reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0210 - Administrative Transfers (Mentally Ill Adults in Custody)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Administrator of the Department of
			 Corrections Counseling and Treatment Services Unit/designee may request the
			 Superintendent/designee of a state mental hospital listed in ORS
			 426.010 to accept a transfer of
			 a mentally ill adult in custody to a state mental hospital pursuant to these
			 rules.
(2) An adult in custody may
			 be transferred to a state mental hospital for stabilization and evaluation for
			 mental health treatment for a period not to exceed 30 days unless the transfer
			 is extended pursuant to a hearing conducted in accordance with these
			 rules.
(3) If space is available
			 and the Superintendent/designee of the state mental hospital approves, the
			 adult in custody shall be transferred.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0215 - Hearings Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Health Authority shall provide for an administrative commitment hearing
			 conducted by a hearings officer employed or under contract with the Department
			 of Corrections for administrative commitment or extension of the transfer of
			 the adult in custody if:
(a) The Oregon Health
			 Authority determines that administrative commitment for treatment for a mental
			 illness is necessary or advisable or that the Authority needs more than 30 days
			 to stabilize or evaluate the adult in custody; and
(b) The adult in custody does not consent to
			 the administrative commitment or an extension of the transfer.
(c) Adults in custody that are in the legal
			 custody of the Department of Corrections and in the physical custody of the
			 Oregon Youth Authority (OYA) will be administratively committed through an OYA
			 hearing, pursuant to OAR
			 416-425-0020. Adults in custody
			 that are in OYA physical custody will be transferred directly from an OYA
			 facility to a state mental hospital listed in ORS
			 426.010 or a hospital or
			 facility designated by the Authority and returned directly to the OYA
			 facility.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0220 - Representation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all cases,
			 the adult in custody is entitled to:
(a) Speak
			 in his or her own behalf; and
(b)
			 Be present at all stages of the hearings process, except when the hearings
			 officer finds that to have the adult in custody present would present an
			 immediate threat to facility security or safety of its staff or others. The
			 reason(s) for the finding shall be part of the record.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0225 - Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The adult in
			 custody shall be given written notice that an administrative commitment to a
			 state mental hospital listed in ORS
			 426.010, a hospital or facility
			 designated by the Oregon Health Authority, or an extension of the transfer is
			 being considered by the Department of Corrections and the Authority.
(2) The notice will be provided by the
			 hearings officer. Such notice must be provided far enough in advance of the
			 hearing to permit the adult in custody to prepare for the hearing, but in no
			 case shall notice be provided less than 24 hours prior to the hearing. The
			 hearing shall take place no later than five (5) days from the date of service
			 of the notice.
(3) The notice shall
			 include a copy of this rule.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0230 - Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The adult in
			 custody may request that an investigation be conducted. If an investigation is
			 ordered, a designee of the hearings officer shall conduct the investigation. No
			 person shall serve as an investigator who has participated in any previous way
			 in the process.
(2) An
			 investigation shall be conducted upon the adult in custody's request, if an
			 investigation will assist in the resolution of the proceedings and the
			 information sought is within the ability of the facility to procure or the
			 adult in custody to provide with his or her own resources.
(3) The hearings officer may order an
			 investigation on his or her own motion.
(4) The hearings officer shall allow the
			 adult in custody access to the results of the investigation unless disclosure
			 of the investigative results would constitute a threat to the safety and
			 security of the facility, its staff or others, or to the orderly operation of
			 the facility.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0235 - Documents/Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An adult in
			 custody may present documents or reports during the hearing, subject to the
			 exclusion and restrictions provided in these rules.
(2) The reporting employee or other agents of
			 the Department of Corrections or Oregon Health Authority who are knowledgeable
			 may submit to the hearings officer documents or reports in advance of the
			 hearing that are being relied upon for the administrative commitment or
			 extension of the transfer. Such evidence must be disclosed to the adult in
			 custody during the hearing.
(3) The
			 hearings officer may exclude documents or other evidence upon finding that such
			 evidence would not assist in the resolution of the proceeding, or that such
			 evidence would present an undue risk to the safety, security, and orderly
			 operation of the facility. The reason(s) for exclusion shall be made part of
			 the record.
(4) Notwithstanding
			 subsection (2) of this rule, the hearings officer may classify documents or
			 other evidence as confidential, and not disclose such evidence to the adult in
			 custody, upon finding that disclosure of psychiatric or psychological
			 information would constitute a danger to another individual, compromise the
			 privacy of a confidential source, or would constitute an immediate and grave
			 detriment to the treatment of the individual, if medically contraindicated by
			 the treating physician or a licensed health care professional in the written
