reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 31 - PROGRAMS FOR MENTAL OR EMOTIONAL DISTURBANCES › Section 309-031-0010 - Forensic Psychiatric Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose. This rule prescribes procedures for state institutions serving persons
			 committed to the Division by a court of criminal jurisdiction and persons
			 ordered to a state institution by the Psychiatric Security Review Board or
			 Oregon Health Authority. This rule also designates the state institution to
			 receive other dangerous persons in certain instances.
(2) Statutory Authority and Procedure. This
			 rule is authorized by ORS
			 161.390,
			 179.360,
			 179.040, and
			 413.042 and carries out the
			 provisions of 161.295 through 161.370, 161.725 to 161.735, 426.005 to 426.680,
			 427.175, 427.180 & 430.610 to 430.725.
(3) Definitions. As used in this rule:
(a) "Administrator" means the Assistant
			 Director, of the Addictions and Mental Health Division.
(b) "Division" means the Addictions and
			 Mental Health Division of the Oregon Health Authority.
(c) "Patient" means a person who is receiving
			 care and treatment in a state institution for the mentally ill.
(d) "Psychiatric Security Review Board" is
			 the Board created by ORS
			 161.385.
(e) "Resident" means a person who is
			 receiving care, treatment, and training in a state institution for the mentally
			 retarded.
(f) "State Institution"
			 means Dammasch State Hospital in Wilsonville, Oregon State Hospital in Salem,
			 Fairview Training Center in Salem, and Eastern Oregon Hospital and Training
			 Center in Pendleton.
(g)
			 "Superintendent" means the executive head of the state institution as listed in
			 subsection (3)(f) of this rule.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES › Section 309-032-0301 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe the standards for community-based
				programs that serve individuals with a serious mental illness experiencing
				homelessness under the Projects for Assistance in Transition from Homelessness
				(PATH) program.
Stat. Auth.: ORS
				  413.042 &
				  430.640
Stats. Implemented: ORS
				  430.610 -
				  430.695
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES › Section 309-032-0311 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Co-Occurring
			 Disorders" (COD) means the existence of at least one diagnosis of a substance
			 use disorder and one diagnosis of a serious mental illness.
(2) "Community Mental Health Program" (CMHP)
			 means an entity that is responsible for planning and delivery of services for
			 individuals with substance use or mental illness diagnoses operated in a
			 specific geographic area of the state under an intergovernmental agreement or a
			 direct contract with the Health Systems Division (Division).
(3) "Division" means the Health Systems
			 Division (Division) of the Oregon Health Authority (OHA).
(4) "Eligible Individual" means an individual
			 who, as defined in these rules:
(a) Is
			 homeless or at imminent risk of becoming homeless; and
(b) Has or is reasonably assumed to have a
			 serious mental illness;
(c) May
			 also have a co-occurring substance use disorder.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES › Section 309-032-0321 - Eligible Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective
			 outreach to engage people in the following array of services:
(a) Identification of individuals in
			 need;
(b) Screening for symptoms of
			 serious mental illness;
(c)
			 Development of rapport with the individual;
(d) Offering support while assisting with
			 immediate and basic needs;
(e)
			 Referral to appropriate resources; or
(f) Distribution of information including but
			 not limited to:
(A) Flyers and other written
			 information;
(B) Public service
			 announcements; or
(C) Other
			 indirect methods of contact.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES › Section 309-032-0331 - Staff Qualifications and Training Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Staff delivering case management and
			 outreach services to individuals shall have demonstrated ability to:
(a) Identify individuals who appear to be
			 seriously mentally ill;
(b)
			 Identify service goals and objectives and incorporate them into an ISSP;
			 and
(b) Refer the individuals for
			 services offered by other agencies.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES › Section 309-032-0341 - Rights of Eligible Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In addition to all applicable statutory and constitutional rights, every
			 eligible individual receiving services has the right to:
(a) Choose from available services and
			 supports;
(b) Be treated with
			 dignity and respect;
(c) Have all
			 services explained, including expected outcomes and possible risks;
(d) Confidentiality and the right to consent
			 to disclosure in accordance with ORS
			 107.154,
			 179.505,
			 192.515 and 42 CFR Part 2 and 45
			 CFR Part 205.50 ;
(e) Give informed
			 consent to services in writing prior to the start of services, except in a
