reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0560

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 309-033-0600 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These rules prescribe standards
			 and procedures for community hospitals, nonhospital facilities and residential
			 facilities relating to obtaining informed consent to treatment from a person
			 under civil commitment, and for the administration of significant procedures
			 without obtaining the informed consent of a person under civil
			 commitment.
(2) Statutory
			 authority. These rules are authorized by ORS
			 426.385 and carry out the
			 provisions of 426.005 through 426.395.
Statutory/Other Authority: ORS
				  413.042 &
				  426.385
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 309-033-0610

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042 &
				  426.385
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 309-033-0620 - Obtaining Informed Consent to Treatment from a Person and the Administration of Significant Procedures Without the Informed Consent of a Person under Civil Commitment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basic
			 rule for obtaining informed consent to treatment from a person. A person or a
			 guardian, on behalf of a legally incapacitated person, may refuse any
			 significant procedure and may withdraw at any time consent previously given to
			 any significant procedure.
(2)
			 Documentation of withdrawal of consent. Any refusal or withdrawal or
			 withholding of consent shall be documented in the person's record.
(3) Exceptions to obtaining informed consent
			 from a person. Personnel of a facility shall not administer a significant
			 procedure to a person under civil commitment unless informed consent is
			 obtained from or on behalf of the person in the manner prescribed in OAR
			 309-033-0620, except as
			 described in OAR 309-033-0630 and OAR
			 309-033-0630.
(4) Capacity of the person under civil
			 commitment. Unless adjudicated legally incapacitated for all purposes or for
			 the specific purpose of making treatment decisions, a person shall be presumed
			 competent to consent to, or refuse, withhold, or withdraw consent to
			 significant procedures.
(a) A Licensed
			 Independent Practitioner (LIP) shall deem a person unable to consent to or
			 refuse, withhold, or withdraw consent to a significant procedure only if the
			 person currently demonstrates an inability to comprehend and weigh the risks
			 and benefits of the proposed procedure, alternative procedures, or no treatment
			 at all or other information disclosed pursuant to OAR 309-032-0620. Such
			 inability is to be documented in the person's record and supported by
			 documented statement or behavior of the person.
(b) A person under civil commitment and court
			 ordered to the custody of the Division shall not be deemed unable to consent to
			 or refuse, withhold, or withdraw consent to a significant procedure merely by
			 reason of one or more of the following facts:
(A) That the person has been involuntarily
			 placed under civil commitment to the Division;
(B) That the person has been diagnosed with a
			 mental disorder;
(C) That the
			 person has disagreed or now disagrees with the treating LIP's diagnosis;
			 and
(D) That the person has
			 disagreed or now disagrees with the treating LIP's recommendation regarding
			 treatment.
(c) If a
			 court has determined that a person under civil commitment is legally
			 incapacitated with regard to medical treatment decisions, then consent shall be
			 sought from the legal guardian or healthcare representative as defined by ORS
			 127.505.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0625 - Administration of Medication and Treatment without the Informed Consent of a Person in Custody

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hospitals or
			 Nonhospital Facilities Authorized. Only a Licensed Independent Practitioner
			 (LIP) at a hospital or nonhospital facility approved under OAR
			 309-033-0500 through
			 309-033-0560 may administer
			 medication and treatment without the informed consent of a person in
			 custody.
(2) Grounds for the
			 administration of medication and treatment without informed consent. As
			 provided by ORS 426.072(2)(c),
			 a LIP shall administer medication and treatment to a person in custody without
			 obtaining prior informed consent, only in the following circumstances:
(a) If an emergency exists as described in
			 OAR 309-033-0210; or
(b) If the LIP, in consultation with another
			 LIP or qualified mental health professional, the person is unable to give
			 informed consent as described in OAR
			 309-033-0620.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0630 - Administration of Significant Procedures in Emergencies Without the Informed Consent of a Person under Civil Commitment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hospitals or nonhospital facilities
			 authorized. The following facilities that serve persons under civil commitment
			 and which administer significant procedures in emergencies, without obtaining
			 informed consent, shall be subject to the provisions of
			 309-033-0630:
(a) A hospital or nonhospital facility
			 approved under OAR 309-033-0700 through
			 309-033-0740.
(b) A hospital or nonhospital facility
			 approved under OAR 309-033-0530.
(c) Secure residential facilities licensed by
			 the Division or licensed by Aging and People with Disabilities (APD).
(d) Intermediate care facilities or enhanced
			 care facilities licensed by the APD.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0640 - Involuntary Administration of Significant Procedures to a Person under Civil Commitment with Good Cause