			 account of the adult in custody. The reason(s) for classifying documents or
			 other evidence as confidential shall be made part of the record.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0245 - Postponement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hearing may
			 be postponed by the hearings officer for good cause and for reasonable periods
			 of time.
(2) Good cause includes,
			 but is not limited to:
(a) Illness or
			 unavailability of the adult in custody;
(b) Gathering of additional evidence;
			 or
(c) Gathering of additional
			 documentation.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0250 - Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 Justification: The hearings officer may find that the evidence does not support
			 placement in a state mental hospital listed in ORS
			 426.010 or a hospital or
			 facility designated by the Oregon Health Authority, in which case the hearings
			 officer will recommend that the adult in custody return to his or her former
			 status with all rights and privileges of that status. The hearing record shall
			 be processed with final action subject to review by the Superintendent/designee
			 of the Oregon State Hospital. The findings must be on the merits. Technical or
			 clerical errors in the writing or processing of the transfer request, or both,
			 shall not be grounds for a no justification finding, unless there is
			 substantial prejudice to the adult in custody.
(2) Justification: The hearings officer may
			 find the evidence supports the adult in custody's placement in a state mental
			 hospital listed in ORS
			 426.010 or a hospital or
			 facility designated by the Oregon Health Authority, in which case the hearings
			 officer will so inform the adult in custody and recommend that the adult in
			 custody's administrative commitment exceed 30 days. The hearing record shall be
			 processed with final action subject to review by the Superintendent/designee of
			 the Oregon State Hospital. An adult in custody's administrative commitment to a
			 state mental hospital shall not exceed 180 days unless the commitment is
			 renewed in a subsequent administrative hearing in accordance with these
			 rules.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0255 - Hearing Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 completion of a hearing, the hearings officer shall prepare and cause to be
			 delivered to the Superintendent/designee of the Oregon State Hospital a hearing
			 record within three (3) days from the date of the hearing.
(2) The record of the formal hearing shall
			 include:
(a) Examination reports;
(b) Notice of hearing and rights;
(c) Recording of hearing;
(d) Supporting material(s); and
(e) "Findings-of-Facts, Conclusions, and
			 Recommendation" of the hearings officer.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0260 - Superintendent's Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The results
			 of any hearing held to place an adult in custody in a state mental hospital for
			 administrative commitment will be reviewed and approved by the
			 Superintendent/designee of the Oregon State Hospital.
(2) The Superintendent/designee of the Oregon
			 State Hospital shall review the "Findings-of-Fact, Conclusions, and
			 Recommendation" of the hearings officer, in terms of the following factors:
(a) Was there substantial compliance with
			 this rule;
(b) Was the decision
			 based on substantial information; and
(c) Was the decision proportionate to the
			 information and consistent with the provisions of this rule.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0265 - Extension of Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Oregon Health Authority determines that the administrative commitment must
			 exceed 180 days in order to stabilize the adult in custody, the administrative
			 commitment must be renewed in a subsequent administrative commitment hearing
			 held in accordance with these rules.
(2) Notwithstanding this rule, an
			 administrative commitment may not continue beyond the term of incarceration to
			 which the adult in custody was sentenced.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0270 - Handling of Adult in custody Money and Personal Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an adult
			 in custody is transferred to a state mental hospital, the Department of
			 Corrections shall send a check for the balance of the adult in custody's
			 account to the business office of the state mental hospital.
(2) The adult in custody's personal property
			 will be transferred from the Department of Corrections facility in accordance
			 with standards and limitations set by the state mental hospital to which the
			 adult in custody is transferred.
(3) When the adult in custody is returned to
			 a Department of Corrections facility, the adult in custody's money and personal
			 property, as allowed by the Department of Corrections Rules for Personal
			 Property (Adult in custody) (OAR 291-117) and Trust Accounts (Adult in custody)
			 (OAR 291-158), will be returned with the adult in custody. All property not
			 allowed under the Department of Corrections rules for Personal Property (Adult
			 in custody) shall be handled, controlled and disposed of in accordance with
			 Oregon Health Authority rules (309-108-0000 through
			 309-108-0020).
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0275 - Visiting Privileges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 adult in custody is transferred to a state mental hospital, the Department of
			 Corrections facility shall provide a copy of the adult in custody's approved
			 list of visitors.
(2) All visitors
			 shall be approved according to the state mental hospital's procedure.
(3) When an adult in custody is returned to a
			 Department of Corrections facility, any new names added to the list will be
			 subject to review and approval according to the Department of Corrections Rule
			 on Visiting (Adult in custody) (OAR 291-127) before admission of new visitors
			 will be allowed.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0280 - Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips

