reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0475 - Nonrenewal, Suspension, and Revocation of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Immediate revocation or suspension of a
			 certificate may occur when:
(a) The Division
			 finds there is substantial failure to comply with applicable statutes,
			 administrative rules, service delivery rules, or other applicable regulations,
			 such that the Division finds there is a serious danger to the public health or
			 safety;
(b) The ADSS demonstrates
			 substantial failure to comply with these administrative rules and other
			 applicable regulations such that the health or safety of individuals is
			 jeopardized to the degree that immediate cessation of services by the ADSS is
			 considered necessary to prevent harm to the individual.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0476 - Informal Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 ten calendar days of the Division issuance of an Order of Suspension, a notice
			 of intent to revoke or notice of intent to nonrenew (refusal to renew) the
			 certificate to an applicant or ADSS, the Division shall offer the applicant or
			 ADSS an opportunity for an informal conference. The applicant or ADSS shall
			 make its request for an informal conference in writing within seven days of the
			 issuance of notice. Upon receipt of a timely written request, the Division
			 shall select a location and time for such a conference, provided that the
			 conference occurs within 14 days of the Division's receipt of the request.
(2) Following the conference, the
			 Division may:
(a) Approve the application or
			 renewal or initiate the process of imposing conditions to certification as
			 described and allowed by these rules as an alternative to denying or revoking
			 certification;
(b) Continue to
			 proceed with action on the ADSS' certificate up to and including suspension,
			 revocation, or refusal to renew the certificate; or
(c) Withdraw or amend the order of
			 suspension, notice of intent to revoke, or notice of intent to nonrenew the
			 certificate.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0477 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant or
			 ADSS who is issued a notice of intent to revoke, suspend, or refuse to renew
			 its certificate under these rules shall be entitled to request a hearing in
			 accordance with ORS Chapter 183.
(2) When the Division orders the imposition
			 of a condition or orders immediate suspension of a certificate under the
			 provisions of this rule, the ADSS shall be entitled to request a
			 hearing.
Statutory/Other Authority: 413.042 & 430.256
Statutes/Other Implemented: 430.256
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0478 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any individual
			 may file a complaint with the Division concerning an ADSS holding a
			 certificate. The Division may require the complainant to exhaust grievance
			 procedures available through the ADSS prior to initiating an investigation.
(2) The Division shall only
			 investigate a complaint concerning an ADSS falling within the Division's scope
			 and regulatory authority:
(a) The Division
			 shall investigate and respond to a complaint pursuant to Division policies and
			 procedures;
(b) The Division shall
			 refer the complainant to the appropriate entity if the complaint pertains to an
			 ADSS falling outside the Division's scope or regulatory authority or otherwise
			 regulated by another state or local entity.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0479 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All ADSS must
			 develop and implement written personnel policies and specific procedures
			 compliant with these rules including:
(a)
			 Mandatory abuse reporting compliant with ORS
			 430.735 - 430.768 and OAR 943-045-0250  through 943-045-0370;
(b) Criminal Records Checks compliant with
			 ORS
			 181.533 through
			 181.575 and 943-007-0001  through 0501; and
(c) Drug-Free Workplace Act compliant with  45
			 CFR Part 76.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0480

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0481 - Individual Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 all applicable statutory and constitutional rights, every individual receiving
			 services has the right to:
(a) Choose from
			 available services and supports that are culturally competent, provided in the
			 most integrated setting in the community and under conditions that are least
			 restrictive to the individual's liberty, that are least intrusive to the
			 individual, and that provide for the greatest degree of independence;
(b) Be referred to a Division
			 approved DUII services provider of the individual's choice and be free from
			 undue influence or coercion when choosing a provider.