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Hospitals or nonhospital facilities authorized. Only the following facilities
			 that serve persons under civil commitment shall involuntarily administer
			 significant procedures with good cause under the provisions of
			 309-033-0640:
(a) A hospital or nonhospital facility
			 approved under OAR 309-033-0700 through
			 309-033-0740;
(b) A hospital or nonhospital facility
			 approved under OAR 309-033-0530;
(c) Secure residential facilities licensed by
			 the Division or licensed by Aging and People with Disabilities (APD).
(d) Intermediate care facilities or enhanced
			 care facilities licensed by APD which have a variance from APD to provide
			 involuntary medication.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0650

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042 &
				  426.385
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 309-033-0700 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 section establishes rules pursuant to ORS
			 426.072,
			 426.236,
			 426.228,
			 426.232,
			 426.233 and
			 426.234,
			 426.385 for certification of
			 hospitals and facilities which provide care, custody, and treatment to persons
			 under civil commitment and to persons in custody or on diversion.
(2) Seclusion or restraint may be used only
			 for the management of violent or self-destructive behavior that jeopardizes the
			 immediate physical safety of the patient, a staff member, or other
			 individuals.
Statutory/Other Authority: ORS
				  413.042,
				  426.236,
				  426.385 &
				  430.021
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 309-033-0710