Current through Register Vol. 63, No. 7, July 1, 2024
When an adult in custody is administratively transferred to a
				state mental hospital, no short-term transitional leaves, emergency leaves, or
				supervised trips shall be approved by the state mental hospital without
				approval of the functional unit manager of the Department of Corrections
				facility.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0285 - Releases from a State Mental Hospital

Current through Register Vol. 63, No. 7, July 1, 2024
An adult in custody who is transferred to a state mental
				hospital may be discharged and transferred back to a Department of Corrections
				facility for one of the following reasons:
(1) Completion of treatment;
(2) He/she could receive mental health
			 services within the Department of Corrections, and there was a mutually agreed
			 upon continuity of care plan developed by the state mental hospital and the
			 Administrator of the Department of Corrections Counseling and Treatment
			 Services Unit/designee; or
(3)
			 He/she does not meet the requirements to continue treatment at a state mental
			 hospital.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0290 - Reporting of Unusual Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
Reporting of unusual incidents involving adults in custody
				administratively transferred to a state mental hospital shall be handled in
				accordance with the Department of Corrections policy on Unusual Incident
				Reporting Process.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0295 - Confidentiality and Sharing of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department of Corrections records and
			 other adult in custody information shall not be available to adults in custody
			 or persons not employed by, nor under contract to, the Oregon Health
			 Authority.
(2) Authority records
			 and information will be handled in accordance with ORS
			 179.495,
			 179.505,
			 192.515,
			 192.517, and 42 CFR Part 2
			 relating to confidentiality of medical treatment records.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 1 - PROCEDURAL RULES › Section 325-001-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820 & Sec. 9 Ch. 686 OL
				  2003
Stats. Implemented: ORS
				  183.341(4)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 1 - PROCEDURAL RULES › Section 325-001-0001 - Notice To Interested Persons

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending, or repealing any permanent rule, the
				Patient Safety Commission will give notice of its intended action:
(1) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least 21 days before
			 the effective date of the rule;
(2)
			 By providing a copy of the notice to persons on the Patient Safety Commission's
			 distribution list established pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of the rule;
(3) By providing a copy of the notice to
			 legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective date of the rule; and
(4) By providing a copy of the notice to:
(a) The Hospital Association of
			 Oregon;
(b) The Oregon Health Care
			 Association;
(c) Oregon State
			 Pharmacy Association;
(d) Oregon
			 Medical Association;
(e) The Oregon
			 Board of Pharmacy;
(f) Oregon
			 Nurses Association;
(g) The Oregon
			 Ambulatory Surgery Center Association;
(h) Affected health care facilities and
			 pharmacies; and
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 1 - PROCEDURAL RULES › Section 325-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Patient Safety Commission adopts, in their entirety, the
				current Attorney General's Uniform and Model Rules of Procedure under the
				Administrative Procedures Act.
Stat. Auth.: ORS
				  442.820,
				  442.831
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 5 - BOARD ADMINISTRATION › Section 325-005-0015 - Biennial Budget

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Patient Safety Commission (OPSC) hereby amends the
				OPSC 2021-2023 biennial budget of $3,609,773 to $3,587,112, covering the period
				July 1, 2021, through June 30, 2023. The OPSC Executive Director will amend
				budgeted accounts as necessary, within the approved budget of $3,587,112 for
				the effective operation of the agency. OPSC will not exceed the approved
				2021-2023 biennium budget without amending this rule, notifying interested
				parties, and holding a public hearing as required by ORS Chapter 182.462.
				Copies of the budget are available from the OPSC office and are posted on the
				OPSC website.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  442.820-442.835
Statutes/Other Implemented: ORS
				  182.462
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 10 › Section 325-010-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 686,
				  182.456 -
				  182.472, OL 2003 Sec. 4,6,9
Stats. Implemented: ORS
				  442.820 -
				  442.835
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 10 › Section 325-010-0001