(c) Have the role of the court, DUII services
			 provider, and ADSS monitoring process explained where the DUII system is
			 concerned;
(d) Be treated with
			 dignity and respect;
(e)
			 Confidentiality and the right to consent to disclosure in accordance with ORS
			 107.154,
			 179.505,
			 179.507,
			 192.515,
			 192.507, 42 CFR Part 2 and  45 CFR Part 205.50 ;
(f) Inspect their service record in
			 accordance with ORS
			 179.505;
(g) Refuse participation in
			 experimentation;
(h) Receive prior
			 notice of transfer, unless the circumstances necessitating transfer pose a
			 threat to health and safety;
(i)
			 Be free from abuse or neglect and to report any incident of abuse or neglect
			 without being subject to retaliation;
(j) Have religious freedom;
(k) Be free from seclusion and restraint;
(l) Be informed at the start of
			 services of the rights guaranteed by this rule;
(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 and guardian involvement in
			 service planning and delivery;
(o)
			 File grievances, including appealing decisions resulting from the grievance;
(p) Exercise all rights set forth
			 in ORS
			 109.610 through
			 109.697 if the individual is a child, as defined by these rules;
(q) Exercise all rights set forth in ORS
			 426.385 if the individual is committed to the Authority; and
(r) Exercise all rights described in this
			 rule without any form of reprisal or punishment.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0485 - Screening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The ADSS shall
			 perform a screening interview using documents and procedures designated by the
			 Division for individuals under a DUII Diversion Agreement or convicted of a
			 DUII within the preceding 15 years to determine whether to recommend an
			 individual to a DUII education program or a DUII rehabilitation program.
(2) The ADSS must utilize a
			 screening procedure that at a minimum shall ensure the provision and
			 documentation of the following:
(a)
			 Individuals must be considered for entry without regard to race, ethnicity,
			 gender, gender identity, gender expression, sexual orientation, religion,
			 creed, national origin, age (except when program eligibility is restricted to
			 children, adults, or older adults), familial status, marital status, source of
			 income, and disability;
(b)
			 Individuals must receive services in the most timely manner feasible consistent
			 with the presenting circumstances;
(c) Development and maintenance of adequate
			 records and other documentation for each individual served that demonstrates
			 the specific services for which payment has been requested, including
			 documentation of a suicide risk assessment and appropriate referral;
(d) An authorization for the release of
			 information obtained for any confidential information concerning the individual
			 being considered for or receiving services in accordance with ORS
			 179.505,
			 Federal Confidentiality Regulations (42 CFR, Part 2), and HIPAA; and
(e) Reasonable effort is made to attain
			 appropriate collateral information including but not limited to the
			 individual's DUII arrest record.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0490 - Referrals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 completion of a screening interview, the ADSS shall initiate a referral to the
			 Division approved DUII services provider of the individual's choice using forms
			 and procedures designated by the Division.
(2) The ADSS shall provide the individual
			 with a list of all Division approved DUII services providers:
(a) Within the geographic area preferred by
			 the individual; and
(b) In any
			 other geographic area capable of responding to a specific need including but
			 not limited to:
(A) Ability to pay or seek
			 reimbursement through insurance;
(B) Primary language;
(C) Culturally-specific services;
			 or
(D) Hours of operation.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0500 - Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual
			 may request a transfer to a different Division approved DUII services provider
			 by submitting a request in writing to the ADSS.
(2) The ADSS shall initiate a referral to the
			 requested Division approved DUII services provider as described in OAR
			 415-054-0490(3)  within five calendar days from the receipt of the individual's
			 written request.
(3) The ADSS may
			 not deny a transfer request to any Division approved DUII services provider
			 except in cases where the referral would constitute an imminent health or
			 safety risk to the individual. Denials shall be clearly documented in the
			 individual record and include the reason for the denial including the specific
			 health or safety risk posed.
(4)
			 Within three calendar days of a denial being made, the ADSS shall report to the
			 Division using Division approved forms and procedures.
Statutory/Other Authority: ORS
				  430.256  & 413.042
Statutes/Other Implemented: ORS
				  430.256
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0510 - Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The ADSS shall
			 monitor the progress of individuals under a DUII Diversion Agreement or
			 convicted of a DUII by documenting:
(a)
			 Enrollment or failure to enroll in the DUII services program; and
(b) Successful completion of the DUII
			 services program.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0520 - Individual Records and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual record shall be maintained for each individual who receives ADSS
			 services. The record shall contain at a minimum:
(a) Screening information;
(b) Documentation of referrals, re-referrals,
			 or transfers to DUII services programs;
(c) Legal documents and other collateral
			 information received;
(d)
			 Documentation of successful completion or failure to complete the DUII services
			 programs referred to; and
(e)
			 Documentation of each contact with or related to the individual.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0530 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ADSS
			 shall report to the adjudicating court the individual's successful completion
			 or failure to complete all or any part of the DUII services program determined
			 by the screening interview within 14 calendar days of receipt of notification
			 from the DUII services provider unless an alternate reporting schedule is
			 agreed to in writing between the ADSS and the designating court.