			 medical emergency or as otherwise permitted by law;
(f) Inspect their Individual Service Record
			 in accordance with ORS
			 179.505;
(g) Not participate in
			 experimentation;
(h) Receive
			 medications specific to the individual's diagnosed clinical needs;
(i) Receive prior notice of service
			 conclusion or transfer, unless the circumstances necessitating service
			 conclusion or transfer pose a threat to health or safety;
(j) Be free from abuse or neglect and to
			 report any incident of abuse or neglect without being subject to
			 retaliation;
(k) Have religious
			 freedom;
(l) Be informed at the
			 start of services and periodically thereafter of the rights guaranteed by these
			 rules;
(m) Be informed of the
			 policies and procedures, service agreements and fees applicable to the services
			 provided, and to have a custodial parent, guardian or representative assist
			 with understanding any information presented;
(n) Have family involvement in service
			 planning and delivery;
(o) Make a
			 declaration for mental health treatment, when legally an adult;
(p) File grievances, including appealing
			 decisions resulting from the grievance; and
(q) Exercise all rights described in this
			 rule without any form of reprisal or punishment.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES › Section 309-032-0351 - Enrollment and Record Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual's eligibility shall be
			 determined and documented at the earliest possible date.
(2) A record shall be maintained for each
			 enrolled individual receiving services under this rule. The record shall
			 contain the following:
(a) An enrollment form
			 which includes:
(A) The individual's name and
			 PATH enrollment date;
(B) A list or
			 description of the criteria determining the individual's PATH eligibility;
			 and
(C) The individual's PATH
			 services discharge date.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES › Section 309-032-0850 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe standards and procedures for regional
				acute care psychiatric services for adults.
Stat. Auth.: ORS
				  413.042 &
				  430.640
Stats. Implemented: ORS
				  430.630 &
				  430.640
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES › Section 309-032-0870 - Standards for Approval of Regional Acute Care Psychiatric Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility in
			 which a regional acute care psychiatric service is provided shall maintain
			 state certificates and licenses as required by Oregon law for the health,
			 safety, and welfare of the individuals served. Non-hospital facilities shall be
			 licensed by the Division as required by ORS
			 443.410. Non-hospital facilities
			 shall be certified by the Division as required by OAR
			 309-008-0100 to 1600. The
			 facility shall also be approved under OAR
			 309-033-0530 (Approval of
			 Hospitals and Nonhospital Facilities that Provide Services to Committed Persons
			 and to Persons in Custody or on Diversion) and OAR
			 309-033-0540 (Administrative
			 Requirements for Hospitals and Nonhospital Facilities Approved to Provide
			 Services to Persons in Custody, Psychiatric Hold or Certified for 14 Days of
			 Intensive Treatment).
(2) A
			 regional acute care psychiatric service shall include 24-hours a day
			 psychiatric, multi-disciplinary, inpatient or residential stabilization care
			 and treatment for adults ages 18 and older with severe psychiatric disabilities
			 in a designated region of the state. For the purpose of these rules, a state
			 hospital is not a regional acute care psychiatric service. The goal of a
			 regional acute care service is the stabilization, control, and amelioration of
			 acute dysfunctional symptoms or behaviors that result in the earliest possible
			 return of the individual to a less restrictive environment.
(3) A regional acute care psychiatric service
			 shall maintain clinical records as follows:
(a) Except as otherwise applicable, clinical
			 records are confidential as set forth in ORS
			 179.505 and
			 192.502 and any other applicable
			 state or federal law. For the purposes of disclosure from non-medical
			 individual records, both the general prohibition against disclosure of
			 "information of a personal nature" and limitations to the prohibition in ORS
			 192.502 shall apply;
(b) Clinical records shall be secured,
			 safeguarded, stored, and retained in accordance with OAR
			 166-030-1015;
(c) Clinical record
			 entries required by these rules shall be signed by the staff providing the
			 service and making the entry. Each signature shall include the individual's
			 academic degree or professional status and the date signed.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 32 - COMMUNITY TREATMENT AND SUPPORT SERVICES › Section 309-032-0890 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 may grant variances to a regional acute care psychiatric service if
			 implementation of the proposed alternative services, methods, concepts, or
			 procedures would result in services or systems that meet or exceed the
			 standards in these rules.