Current through Register Vol. 63, No. 7, July 1, 2024
Appendices referenced are available from the
				  agency.
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 10 › Section 325-010-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS 686,
				  182.456 -
				  182.472, OL 2003 Sec.
				  4,6,9
Stats. Implemented: ORS
				  442.820 -
				  442.835
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 10 › Section 325-010-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS 686,
				  182.456 -
				  182.472, OL 2003 Sec.
				  4,6,9
Stats. Implemented: ORS
				  442.820 -
				  442.835
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 325-011-0001  to 325-011-0055:
(1) "Adverse event" means an objective and
			 definable negative consequence of patient care, or the risk of an objective and
			 definable negative consequence of patient care, that:
(a) Is unanticipated and usually preventable;
			 and
(b) Results in or presents a
			 risk of resulting in physical injury to the patient.
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0002 - Participation in the Oregon Patient Safety Reporting Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Participation in the Oregon Patient Safety Reporting Program is
			 voluntary.
(2) The following
			 entities are eligible to participate:
(a)
			 Hospitals as defined in ORS
			 442.015;
(b) Long term care facilities as defined in
			 ORS 442.015;
(c) Pharmacies licensed under ORS chapter
			 689;
(d) Ambulatory surgical
			 centers as defined in ORS
			 442.015;
(e) Outpatient renal dialysis facilities as
			 defined in ORS 442.015;
(f) Freestanding birthing centers as defined
			 in ORS 442.015;
(g) Independent professional health care
			 societies or associations; and
(h)
			 Extended stay centers licensed under ORS
			 441.026.
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0005 - Reporting Patient Safety Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Patient Safety Commission (OPSC) will provide Participants with the means to
			 submit Patient Safety Reports.
(2)
			 Participants must use the format specified by OPSC when reporting Patient
			 Safety Data.
(3) If a Participant
			 submits Patient Safety Data that does not meet established reporting
			 requirements, OPSC may request additional information or choose not to accept
			 submission.
(4) If a Participant
			 believes OPSC should immediately issue an alert based on a specific Adverse
			 Event, the Participant should provide an initial report to the Commission. The
			 Participant and Commission will work together to identify information to
			 include in the alert.
Statutory/Other Authority: ORS
				  442.820 & 442.831
Statutes/Other Implemented: ORS
				  442.819-442.851
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0010 - Reporting of Less Serious Adverse Events or Close Calls

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to Serious Adverse Events, Participants are also
				encouraged to report less serious adverse events and close calls. Participants
				should do so when they believe other organizations will benefit from the
				information or when they believe such events present the potential for
				significant harm.
Statutory/Other Authority: ORS
				  442.820 & 442.831
Statutes/Other Implemented: ORS
				  442.819-442.851
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0015 - Auditing and oversight of the Oregon Patient Safety Reporting Program

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Patient Safety Commission (OPSC) Board of Directors
				will establish auditing and oversight procedures for the Oregon Patient Safety
				Reporting Program, including a process to:
(1) Evaluate the effectiveness of the Oregon
			 Patient Safety Reporting Program in advancing the mission of OPSC described in
			 ORS 442.820 (2),
			 including:
(a) Operating the Oregon Patient
			 Safety Reporting Program;
(b)
			 Sharing system-level improvement techniques to reduce systems' errors;
			 and
(c) Sharing evidence-based
			 prevention practices to improve patient safety;
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0020 - Public Health Officer Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At least
			 annually, the Oregon Patient Safety Commission (OPSC) will request that the
			 Public Health Officer certify that OPSC is administering the patient safety
			 reporting program consistent with the mission described in ORS
			 442.820 (2) and
			 the requirements of ORS
			 442.831 (1).
			 OPSC will request that the Public Health Officer:
(a) Develop independent and objective
			 standards for their evaluation; and
(b) Use those standards to certify the Oregon
			 Patient Safety Reporting Program.
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0025 - Patient Notification of Serious Adverse Events