(2) The form of the report shall be
			 determined by agreement between the court and ADSS.
(3) For individuals enrolled in a DUII
			 education or DUII rehabilitation program, the ADSS shall notify the DUII
			 services provider within 72 hours of receipt of a negative report from the
			 individual's Ignition Interlock Device installer.
(4) ADSS shall submit monthly screening
			 reports no later than the 10th of each month using forms and procedures
			 designated by the Division.
Statutory/Other Authority: ORS
				  430.256  & 413.042
Statutes/Other Implemented: ORS
				  430.256
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0535 - Variance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant or
			 ADSS may request a variance to these rules, applicable service delivery rules,
			 or other applicable regulations.
(2) The applicant or ADSS must submit the
			 variance request directly to the Division along with relevant application
			 documents submitted to the Division. The variance request must include:
(a) A description and applicable details of
			 the variance requested, including the applicable section of the rule for which
			 the variance is sought;
(b) The
			 rationale and necessity for the requested variance;
(c) The alternative practice proposed, where
			 relevant; and
(d) The proposed
			 duration of the variance, including a plan and timetable for compliance with
			 the rule exempted or adjusted by the variance.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0540

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0545 - Sole Service Provider Designation Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A single agency or organization with a
			 valid letter of approval as a Division approved DUII services provider may
			 request designation as a sole service provider if it is able to demonstrate
			 that:
(a) It is the only Division approved
			 DUII services provider in the county;
(b) ADSS records are kept separate from
			 clinical records;
(c) The
			 individual providing ADSS services maintains a valid certificate from the
			 Division; and
(d) The individual
			 providing ADSS services does not provide DUII education or rehabilitation
			 services.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0546 - Revocation or Denial of Approval of Sole Service Provider Designation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approval of a
			 request for designation as a sole service provider is at the Chief Officer's
			 discretion.
(2) The Chief Officer
			 may deny, revoke, or refuse to renew designation for any of the reasons set
			 forth in OAR 415-054-0475  or due to a finding that the county has more than one
			 Division approved DUII services provider.
Statutory/Other Authority: 413.042 & 430.256
Statutes/Other Implemented: 430.256
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0550 - Demonstration Project Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only an ADSS with a valid certificate and
			 a single agency or organization with a valid letter of approval to provide
			 treatment services may be approved as a demonstration project.
(2) Requests for designation under these
			 rules must be submitted in writing using Division approved forms and
			 procedures.
(3) Requests must also
			 include:
(a) Letters of endorsement from
			 courts and other relevant persons or agencies;
(b) Written assurances of participation by
			 each proposed participant;
(c)
			 Recommendation from:
(A) The Community Mental
			 Health Program director of the proposed geographic area;
(B) The Local Alcohol and Drug Planning
			 Committee; and
(d) Any
			 additional information requested by the Division.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0560 - Demonstration Project General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The approved demonstration project must
			 comply with all applicable ADSS, DUII education and DUII rehabilitation, and
			 recommendations for restricted license requirements.
(2) The effectiveness of the approved
			 demonstration project must be evaluated as agreed upon between the applicant
			 and the Division.
(3) Results of
			 the program evaluation must be submitted to the Division within timelines
			 approved by the Chief Officer.
Statutory/Other Authority: 430.256 & 413.042
Statutes/Other Implemented: 430.256
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0570 - Revocation or Denial of Approval for Demonstration Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approval of an
			 application for a demonstration project is at the Chief Officer's discretion.
(2) The Chief Officer may deny,
			 revoke, or refuse to renew approval for any of the reasons detailed in OAR
			 chapter 415, division 054 or due to a finding that the demonstration project is
			 not resolving the problems explained in the original application.
(3) The Chief Officer may refuse to renew
			 approval if the program evaluation required under these rules fails to
			 demonstrate the effectiveness of combining the diagnostic assessment and the
			 treatment functions within a single agency or organization.
(4) When a request for approval to operate a
			 demonstration project is denied, a current approval is suspended or revoked, or
			 renewal is denied, notice of the action shall be sent by certified mail and
			 shall include information about contested case hearings.