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  413.042,
				  426.005,
				  426.060,
				  426.110,
				  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 309-033-0720 - Application, Training and Minimum Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only the following facilities shall be
			 certified pursuant to this rule and the procedures found OAR
			 309-008-0100 to
			 309-008-1600 to use seclusion or
			 restraint:
(a) Community hospitals licensed
			 by the Public Health Division;
(b)
			 Regional acute care facilities for adults certified by the Division pursuant to
			 OAR 309-032-0850 through
			 309-032-0890; and
(c) Nonhospital facilities certified by the
			 Division pursuant to OAR
			 309-033-0500 through
			 309-033-0550.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0725 - Medical Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Licensed
			 Independent Practitioner (LIP) must be available 24 hours per day, seven days
			 per week to provide medical supervision of the services provided.
(a) In accordance with state law, those LIPs
			 authorized to order seclusion or restraint pursuant to the facility policy,
			 must at minimum have a working knowledge of the hospital policy regarding the
			 use of seclusion and restraint;
(b)
			 A LIP must examine a person admitted to the facility within 24 hours of the
			 person's admission.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0727 - Structural and Physical Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hospital or other facility which
			 provides care, custody, and treatment for persons with mental illness or
			 persons alleged to have a mental illness have available at least one room which
			 meets the following requirements:
(a) The
			 room must be of adequate size, not isolated from regular staff of the facility,
			 and provided with an adequate locking device on all doors and
			 windows;
(b) The door must open
			 outward and contain a port of shatterproof glass or plastic through which the
			 entire room may be viewed from outside and before entering;
(c) The room shall contain no protruding
			 objects, such as doorknobs, towel or clothes bars, hooks, or racks. There shall
			 be no exposed curtains, drapes, rods, or furniture, except a portable bed which
			 can be removed, if necessary. In case of the removal of the bed frame, a
			 fireproof mattress shall be placed on the floor. Beds which are securely
			 fastened to the floor must have no protrusions such as bed posts or sharp
			 corners;
(d) Any windows shall be
			 made of unbreakable or shatterproof glass, or plastic. Non-shatterproof glass
			 shall be protected by adequate detention type screening, such as Chamberlain
			 Detention Screen;
(e) There shall
			 be no exposed pipes or electrical wiring in the room. Electric outlets shall be
			 permanently capped or covered with a metal shield which opens with a key.
			 Ceiling and wall lights shall be recessed and covered with safety-type glass or
			 unbreakable plastic. Any cover, cap or shield shall be secured by tamper-proof
			 screws or other means approved by the Division;
(f) The room shall contain no combustible
			 material, such as matches, lighters, cigarettes, etc. Smoking shall not be
			 allowed in the room, except under direct supervision of staff;
(g) The room shall meet fire, safety, and
			 health standards. If sprinklers are installed, they shall be recessed and
			 covered with a fine mesh metal screening. If pop-down type, sprinklers must
			 have breakaway strength of under 80 pounds. In lieu of sprinklers, a combined
			 smoke and heat detector shall be used. Documentation of the breakaway strength
			 of sprinklers must be on file at the facility.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0730 - Seclusion and Restraint Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certified facilities shall not use
			 seclusion and restraint except in an emergency and only then subject to the
			 conditions and limitations of these rules.
(2) General procedures:
(a) Only a Licensed Independent Practitioner
			 (LIP), physician assistant, or registered nurse may initiate seclusion or
			 restraint procedures;
(b) Each use
			 of seclusion or restraint shall be monitored and supervised by a LIP or a
			 registered nurse;
(c) A LIP
			 responsible for the patient's care must order the use of seclusion or restraint
			 within one hour of the administration of the procedure. This approval must be
			 documented in the person's medical record. The LIP's order may occur by the
			 following methods:
(A) Verbally, in person or
			 via telephone;
(B) By Electronic
			 Medical Record; or
(C) By a written
			 order.
(d) Within one
			 hour after the initiation of the seclusion or restraint intervention, the
			 patient must be seen face-to-face by a LIP, a registered nurse or physician
			 assistant who has been trained in accordance with these rules;
(e) If the face-to-face evaluation is
			 performed by a registered nurse or physician assistant, the evaluator must
			 consult with the attending LIP as soon as possible following the face-to-face
			 evaluation;
(f) The face-to-face
			 evaluation must include the following:
(A) An
			 evaluation of the patient's immediate situation;
(B) The patient's reaction to the
			 intervention;
(C) The patient's
			 medical and behavioral condition; and
(D) The need to continue or terminate the
			 restraint or seclusion.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0732 - Time Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The maximum
			 time limit for each restraint or seclusion order - before consideration of a
			 renewal, and up to a maximum of 24 hours - is as follows:
(a) 4 hours for adults 18 years of age or
			 older;
(b) 2 hours for children and
			 adolescents 9 to 17 years of age; or
(c) 1 hour for children under 9 years of
			 age.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0733 - Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later than
			 the end of their work shifts, the persons who obtained authorization and
			 carried out the use of restraint shall document in the person's chart including
			 but not necessarily limited to the following:
(a) The specific behavior(s) which required
			 the intervention of seclusion or restraint;
(b) Less restrictive alternatives used before
			 deciding seclusion or restraint was necessary;
(c) The methods of intervention used and the
			 patient's responses to the interventions; and
(d) Findings and recommendations from the
			 face-to-face evaluation discussed in OAR
			 309-033-0730(d) through
			 (f) above.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0735 - Quarterly Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 facility certified under these rules must report to the Division and to the
			 Council within 30 days of each quarter's end, the following information:
(a) The number of seclusion and the number of
			 restraint incidents; and
(b) The
			 number of patient days in the quarter.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0740

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  426.236,
				  426.385
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 309-033-0800

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 &
				  430.041
Stats Implemented: ORS
				  426.241
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0810

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
				  426.241
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0820

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
				  426.241
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0830

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
				  426.241
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0900 - 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 investigation and
			 examination of a person alleged to be a person with mental illness during the
			 involuntary civil commitment process.
(2) Statutory authority. These rules are
			 authorized by ORS 426.005-426.395 and carry out the
			 provisions of 426.005-426.395.
Statutory/Other Authority: ORS
				  413.042 &
				  426.060 -
				  426.500
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 309-033-0910