(2)
			 Application for a variance to these or other applicable rules shall be obtained
			 pursuant to the process governed by OAR
			 309-008-1600.
Stat. Auth.: ORS
				  413.042 &
				  430.640
Stats. Implemented: ORS
				  430.630 &
				  430.640
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0200 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These rules prescribe general
			 standards and procedures relating to the involuntary civil commitment of
			 persons with mental illness as defined in ORS
			 426.005.
(2) Statutory authority. These rules are
			 authorized by ORS 426.005 through
			 426.395 and carry out the
			 provisions of 426.005 through 426.395. These rules replace OAR 309-033-0100
			 through 309-033-0170, which were in effect from September 2, 1992 through
			 August 31, 1994.
Statutory/Other Authority: ORS
				  413.042 & ORS
				  426.005 -
				  426.395
Statutes/Other Implemented: ORS
				  426.005 -
				  426.395
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0220 - General Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Goals. The
			 goals of the Division in implementing these civil commitment standards are:
(a) To promote the well-being of persons
			 alleged to have a mental illness and those who are a person with mental illness
			 during involuntary care, custody and treatment of mental illness pursuant to
			 ORS Chapter 426;
(b) To promote the
			 protection of the civil rights of each person who is a person alleged to have
			 amental illness and who is a person with mental illness;
(c) To encourage consistent application of
			 ORS Chapter 426 as it specifically pertains to each of the following groups:
(A) Persons alleged to have a mental illness;
			 and
(B) Persons with a mental
			 illness.
(d) To encourage
			 the provision of care, custody and treatment of persons in the least
			 restrictive environment that currently is available within existing
			 resources;
(e) To encourage
			 voluntary enrollment of persons in available mental health services in lieu of
			 pursuing involuntary treatment through civil commitment, whenever
			 possible;
(f) To encourage that the
			 director monitors the commitment process in their county, is knowledgeable of
			 the statutes and administrative rules pertaining to civil commitment, provides
			 leadership so that persons being held are afforded their civil rights and are
			 treated with dignity in the implementation of ORS Chapter 426;
(g) To provide for the safety of the
			 community when threatened by a person who is dangerous to others as a result of
			 mental illness.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0225 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria for a
			 variance. Variances to rules in Oregon Administrative Rules Chapter 309,
			 Division 33 may be granted to a Community Mental Health Program (CMHP),
			 provider, or facility if there is a lack of resources to implement the
			 standards required in this rule or if implementation of the proposed
			 alternative services, methods, concepts, or procedures would result in services
			 or systems that meet or exceed the standards in these rules and is pursuant to
			 relevant Oregon Revised Statutes.
(2) Variance application. The CMHP, provider,
			 or facility requesting a variance shall submit, in writing, an application to
			 the Division which contains the following:
(a) The section of the rule from which the
			 variance is sought;
(b) The reason
			 for the proposed variance;
(c) The
			 alternative practice, service, method, concept or procedure proposed;
(d) A plan and timetable for compliance with
			 the section of the rule from which the variance is sought; and
(e) Signed documentation from the council
			 indicating its position on the proposed variance.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0230 - Custody of Persons Alleged to Have a Mental Illness Prior to Filing a Notification of Mental Illness.

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Custody by a
			 Licensed Independent Practitioner (LIP) pursuant to ORS
			 426.231. A LIP taking a person
			 into custody pursuant to ORS
			 426.231 at a hospital approved
			 under OAR 309-033-0550 shall detain the
			 person for no more than 12 hours and during that time shall either:
(a) Authorize the person for transportation
			 to an approved hospital or nonhospital facility and provide transportation
			 according to the agreement required under OAR
			 309-033-0550; or
(b) Release the person if the LIP no longer
			 believes that the person is dangerous to self or others.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0240 - Initiation of the Civil Commitment Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initiation. The
			 civil commitment process is initiated when a notice of mental illness (NMI) is
			 filed with the circuit court. The NMI shall be filed with the court as directed
			 below:
(a) Public petition. When an NMI is
			 given to the director of the county where the person alleged to have a mental
			 illness resides pursuant to ORS
			 426.070, the director shall
			 immediately file the NMI with the court in the county where the alleged person
			 with mental illness resides. The following persons may give an NMI to the
			 director:
(A) Any two persons;
(B) A county health officer; or
(C) Any magistrate.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0250 - Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria for
			 placement into custody. Only persons who are a danger to self or others and who
			 are in need of treatment for mental illness shall be placed in custody at a
			 facility approved by the Division.