Statutory/Other Authority: 430.256 & 413.042
Statutes/Other Implemented: ORS
				  430.256
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 54 - DUII ALCOHOL/OTHER DRUG INFORMATION AND DUII ALCOHOL/OTHER DRUG REHABILITATION PROGRAMS; ALCOHOL AND DRUG EVALUATION AND SCREENING SPECIALIST › Section 415-054-0580

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 55 - RECOMMENDATIONS FOR RESTRICTED LICENSE FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS AND OTHER RELATED SUSPENSIONS AND/OR REVOCATIONS › Section 415-055-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  409.410 &
				  409.420
Stats. Implemented: ORS
				  813.500,
				  813.510 &
				  813.520
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 56 - SUBSTANCE ABUSE AND PROBLEM GAMBLING PREVENTION PROGRAMS › Section 415-056-0030 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe standards and procedures for substance
				abuse providers approved by the Division. These rules establish standards for
				community substance abuse prevention and provide that a full continuum of
				services be available to Oregonians either directly or through written
				agreements or contracts.
Statutory/Other Authority: ORS
				  430.256  & 413.042
Statutes/Other Implemented: ORS
				  430.256  - 430.415
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 56 - SUBSTANCE ABUSE AND PROBLEM GAMBLING PREVENTION PROGRAMS › Section 415-056-0035 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Approval"
			 means the Letter of Approval issued by the Division to indicate that the
			 substance abuse prevention program has been found in compliance with all
			 relevant federal and Oregon laws and Oregon Administrative Rules.
(2) "Community Mental Health Program (CMHP)"
			 means the entity responsible for planning and delivery of services for
			 individuals with substance use disorders or a mental health diagnosis, operated
			 in a specific geographic area of the state under an intergovernmental agreement
			 or direct contract with the Division.
(3) "Coordinator" means the designated county
			 or tribal program coordinator hired to oversee prevention services.
(4) "Cultural Competence" means the process
			 by which individuals and systems respond respectfully and effectively to people
			 of all cultures, languages, classes, races, ethnic backgrounds, disabilities,
			 religions, genders, sexual orientation, and other diversity factors in a manner
			 that recognizes, affirms, and values the worth of individuals, families, and
			 communities and protects and preserves the dignity of each.
(5) "Director" means the Division Director or
			 designee.
(6) "Division" means
			 Division of the Oregon Health Authority.
(7) "Evidenced-Based Practices" (EBP) means
			 practices for which there is consistent scientific evidence that produce
			 positive outcomes. An EBP must meet the criteria set forth by the
			 Division.
(8) "Gender-Specific
			 Services" means services that comprehensively address the needs of a gender
			 group and foster positive gender identity development.
(9) "Letter of Approval" means the "Approval"
			 as defined in OAR 415-056-0035.
(10) "Institute of Medicine Model" means the
			 framework that defines the target groups and activities addressed by various
			 prevention efforts and includes the following:
(a) Promotion: Strategies that typically
			 address the entire population. Strategies are aimed to enhance individuals'
			 ability to achieve developmentally appropriate tasks (competence) and a
			 positive sense of self-esteem, mastery, well-being, and social inclusion and
			 strengthen their ability to cope with adversity;
(b) Universal Prevention: Universal
			 strategies address the entire population with messages and programs aimed at
			 preventing or delaying the substance abuse.
(c) Selective Prevention: Selective
			 prevention strategies target subsets of the total population that are deemed to
			 be at-risk for substance abuse by virtue of the membership in a particular
			 population segment; and
(d)
			 Indicated Prevention: Indicated prevention strategies are designed to prevent
			 the onset of substance abuse in individuals who do not meet criteria for
			 addiction but who are showing early danger signs.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 56 - SUBSTANCE ABUSE AND PROBLEM GAMBLING PREVENTION PROGRAMS › Section 415-056-0040 - Administrative Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 prevention provider that contracts directly or indirectly with the Division
			 must comply with all related administrative rules.
(2) Subcontracted agencies must be
			 administered by staff in accordance with standards set forth in OAR
			 309-014-0000  through 0025 and OAR 309-014-0030(3)  through 0040.
(3) A fee schedule may be established that
			 approximates actual cost of service delivery. The fee schedule must assess the
			 cost to the participant for the service in accordance with the participant's
			 ability to pay.