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After a
			 Serious Adverse Event occurs, a Participant must notify each affected patient
			 or the patient's personal representative. Notification must be timely and
			 should be consistent with the Participant's internal communication and
			 disclosure policies.
(2) The Oregon
			 Patient Safety Commission (OPSC) encourages Participants to notify each
			 affected patient or the patient's personal representative of less serious
			 adverse events.
(3) As provided in
			 ORS 442.837(4),
			 notification provided under this subsection may not be construed as an
			 admission of liability in a civil action.
Statutory/Other Authority: ORS
				  442.820 & 442.831
Statutes/Other Implemented: ORS
				  442.819-442.851
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0030 - Extensions and Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Patient Safety Commission (OPSC) may grant an extension of any time requirement
			 associated with reporting Patient Safety Data if the Participant provides
			 justification that the extension will not adversely affect OPSC's
			 purposes.
(2) OPSC may waive any
			 other provision of these rules if the Participant provides justification that
			 the waiver will not adversely affect OPSC's purposes.
Statutory/Other Authority: ORS
				  442.820 & 442.831
Statutes/Other Implemented: ORS
				  442.819-442.851
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0035 - Protection of Patient Safety Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Patient Safety Commission (OPSC) is subject to all the confidentiality
			 provisions set forth in ORS
			 442.820,
			 442.831,
			 442.837, and
			 442.846.
(2) OPSC will maintain the confidentiality of
			 all Patient Safety Data that identifies or could be reasonably used to identify
			 a Participant or an individual who is receiving or has received health care
			 from the Participant.
(3) Before it
			 takes receipt of any confidential Patient Safety Data, OPSC will have in place
			 appropriate safeguards and security measures to ensure the technical integrity
			 and physical safety of such data.
(4) Pursuant to ORS
			 442.820(4),
			 meetings or portions of meetings where the Oregon Patient Safety Commission
			 Board of Directors, or subcommittees or advisory committees consider
			 information that identifies a Participant or patient are not subject to the
			 Oregon Public Meetings Law, 192.610 to 192.690.
Statutory/Other Authority: ORS
				  442.820 & 442.831
Statutes/Other Implemented: ORS
				  442.819-442.851
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0040 - Commission's Use of Patient Safety Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Patient Safety Commission (OPSC) may create ad hoc committees to advise OPSC on
			 best practices in patient safety, including but not limited to learning from
			 and sharing Patient Safety Data.
(2) At least quarterly, OPSC will provide
			 Participants with patient safety information derived from Patient Safety
			 Data.
(3) At least annually, OPSC
			 will publish a report to the public summarizing Patient Safety Data for the
			 preceding calendar year.
(4) OPSC
			 will work with representatives of organizations participating in the Oregon
			 Patient Safety Reporting Program and with other interested parties to develop
			 recommendations for continued improvements in the collection and use of Patient
			 Safety Data.
(5) OPSC, within its
			 resource limitations, will provide technical assistance to Participants,
			 including but not limited to recommendations or advice regarding patient safety
			 systems and practices, and use of the Oregon Patient Safety Reporting
			 Program.
(6) OPSC may initiate
			 other projects using patient safety data when consistent with its mission and
			 in accordance with existing confidentiality protections.
Statutory/Other Authority: ORS
				  442.820 & 442.831
Statutes/Other Implemented: ORS
				  442.819-442.851
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0045 - Enrollment in the Oregon Patient Safety Reporting Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Participants in the Oregon Patient Safety Reporting Program are entitled to the
			 benefits and subject to the obligations set forth in these rules.
(2) Eligible entities may apply for
			 participation in the Oregon Patient Safety Reporting Program by completing
			 Oregon Patient Safety Commission (OPSC)'s participation agreement. The
			 participation agreement must include the name of a designated contact person.
			 Participants are responsible for informing OPSC of any changes to information
			 on the participation agreement.
(3)
			 In agreeing to participate an eligible entity must affirm that it is willing to
			 fully share requested Patient Safety Data with OPSC. This statement must be
			 signed by a facility executive who is authorized to sign.
(4) Upon enrolling in the Oregon Patient
			 Safety Reporting Program, the Participant must provide copies to OPSC upon
			 request of its policies and procedures describing patient safety activities,
			 including, how it:
(a) Incorporates health
			 equity into its patient safety activities;
(b) Monitors the effectiveness of patient
			 safety or quality improvement efforts over time;
(c) Triages adverse events;
(d) Investigates adverse events;
			 and
(e) Notifies affected patients
			 or their personal representatives of a serious adverse event.
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0050 - Withdrawal from the Oregon Patient Safety Reporting Program