(2) Warrant of detention.
(a) Upon the receipt of a warrant of
			 detention issued by the court pursuant to ORS
			 426.070, the director or the
			 sheriff of the county shall take the person into custody and remove the person
			 to a community hospital or nonhospital facility that is licensed under ORS
			 Chapter 441, other than an institution listed in ORS
			 426.010. Whoever takes the
			 person into custody shall inform the person of their rights with regard to
			 representation by or appointment of counsel as described in ORS
			 426.100 and be given the warning
			 described under ORS 426.123 and OAR
			 309-033-0540. The director of
			 the community hospital or nonhospital facility may refuse to detain the
			 individual if a Licensed Independent Practitioner (LIP), after reviewing the
			 documents accompanying the individual, is not satisfied that an emergency
			 exists or that the individual is dangerous to self or others and in need of
			 immediate care, custody or treatment for mental illness.
(b) In cases where the state hospital
			 initiated the civil commitment proceeding and the patient is already at the
			 state hospital, the patient shall remain at the state hospital upon the receipt
			 of the warrant of detention.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0260 - Diversion from Commitment Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice to court
			 by director. The director and a Licensed Independent Practitioner (LIP) may
			 certify a person for diversion at any time up to three judicial days after the
			 person has been taken into custody.
(2) Treatment plan. The director and the
			 treating LIP shall prepare a treatment plan that describes, in general terms,
			 the types of treatment and medication to be provided during the diversion. The
			 general treatment plan shall be descriptive of the range of services and
			 medications to be provided, and shall include a description of:
(a) Any of the following classes of
			 medication, if medication is to be administered:
(A) Antipsychotics;
(B) Antidepressants;
(C) Mood stabilizers;
(D) Anti-anxiety medications; or
(E) Anti-side effect medications.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0265 - The Authority's Denial of Payment for Services to Persons in Custody or on Diversion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 denial. The Authority shall deny part or all payment for services for a person
			 in custody or on a diversion only when the Authority determines that there is
			 insufficient evidence to reasonably support the belief that the person in
			 custody demonstrated:
(a) Living with a mental
			 disorder; and
(b) Dangerousness to
			 self or others as evidenced by thoughts, plans, means, actions, history of
			 dangerousness or other indicators of imminent dangerousness which Division
			 believes are within accepted community standards of professional
			 knowledge.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0270 - Provision of Care, Custody and Treatment of Persons under Civil Commitment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons under
			 civil commitment have the rights provided under ORS
			 426.385, ORS
			 430.205 through
			 430.210, and this rule,
			 including:
(a) A person under civil
			 commitment's right to fresh air.
(b) If a person under civil commitment
			 requests access to fresh air and the outdoors or the person under civil
			 commitment's treating health care provider determines that fresh air or the
			 outdoors would be beneficial to the person under civil commitment, the facility
			 in which the person under civil commitment is receiving services shall provide
			 daily access to fresh air and the outdoors unless this access would create a
			 significant risk of harm to the person under civil commitment or
			 others;
(c) The determination
			 whether a significant risk of harm to the person under civil commitment or
			 others exists shall be made by the person under civil commitment's treating
			 health care provider. The treating health care provider may find that a
			 significant risk of harm to the person under civil commitment or others exists
			 if:
(A) The person under civil commitment's
			 circumstances and condition indicate an unreasonable risk of harm to the person
			 under civil commitment or others which cannot be reasonably accommodated within
			 existing programming should the person under civil commitment be allowed access
			 to fresh air and the outdoors; or
(B) The facility's existing physical plant or
			 existing staffing prevent the provision of access to fresh air and the outdoors
			 in a manner than maintains the safety of the person under civil commitment or
			 others.