(4) A prevention
			 provider must establish comprehensive written policies and procedures that
			 describe program operations and compliance with these rules and shall at
			 minimum address the following:
(a) A mission,
			 vision, and values statement;
(b)
			 An organizational management chart;
(c) The prevention framework that guides the
			 program's prevention efforts;
(d)
			 An anti-discrimination policy;
(e)
			 A cultural competency plan;
(f)
			 Gender specific services;
(g) The
			 use of substances by program participants and staff during program
			 activities;
(h) The protection and
			 safety of service recipients; and
(i) A process for referring individuals who
			 are not appropriate for prevention services to more applicable resources such
			 as emergency and crisis services, detoxification, mental health treatment, and
			 other services within the continuum of care.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 56 - SUBSTANCE ABUSE AND PROBLEM GAMBLING PREVENTION PROGRAMS › Section 415-056-0045 - Staff Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 substance abuse prevention program must be administered by staff in accordance
			 with standards set forth in these rules.
(2) The coordinator is qualified by virtue of
			 knowledge, training, experience, and skills. The coordinator must be certified
			 by the Addiction Counselor Certification Board of Oregon (ACCBO) as a Certified
			 Prevention Specialist (CPS) or must acquire certification within two years from
			 the date of hire.
(3) The
			 coordinator shall be employed greater than .50 FTE to carry out their
			 responsibilities.
(4) Roles and
			 authorities of the coordinator include:
(a)
			 Development, monitoring, and oversight of the Prevention Implementation Plan,
			 which shall be in compliance with the requirements set forth by the
			 Division;
(b) Implementation of the
			 defined strategies;
(c) Management
			 of the program staff;
(d)
			 Administration of funds;
(e)
			 Accountability for the oversight and quality of prevention services;
			 and
(f) Supervision of other staff
			 related to their skill level with the goal of achieving the objectives of the
			 prevention program and assisting staff to increase their knowledge, skills, and
			 abilities.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 56 - SUBSTANCE ABUSE AND PROBLEM GAMBLING PREVENTION PROGRAMS › Section 415-056-0050 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
Requirements and standards for requesting and granting
				variances or exceptions are found in OAR 415-012-0090.
Stat. Auth.: ORS
				  409.410 &
				  413.042
Stats. Implemented: ORS
				  430.240 -
				  430.415
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe standards for the development and
				operation of adult prison-based Alcohol and other drugs Treatment Programs for
				the Department of Corrections (DOC) approved by the Addictions and Mental
				Health Division.
Stat. Auth.: ORS
				  413.042,
				  409.410 & ORS
				  409.420
Stats. Implemented: ORS
				  430.240 -
				  430.640,
				  430.850 -
				  430.955,
				  813.010 -
				  813.052 &
				  813.200 -
				  813.270
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0020 - Program Approval and Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to receive a Letter of Approval
			 or license from the Division, a program will meet the standards of OAR
			 415-012-0000  to 415-012-0090  and any other administrative rules applicable to
			 the program.
(2) Requirements and
			 standards for requesting and granting variances or exceptions to these rules
			 for programs are found in OAR 415-012-0090.
(3) The denial, revocation, or suspension of
			 a letter of approval or license for the program may be based on any of the
			 grounds set forth in OAR 415-012-0060.
(4) In addition to the grounds set forth in
			 OAR 415-012-0060, the Assistant Director may deny, revoke, refuse to renew, or
			 suspend a letter of approval or license when he or she determines that the
			 issuance or continuation of the letter of approval or license would be
			 inconsistent with the public interest. In determining the public interest, the
			 assistant Director will consider the following factors, or any one of them,
			 which apply to the applicant, licensee, or any person holding a 5 percent or
			 greater financial interest in the program or which apply to the medical
			 director, program manager, clinical supervisor, or program staff:
(a) Any convictions under any federal or
			 state law relating to any controlled substance or related to such person's
			 involvement in the administration of a state-or federally-funded public
			 assistance or treatment program;
(b) Furnishing of false or fraudulent
			 material in any application for a letter of approval; or
(c) Any other factors relevant to, and
			 consistent with, the public health or safety.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0030 - Administrative Requirements for Treatment Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program will implement written
			 policies and procedures to ensure compliance with these administrative rules,
			 including program operations, quality assurance and reporting procedures. The
			 policies and procedures will describe how the program will deliver treatment
			 that ensures desired outcomes. The Quality Assurance Plan must:
(a) Include a measurement of the proportion
			 of full-time equivalent program staff who are licensed and or certified as
			 defined in this rule;
(b) Have and
			 follow a supervision plan for program staff; and
(c) Have an audit process that includes:
(A) Monitoring treatment groups and program
			 activities to evaluate fidelity and effectiveness;
(B) Reviewing clinical charts to ensure
			 permanent records are accurate, legible and meet documentation requirements set
			 forth in these rules;
(C) Providing
			 a formal mechanism for clients to give input into the delivery of treatment
			 services and program structure that at a minimum includes client satisfaction
			 surveys; and
(D) Providing a
			 written policy and procedure for reporting unusual incidents to the designated
			 DOC administrator and AMH that includes a detailed description of the event,
			 the persons involved and the final resolution of the incident.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0040 - Client Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Participation
			 in the program will be voluntary. Clients will have their rights,
			 responsibilities, and services explained, including expected outcomes and
			 possible risks. The program will document informed consent in writing, assure
			 the document is signed and dated by the client, and placed in the permanent
			 client record prior to the start of services.