Current through Register Vol. 63, No. 7, July 1, 2024
If a Participant chooses to withdraw from the Oregon Patient
				Safety Reporting Program, it must submit its withdrawal request in writing to
				the Oregon Patient Safety Commission (OPSC). The request must include its
				reason for withdrawing from the program. OPSC will process the request and
				remove the facility from the list of participants within 30 days.
Statutory/Other Authority: ORS
				  442.820 & 442.831
Statutes/Other Implemented: ORS
				  442.819-442.851
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 11 - OREGON PATIENT SAFETY REPORTING PROGRAM › Section 325-011-0055 - Annual Participant Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All hospitals,
			 ambulatory surgery centers, and renal dialysis facilities licensed under ORS
			 441.015, all community retail
			 pharmacies licensed under ORS 689, and all long term care facilities licensed
			 under OAR 411, division 085 must pay an annual fee. Per ORS
			 442.850 these fees will be
			 assessed independent of participation status in the Oregon Patient Safety
			 Reporting Program. Health care facilities must pay according to the following
			 table for the 2024 calendar year: [See attached table.]
(2) Initial fees will be due by December 31
			 of the year a health care facility becomes licensed by the state of Oregon.
			 Annual fees for a calendar year will be due by December 31 of the prior
			 calendar year. Any uncollected fees are turned over to the Department of
			 Revenue for collection on or after April 1 following the date of
			 invoice.
(3) Participation fees
			 will not be refunded due to participant withdrawal from the Oregon Patient
			 Safety Reporting Program.
(4) Fees
			 shall be annually adjusted by the Oregon Patient Safety Commission (OPSC) Board
			 of Directors, at a rate equal to the annual average Consumer Price Index for
			 All Urban Consumers, West Region (All Items), as published by the United States
			 Department of Labor, Bureau of Labor Statistics for every fiscal
			 year.
Statutory/Other Authority: ORS
				  442.820 & 442.831
Statutes/Other Implemented: ORS
				  442.850-442.851
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0001

Current through Register Vol. 63, No. 7, July 1, 2024
Appendices referenced are not included in rule text.
Click here for PDF copy
				  of appendicies
.
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0055

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 30 › Section 325-030-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  442.820
Stats. Implemented: ORS
				  442.819 -
				  442.851 &
				  442.837(2)(e)
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 35 - EARLY DISCUSSION AND RESOLUTION › Section 325-035-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 325-035-0001  to 325-035-0050:
(1) "Adverse health care incident" means an
			 objective, definable and unanticipated consequence of patient care that is
			 usually preventable and results in the death of or serious physical injury to
			 the patient.
(2) "Business day"
			 means any day other than a federal or State of Oregon legal holiday or a day
			 other than a day on which offices of the State of Oregon are otherwise
			 authorized by law to remain closed.
(3) "Commission" means the Oregon Patient
			 Safety Commission.
(4)
			 "Discussion" means:
(a) All communications,
			 written and oral, that are made in the course of a discussion under Oregon Laws
			 2013, Chapter 5, Section 3; and
(b) All memoranda, work products, documents
			 and other materials that are prepared for or submitted in the course of or in
			 connection with a discussion under Oregon Laws 2013, Chapter 5, Section 3.
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 35 - EARLY DISCUSSION AND RESOLUTION › Section 325-035-0005 - Filing a Notice of Adverse Health Care Incident