(d) If a facility
			 determines that its existing physical plant prevents the provision of access to
			 fresh air and the outdoors in a safe manner, the facility shall make a good
			 faith effort at the time of any significant renovation to the physical plant
			 that involves renovation of the unit or relocation of where persons under civil
			 commitment are treated to include changes to the physical plan or location that
			 allow access to fresh air and the outdoors, so long as such changes do not add
			 an unreasonable amount to the cost of the renovation.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0280 - Procedures for Persons under Civil Commitment and on Outpatient Commitment or Trial Visit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Outpatient
			 commitment. At the time of the civil commitment hearing the director may place
			 a person under civil commitment on an outpatient commitment if adequate
			 treatment services are available in the county. The director shall be
			 responsible for:
(a) Enrolling the person
			 under civil commitment in treatment services and assuring that the person has
			 an opportunity to participate in the development of the treatment
			 plan;
(b) Distributing the
			 conditions of placement as pursuant to ORS
			 426.278 and OAR
			 309-033-0280 below;
(c) Monitoring and documenting the provision
			 and consumption of services which fulfill the conditions set for the outpatient
			 commitment;
(d) Petitioning the
			 court for a revocation hearing if the best interests of the person under civil
			 commitment require a modification in the conditions of placement for a
			 treatment option which is more restrictive;
(e) With the participation of the person
			 under civil commitment, changing the conditions to less restrictive conditions,
			 if appropriate; and
(f) Documenting
			 in the clinical record any conditions of placement requiring modification by
			 means of a report which:
(A) Documents the
			 need for a change in the conditions of outpatient commitment;
(B) Sets new conditions of civil
			 commitment;
(C) Describes the
			 reasons for the new conditions;
(D)
			 Is signed by the person under civil commitment and the mental health
			 professional assigned to the case. If the person under civil commitment will
			 not sign or is otherwise unable to sign the new conditions of placement, such
			 fact shall be documented in the report; and
(E) Documents that a copy of the changes with
			 the reasons for the changes was distributed to appropriate persons described in
			 ORS 426.278 and OAR
			 309-033-0280.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0290 - Placement of Persons under Civil Commitment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Placement
			 authority. The Authority, pursuant to ORS
			 426.060, delegates the
			 responsibility for the placement of a person under civil commitment to the
			 director of the county of commitment:
(a) The
			 director, in consultation with the appropriate administrator, may place or
			 transfer placement of a person under civil commitment to any facility or
			 program approved by the Authority which, in the opinion of the director, will
			 appropriately meet the mental health needs of the person under civil commitment
			 and is consistent with applicable rules and statutes;
(b) Pursuant to ORS
			 426.300, the director may
			 discharge a person from civil commitment by notifying, in writing, the court
			 having jurisdiction, when voluntary status is in the best interest of the
			 person, or if the director determines the person is no longer a person with
			 mental illness defined by ORS
			 426.005;
(c) Placement outside the county of
			 residence. The director of the county of commitment may place the person under
			 civil commitment at a facility in a county other than the county of residence
			 or county of commitment if the director determines that such placement is in
			 the best interest of the person under civil commitment;
(d) Placement at a state hospital. The
			 director of the county of commitment shall only place a person under civil
			 commitment in a state hospital with the consent of the
			 superintendent.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0300 - Transfers Between Classes of Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transfers
			 between classes of facilities. The director may transfer a person under civil
			 commitment from one class of facility to another in the same class or in a less
			 restrictive class as provided by ORS
			 426.060. However, the director
			 shall transfer a person under civil commitment who has voluntarily agreed to
			 placement at the facility only with the written consent of the person. The
			 director shall transfer persons under civil commitment as provided by OAR
			 309-033-0400 through
			 309-033-0440 and OAR
			 309-033-0290. The director shall
			 modify the conditions of trial visit to reflect the change of placement and
			 shall notify the following persons of the transfer:
(a) The person under civil
			 commitment;
(b) The court in the
			 county where the person was civilly committed;
(c) The court in the county where the person
			 is to be placed;
(d) The director
			 in the county where the person is to reside;
(e) The administrator of the facility