(2) The client will have the right to refuse
			 services, including any specific procedure. Any consequence that may result
			 from refusing the service, such as termination from the program or referral to
			 a person having supervisory authority over the client, will be explained
			 verbally and in writing to the client. The document will be signed and dated by
			 both the client and the program representative, and placed in the client's
			 permanent record.
(3) No person
			 will be denied services or discriminated against on the basis of age,
			 ethnicity, gender identity, sexual orientation, religion, disability or
			 diagnostic category unless restricted by predetermined program
			 criteria.
(4) Each client will be
			 assured civil rights as defined by laws that govern DOC and be assured the same
			 human rights as other persons. The program will develop, implement and inform
			 clients of written policies and procedures which protect clients' rights,
			 including:
(a) Protecting client's privacy
			 and dignity;
(b) Assuring
			 confidentiality of records consistent with federal and state laws;
(c) Prohibiting physical punishment or
			 physical abuse;
(d) Protecting
			 clients from sexual activity, sexual assault, sexual coercion, sexual
			 solicitation and sexual harassment; and
(e) Providing adequate treatment or
			 care.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0050 - Admission Policies and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program will have a written policy
			 and procedure that describes criteria to admit clients to the program. The
			 policy and procedure will be made available to clients, program staff, and the
			 community. The written procedure will include:
(a) Criteria for accepting or refusing
			 admission based on the DOC individual Oregon Corrections Plan and DSM-IV
			 criteria;
(b) Documentation that
			 all admissions have been found appropriate for services according to the DOC
			 individual Oregon Corrections Plan and DSM-IV criteria; and
(c) Guidelines for making referrals for
			 individuals not admitted to the program.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0060 - Comprehensive Diagnostic Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written Procedure: The program will
			 develop and implement a written procedure for assessing each client's treatment
			 needs that includes collection and assessing data obtained through interview,
			 observation, testing, and review of previous treatment or other written
			 records.
(2) Assessment: The
			 diagnostic assessment will be documented in the permanent client record. The
			 assessment will include:
(a) Clinical
			 formulation of presenting problems; the six dimensions of the ASAM PPC 2-R;
			 important biological, psychological and social factors; medical and trauma
			 history; clinical events and course of substance use or mental illness
			 including onset, duration and severity of presenting concerns; consumer or
			 family expectations for recovery; justification for treatment services and
			 prognosis; current medication regime; and data to support a DSM Five-axis
			 Diagnosis;
(b) A Criminal Risk
			 Factor Assessment and the individual Oregon Corrections Plan;
(c) Documentation of the client's
			 self-identified cultural background, including level of acculturation,
			 knowledge of own culture, primary language, spiritual or religious interests,
			 and cultural attitude about Alcohol and Other Drugs use;
(d) The date of the assessment;
(e) The signature, signature date, and
			 credentials of the program staff member completing the assessment;
			 and
(f) If Alcohol and Other Drugs
			 treatment is not appropriate or contraindicated, include a written statement
			 justifying the determination.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0070 - Treatment Planning and Documentation of Treatment Progress

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individualized treatment plan will be developed and placed in the client record
			 no later than 14 days from placement in the program. The treatment plan will
			 include:
(a) The primary client-centered
			 problems and strengths as determined by the client, the DOC individual Oregon
			 Corrections Plan and the comprehensive diagnostic assessment;
(b) Individualized treatment objectives that
			 were developed in collaboration with the client;
(c) Applicable service and support delivery
			 details including frequency and duration of each service;
(d) Documentation of participation of any
			 supportive person involved in the development of the treatment plan or client's
			 refusal to include any supportive person;
(e) The date and signature of the client;
			 and
(f) The signature of the
			 program staff with credentials and date of the signature.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0080 - Continuing Care Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Continuing care planning will begin no less than 45 days prior to the client's
			 anticipated discharge from the program. Continuing care planning will include:
(a) At least one continuing care staffing, in
			 person or by telephone, between the client, treatment program representatives,
			 DOC institution transition representatives, a post-prison community corrections
			 representative, community-based continuing care representatives, and any
			 supportive person (s);
(b)
			 Referrals to continuing care community-based Alcohol and Other Drugs and mental
			 health treatment providers; and
(c)
			 Documentation that contact was made with the community continuing care services
			 provider to schedule an appointment within seven days of the client's
			 anticipated release from the program.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0090 - Treatment Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program
			 will provide to each client clinically appropriate services based on best
			 practices for prison-based Alcohol and Other Drugs programs that facilitate
			 desired service outcomes as identified by the individual, and family, when
			 applicable, and address the objectives identified in the treatment
			 plan.
