rules and any related OSH policies or procedures by OSH staff may constitute
			 cause for disciplinary action.
Statutory/Other Authority: ORS
				  179.040,
				  413.042 & ORS
				  179.360
Statutes/Other Implemented: ORS
				  179.321 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 108 - HANDLING OF PERSONAL PROPERTY OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS › Section 309-108-0000 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe the standards and procedures for the
				handling of personal property of Oregon State Hospital patients.
Statutory/Other Authority: ORS
				  179.040,
				  413.042 & ORS
				  179.360
Statutes/Other Implemented: ORS
				  179.321 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 108 - HANDLING OF PERSONAL PROPERTY OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS › Section 309-108-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Contraband" means any controlled
			 substance, drugs not prescribed to the patient, drugs not prescribed or
			 authorized by OSH, drug paraphernalia, weapons, unauthorized currency or
			 prohibited items.
(2) "Controlled
			 Substance" means a drug or its immediate precursor classified in Schedules I
			 through V under the federal Controlled Substances Act,
			 21 USC
			 811 to
			 812, as modified under ORS
			 475.005 and ORS
			 475.035.
(3) "Cultural Food/Items" means an item that
			 relates to a patient's cultural or ethnic identity.
(4) "Division" means the Health Systems
			 Division of the Oregon Health Authority.
(5) "Drug" means:
(a) Substances recognized as drugs in the
			 official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
			 United States or official National Formulary, or any supplement to any of
			 them;
(b) Substances intended for
			 use in the diagnosis, cure, mitigation, treatment or prevention of disease in
			 humans or animals;
(c) Substances
			 (other than food) intended to affect the structure or any function of the body
			 of humans or animals, including but not limited to vitamins, supplements,
			 dietary powders, synthetic cathinones, synthetic cannabinoids; or
(d) Substances intended for use as a
			 component of any article specified in paragraph (a), (b) or (c) of this
			 subsection; however, the term does not include devices or their components,
			 parts or accessories.