			 designated to provide care or treatment; and
(f) Any other provider designated to provide
			 care or treatment.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0310 - Recertification for Continued Civil Commitment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recertification
			 for continued civil commitment of persons placed in a state hospital:
(a) After consulting with the director of the
			 person's county of residence, the superintendent shall issue a recertification
			 to:
(A) The person whose 180-day period of
			 civil commitment is due to expire, if the person is still a person with mental
			 illness as defined by ORS
			 426.005 and is in need of
			 further treatment; and
(B) The
			 director.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0320 - Revocation of Conditional Release, Outpatient Commitment or Trial Visit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Conditional
			 release. A caregiver appointed by the court to care for a person under civil
			 commitment while on conditional release is responsible for reporting to the
			 court any violation of the conditions of placement. If a person on conditional
			 release, whose conditions of placement include any service agreed to be
			 provided by a Community Mental Health Program (CMHP), violates the conditions
			 of conditional release, the director shall include in the clinical record a
			 revocation report which documents the following:
(a) The person's noncompliance with those
			 conditions of placement that include services provided by the CMHP;
(b) Efforts by the CMHP to inform the
			 caregiver of the noncompliance and the caregiver's response to these
			 efforts;
(c) Requests by the
			 caregiver for the CMHP to assist in obtaining compliance from the person on
			 conditional release, or in notifying the court of the person's failure to
			 comply with the conditions of placement, and the CMHP response to the requests
			 for assistance;
(d) Documentation
			 of the disposition made by the court, if the caregiver submits notification to
			 the court; and
(e) The date the
			 person was transported to an inpatient facility, and the name of the facility,
			 if appropriate.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0330 - Discharge of Civil Commitment for Persons under Civil Commitment and Placed in the Community

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only
			 the director of county of placement may discharge. Only the director of the
			 county of placement may change the civil commitment status of a person under
			 civil commitment who is placed in a community hospital or other community
			 facility:
(a) The director shall discharge a
			 person from civil commitment when:
(A) Release
			 from treating facility. The director believes the person under civil commitment
			 is no longer a person with mental illness as defined in ORS
			 426.005, and the person is to be
			 released from the treating facility.
(B) Transfer to voluntary status. The
			 director believes it is in the best interest of the person to transfer to
			 voluntary status, but the person is to remain at the treating
			 facility.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0340

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042
Stats. Implemented: ORS
				  426.005 -
				  426.395
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0400 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These rules prescribe standards
			 and procedures relating to the care, custody, and treatment of persons under
			 civil commitment and persons alleged to have a mental illness.
(2) Statutory authority. These rules are
			 authorized by ORS 426.005 through
			 426.395 and carry out the
			 provisions of ORS 426.005 through
			 426.395.
Statutory/Other Authority: ORS
				  413.042
Statutes/Other Implemented: ORS
				  426.005 -
				  426.395
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0410

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  413.042,
				  426.005,
				  426.060,
				  426.110(2),
				  426.232 &
				  426.236
Statutes/Other Implemented: ORS
				  426.005 -
				  426.395
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0420 - Transportation and Transfer of Persons in Custody or On Diversion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notification of
			 court. The director shall immediately inform the court of a transfer and the
			 location of the person and of the time the person is admitted to a new hospital
			 or nonhospital facility.
(2)
			 Transfer of persons in custody or on diversion. The director may transfer a
			 person who is in custody or on diversion only when:
(a) The director believes there is a facility
			 approved in accordance with OAR
			 309-033-0530 available that can
			 provide necessary care or treatment which is sufficient to meet the emergency
			 psychiatric needs of the person;
(b) The director has obtained the consent
			 required by OAR 309-033-0420(3)
			 and 309-033-0420(4).
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0425 - Provider Requirements for the Transportation and Transfer of Minors in Custody or by Consent of Legal Guardian

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Providers must be contracted to provide
			 secure non-emergent medical transport (NEMT) services.