(2) Treatment services
			 provided for clients in prison-based Alcohol and Other Drugs treatment programs
			 will be evidence-based and at a minimum include:
(a) Cognitive behavioral
			 interventions;
(b) Motivational
			 interventions;
(c) Relapse
			 prevention;
(d) Gender specific
			 services;
(e) Cultural
			 relevance;
(f) Healthy relationship
			 education related to parenting, family, significant others, employers, and the
			 community;
(g) Services that
			 address special needs such as trauma, domestic violence, sexual or physical
			 abuse, and self sufficiency; and
(h) Therapeutic community model for
			 residential programs.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0100 - Clinical Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
Persons providing services to program clients in accordance
				with this rule will receive supervision by a qualified Clinical Supervisor, as
				defined in these rules, related to the development, implementation and outcome
				of services.
(1) The objective of
			 clinical supervision is to assist staff, interns, students and volunteers to
			 increase their skills, improve quality of services to individuals, and
			 supervise program staff, interns, students and volunteers' compliance with
			 program policies and procedures.
(2) Clinical Supervision will be specified
			 through a current written agreement, job description, or similar type of
			 binding arrangement between the Clinical Supervisor and the program staff,
			 intern, student or volunteer which describes the Clinical Supervisor's
			 oversight responsibility, including documentation of supervision no less than
			 two hours per month. The two hours will include one hour of face-to-face
			 contact for each person supervised, or a proportional level of supervision for
			 part-time staff.
Stat. Auth.: ORS
				  413.042,
				  409.410 &
				  409.420
Stats. Implemented: ORS
				  430.240 -
				  430.640,
				  430.850 -
				  430.955,
				  813.010 -
				  813.052 &
				  813.200 -
				  813.270
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0110 - Program Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) Program staff will at the time of
			 hire:
(b) Have documented
			 competence in the following essential job functions in an Alcohol and Other
			 Drugs program including:
(A) Conducting
			 comprehensive diagnostic Alcohol and Other Drugs assessment, developing
			 treatment plans, providing care coordination, providing individual and group
			 counseling, and following documentation policy and procedures set forth in
			 these rules; and
(B) Except as
			 provided in section (4) of this rule, hold a current certification or license
			 in Alcohol and Other Drugs counseling or hold a current license as a health or
			 allied provider issued by a state licensing body.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0120 - Clinical Supervisor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 program will have an identified clinical supervisor who has:
(a) A Bachelor's degree in social services
			 and four years of paid full-time experience in direct Alcohol and Other Drugs
			 counseling; or
(b) A Master's
			 degree in social services and two years of paid full-time experience in direct
			 Alcohol and Other Drugs counseling; or
(c) Holds a current certification or license
			 in Alcohol and Other Drugs counseling; or
(d) Holds a current license as a health or
			 allied provider issued by a state licensing body; and
(e) Has documented training or education in
			 evidence-based treatment interventions for clients with criminal
			 behavior.
Oregon Administrative Rules › Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES › Division 57 - STANDARDS FOR DEPARTMENT OF CORRECTIONS PRISON-BASED ALCOHOL AND OTHER DRUGS TREATMENT PROGRAMS › Section 415-057-0130 - Program Manager

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The program
			 will have a program manager who:
(a) Oversees
			 the day to day program operations;
(b) Is responsible for compliance with the
			 requirements of these rules; and
(c) Is located at the site specific to the
			 letter of approval or license.