Current through Register Vol. 63, No. 7, July 1, 2024
When an adverse health care incident occurs in a health care
				facility, a location operated by a health care facility, or outside a health
				care facility and the incident involves a health care provider, the health care
				facility, health care provider or employer of the health care provider, or a
				patient, may file a notice with the Commission in accordance with this rule.
				The filing of a notice enables the parties to engage in Early Discussion and
				Resolution.
(1) A notice may be filed
			 with the Commission electronically, by telephone, or by submitting a written
			 form prescribed by the Commission that contains the information described in
			 sections (3) or (5) of this rule.
(2) A notice should not be filed with the
			 Commission if:
(a) The incident does not meet
			 the definition of an adverse health care incident;
(b) The adverse health care incident occurred
			 before July 1, 2014;
(c) The
			 adverse health care incident occurred outside of Oregon;
(d) The adverse health care incident did not
			 involve at least one health care facility, location operated by a health care
			 facility, or health care provider; or
(e) The filer is an inmate as defined in ORS
			 30.642.
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 35 - EARLY DISCUSSION AND RESOLUTION › Section 325-035-0010 - Notifying a Health Care Facility, Health Care Provider, or Patient of a Notice of Adverse Health Care Incident

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Commission receives a notice
			 from a patient, the Commission must notify all health care facilities and
			 health care providers named in the notice, using email, telephone, or the US
			 mail as appropriate. The Commission will attempt to contact all health care
			 facilities and health care providers within seven business days of receiving
			 the notice. If a patient is unable to provide accurate contact information for
			 a health care facility or a health care provider, the Commission must attempt
			 to notify the health care facility or health care provider and provide the
			 required notice.
(a) If the Commission is not
			 able to identify and contact a health care facility or a health care provider,
			 the Commission must notify the patient in writing that unless accurate contact
			 information for the health care facility or health care provider is received by
			 the Commission within 30 days, the Commission will consider the matter closed.
(b) If the Commission does not
			 receive accurate contact information for the health care facility or health
			 care provider within 30 days, the Commission must inform the patient in writing
			 that the Commission has closed the matter.
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 35 - EARLY DISCUSSION AND RESOLUTION › Section 325-035-0015 - Procedures for Conducting Discussions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A health care facility, health care
			 provider, or employer of a health care provider who files or is named in a
			 notice of adverse health care incident and the patient who is the subject of
			 the adverse health care incident may engage in Early Discussion and Resolution
			 in an attempt to resolve the incident.
(2) If the parties choose to participate in
			 Early Discussion and Resolution, the initial discussion should take place as
			 soon as possible and generally within 72 hours of a health care facility or
			 health care provider filing a notice or being informed by the Commission that a
			 notice was filed by a patient, and conclude within 180 days of the initial
			 filing of the notice.
(3) The
			 parties may agree to extend the 180 day time limit described in section (2) of
			 this rule if they also agree to extend the statute of limitations applicable to
			 a negligence claim.
(4) Each party
			 involved in Early Discussion and Resolution may include other persons in the
			 discussion, including a mediator as outlined in OAR
			 325-035-0035.
(5) The health care facility,
			 health care provider, or employer of a health care provider who chooses to
			 participate in Early Discussion and Resolution must notify the patient and all
			 other parties involved in the adverse health care incident of the date, time,
			 and location of the discussions and shall reasonably accommodate all persons
			 who have been invited to participate by the parties and wish to attend.
(6) Discussions may include:
(a) An explanation of what occurred and the
			 implications for the patient's health and well-being;
(b) An explanation of the causes of the
			 incident;
(c) An apology or
			 expression of regret to the patient;
(d) The steps the health care facility or
			 health care provider will take to prevent future occurrences of the adverse
			 health care incident; and
(e)
			 Compensation for the adverse health care incident.
Oregon Administrative Rules › Chapter 325 - OREGON PATIENT SAFETY COMMISSION › Division 35 - EARLY DISCUSSION AND RESOLUTION › Section 325-035-0020 - Filing Reports about Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission must request a
			 confidential report indicating the status of the matter from the person that
			 filed the notice within 180 days after the notice was filed. If the matter is
			 not resolved 180 days after the notice was filed, the Commission may request
			 additional reports from the person that filed the notice as necessary.
(2) A report may include:
(a) Whether the matter has been resolved;
(b) Whether an apology was offered
			 or there were expressions of regret;
(c) Whether the health care facility or
			 health care provider agreed to take steps to prevent future occurrences of the
			 adverse health care incident;
(d)
			 How many oral communications, including face-to-face discussions, the parties
			 have had;
(e) Who has participated
			 in the oral communications, including face-to-face discussions;
(f) Whether the parties engaged in mediation;
			 and
(g) Whether compensation was
			 offered and accepted.