(2) Transportation of minor individuals
			 (under the age 18) must be consistent with the requirement of
			 419-480-0010 through
			 419-480-0120 and must include
			 disclosure in a noticeable location in any advertisements or promotional
			 materials for its secure transportation services that the provider is
			 authorized by the Oregon Health Authority to provide secure transportation
			 services;
(a) The disclosure must also
			 indicate that the secure transportation services provider is not licensed by
			 the Department under ORS
			 418.215 or
			 418.240 to provide secure
			 transportation services and, if applicable, the reason for the provider's
			 licensing exemption under
			 419-480-0020(2);
(b) Secure NEMT service providers can obtain
			 an exemption from Oregon Department of Human Services (ODHS) to conduct secure
			 transports within the parameters set forth in the legislation such as secure
			 transport to/from Oregon when it originates or ends at a Child Care Agency
			 (CCA), Oregon Developmental Disabilities Services (ODDS) residential facility
			 or a Child Welfare certified foster home.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0430 - Transportation of a Person under Civil Commitment to a State Hospital, Community Hospital or Nonhospital Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Transportation of a person under civil commitment to a state hospital,
			 community hospital or nonhospital facility. The director of the county of
			 commitment shall arrange for the transportation of persons under civil
			 commitment to the hospital or nonhospital facility:
(a) Only persons under civil commitment who
			 have received prior approval for admission by the superintendent may be
			 transported to a state hospital;
(b) A guardian, friend or relative may
			 transport the person under civil commitment to the designated facility if all
			 of the following are met:
(A) The guardian,
			 friend, or relative requests to transport the person to the designated facility
			 prior to or at the time of the civil commitment hearing;
(B) The committing judge at the civil
			 commitment hearing determines that the means of transportation would not be
			 detrimental to the welfare of the person with mental illness or to the
			 public.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0435 - Client Rights with Regards to a Secure Transport Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A secure
			 transport provider shall maintain written policies and procedures with regard
			 to client rights. The policies and procedures must assure that a client has the
			 right to be treated with consideration, respect, and full recognition of human
			 dignity and individuality. These rights are in addition to any other rights
			 provided for in law.
(2) The client
			 care policies and procedures must include but are not limited to:
(a) Considerate and respectful
			 care;
(b) Reasonable privacy
			 concerning a client's transportation and care;
(c) Confidentiality of all communications and
			 records relating to client transportation and care except to the extent
			 otherwise required by law;
(d) An
			 environment in the secure transport that is free from recognized
			 hazards.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0437 - Mechanical Restraint by a Secure Transport Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A mechanical restraint may be used by
			 secure transport providers in emergency situations to prevent a person from
			 inflicting immediate and serious harm to self or others, or property. A
			 mechanical restraint shall only be used for health and safety reasons.
			 Mechanical restraint that results in injury to the person requires immediate
			 written notification to the Division.
(2) Checking a person in a mechanical
			 restraint:
(a) The provider shall monitor the
			 client's need for adequate circulation;
(b) Staff shall document that the client was
			 checked and appropriate attention paid to the person's needs.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0440

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042,
				  426.060 &
				  426.235
Stats. Implemented: ORS
				  426.005 -
				  426.395
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0500 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These rules prescribe standards
			 for the approval of facilities that provide involuntary care, custody and
			 treatment to persons in protective custody, in custody and on
			 diversion.
(2) Statutory authority.
			 These rules are authorized by ORS
			 426.395, and
			 426.005 through
			 426.395 and carry out the
			 provisions of ORS 426.005 through
			 426.395.
Stat. Auth.: ORS
				  413.042 &
				  426.060 -
				  426.500
Stats. Implemented: ORS
				  426.005 -
				  426.395
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0510

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042,
				  426.005,
				  426.060,
				  426.110(2),
				  426.232 &
				  426.236
Stats. Implemented: ORS
				  426.005 -
				  426.395
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0520 - Classes of Facility that Provide Care, Custody or Treatment to Persons under Civil Commitment or to Persons in Custody or on Diversion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Division to
			 assign classification. The Division shall assign a classification to a facility
			 approved to serve a person under civil commitment pursuant to ORS
			 426.130, or a person in custody
			 pursuant to ORS 426.232,
			 426.233, or on diversion
			 pursuant to 426.237.
(2) Class 1. A
			 Class 1 facility is:
(a) A facility that is
			 approved under applicable administrative rules to be locked to prevent a person
			 from leaving the facility, to use seclusion and restraint, and to involuntarily
			 administer psychiatric medication, including a hospital, regional acute
			 psychiatric care facility or other nonhospital facility approved under OAR
			 309-033-0530;
(b) A state hospital or a residential
			 facility operated by a state hospital on a state hospital campus; or
(c) A facility which, in the opinion of the
			 Division, restricts the liberty of a person to substantially the same degree as
			 other facilities in this class.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0540 - Administrative Requirements for Hospitals and Nonhospital Facilities Approved to Provide Services to Persons in Custody

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written policies. Each hospital or
			 nonhospital facility shall have written policies concerning the care, custody,
			 and treatment of persons in custody or on diversion. These policies shall be
			 written to provide for the comfort and safety of the person being provided care
			 and for the safety of the facility staff providing care to that person. These
			 policies shall detail staff responsibilities, person's rights, and emergency
			 procedures. All staff involved in the care of these persons shall be fully
			 familiar with these policies and procedures. These policies shall be reviewed
			 as part of the Division's approval process.
(2) Warning. Each hospital or nonhospital
			 facility shall:
(a) Have a Licensed
			 Independent Practitioner (LIP), nurse, or a Qualified Mental Health
			 Professional (QMHP) give the person the following warning:
"You are being held in this hospital because someone is
				concerned that you may hurt yourself or other people. Anything the staff of
				this hospital observes you do or say while you are in custody here may be used
				as evidence in a court of law to determine whether you should be under civil
				commitment as a person with mental illness. You have a right to legal counsel.
				If you cannot afford an attorney one will be provided for you by the
				court."
(b) Have the
			 warning given at the time of admission and at times when it is determined that
			 the person will reasonably understand the notice, and as often as it is
			 determined necessary to assure that the person has been given an opportunity to
			 be aware of the notice;
(c) Have
			 the warning given to the person in writing, as required by ORS
			 426.123. An attempt shall be
			 made to have the person sign the written warning. A copy of the signed written
			 warning shall be given to the person and the original shall be kept in the
			 clinical record. The person's inability to sign the written warning or refusal
			 to sign the written warning shall be documented on the written warning below
			 the place where the person's signature would be normally found, clearly stating
			 the reasons the signature was not obtained. The written warning shall include a
			 place where the person, by making a mark, may request legal counsel.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0550 - Standards for the Approval of Hospitals Detaining Persons in Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approved
			 hospitals. Only hospitals approved by the Division under this rule may detain a
			 person pending transport pursuant to the provisions of ORS
			 426.231. A hospital approved
			 under this rule may transport the person only to a hospital or nonhospital
			 facility approved under OAR
			 309-033-0530. Hospitals approved
			 under OAR 309-033-0530 are also approved
			 under this rule to detain a person pending transport and may transport a person
			 to another hospital or nonhospital facility approved under OAR
			 309-033-0530.
(2) Application for approval. Approval of
			 hospitals shall be accomplished by submission of a letter of application in
			 accordance with administrative rules on letters of approval. If approved, a
			 certificate of approval will be issued to the hospital to provide such
			 services. This approval shall be renewed on a biennial basis subject to the
			 application of the hospital or review by the Division.
(3) Requirements for approval. The director
			 in the county in which the hospital is located shall submit a letter of
			 recommendation for approval on behalf of the hospital. The letter of
			 recommendation shall clearly state that the director and the hospital have a
			 written agreement which includes the following:
(a) The procedures to be followed when a
			 person is detained or transported to another hospital or nonhospital facility,
			 with the parties responsible for performing the procedures clearly identified.
			 The procedures shall state whether the hospital is required to give notice to
			 the director prior to the release of the person;
(b) The party or parties responsible for
			 transporting the person to another hospital or nonhospital facility and the
			 means through which such transportation is initiated and authorized;
(c) The services to be provided by the
			 hospital when a person is detained and transported to another hospital or
			 nonhospital facility, and the payment the hospital is to receive for these
			 services;
(d) The hospital shall
			 have a room which meets OAR
			 309-033-0720 or shall provide an
			 attendant to provide continuous face-to-face monitoring of the
			 person.