Current through Register Vol. 63, No. 7, July 1, 2024
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 309-033-0920 - Certification of Mental Health Investigators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Investigation
			 only by a certified investigator. Only a person certified by the Division shall
			 conduct an investigation of a person alleged to be a person with mental illness
			 as required by ORS 426.070(3)(c)
			 and 426.074.
(2) Certification of a mental health
			 investigator. The Division shall certify as a qualified mental health
			 investigator, for three years or until such time as the Division terminates the
			 certificate, any person who meets the following:
(a) Is recommended by a director for
			 certification as a mental health investigator; and
(b) Is a Qualified Mental Health Provider
			 (QMHP), or on January 1, 1988, has been employed by a Community Mental Health
			 Program (CMHP) as an investigator for a minimum of two years; and
(c) Has established individual competence
			 through training provided by the Division and within 6 months of the training
			 has passed an examination conducted by the Division in the following areas:
(A) The role and duties of an investigator
			 and the process of investigation;
(B) Oregon statutes and administrative rules
			 relating to the civil commitment of persons with mental illness;
(C) Establishing probable cause for mental
			 disorder;
(D) The mental status
			 examination; and
(E) The assessment
			 of suicidality, assaultiveness, homicidality and inability to care for basic
			 needs.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0930 - Investigation of Persons Alleged to Have a Mental Illness

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initiation and
			 timelines for investigation. Upon receipt of a Notice of Mental Illness (NMI)
			 the Community Mental Health Program (CMHP) shall conduct an investigation of
			 the person to determine probable cause for mental disorder. The person
			 conducting the investigation shall not be the same as the person filing the
			 NMI.
(a) Investigation of NMIs by two
			 persons, a county health officer, or a magistrate. At a minimum, if the person
			 can be located, the investigator must contact the person by telephone within
			 three judicial days of the receipt of the NMI by the director:
(A) The investigator shall complete an
			 investigation and submit an investigation report to the circuit court within 15
			 days of the director's receipt of the NMI;
(B) The investigator may request an extension
			 from the court if a treatment option less-restrictive than involuntary
			 inpatient commitment is actively being pursued or if the person cannot be
			 located.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0940 - The Investigation Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Evidence
			 required in report. The investigator shall include in a report to the court, if
			 relevant or available, evidence and the source of that evidence in the
			 following areas:
(a) Evidence which describes
			 the present illness and the course of events which led to the filing of the
			 Notice of Mental Illness (NMI) and which occurred during the investigation of
			 the person;
(b) Evidence to support
			 or contradict the allegation that the person has a mental disorder;
(c) Evidence to support or contradict the
			 allegation that the person is a danger to self or others or is unable to
			 provide for basic personal needs and is not receiving such care as is necessary
			 for health and safety.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0950 - Certification of Mental Health Examiners

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Psychiatrists
			 exempt from certification. A psychiatrist may serve as an examiner as provided
			 by ORS 426.110. Division certification
			 is not necessary for psychiatrists serving as mental health
			 examiners.
(2) Qualifications for
			 certification of persons other than psychiatrists. The Division shall certify,
			 as a qualified mental health examiner for three years or until such time as the
			 Division terminates the certificate, a Qualified Mental Health Professional who
			 meets all of the following:
(a) Has at least
			 three years clinical experience in the diagnosis and treatment of adults with
			 severe and persistent mental illness who primarily live with a psychotic
			 disorder;
(b) Presents acceptable
			 written references from two persons who have the above qualifications and can
			 demonstrate direct knowledge of the person's qualifications;
(c) Is recommended by the director to be an
			 examiner in the county; and
(d) Has
			 established individual competence through training provided by the Division in
			 the following areas:
(A) The role and duties
			 of an examiner and the process of examination;
(B) Oregon statutes and administrative rules
			 relating to the civil commitment of persons with mental illness;
(C) Establishing clear and convincing
			 evidence for mental disorder;
(D)
			 The mental status examination; and
(E) The assessment of suicidality,
			 assaultiveness, homicidality and inability to care for basic needs.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0960 - Mental Health Examiner's Report to the Court

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Examiner
			 assessment of evidence. The examiner shall provide in a report to the court the
			 examiner's opinion whether the evidence supports or contradicts:
(a) The allegation that the person has a
			 mental disorder;
(b) The allegation
			 that the person is a danger to self or others, or is unable to provide for
			 basic personal needs and is not receiving such care as is necessary for health
			 and safety; and
(c) That the person
			 would cooperate with and benefit from voluntary treatment.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0970

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  426.060 -
				  426.500
Stats. Implemented: ORS
				  426.005 -
				  426.309
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0100 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 prescribe standards by which the Behavioral Health Division (Division) of the
			 Oregon Health Authority (Authority) licenses community based residential
			 treatment facilities and community based residential treatment homes for adults
			 with mental health disorders. The standards promote optimum health, mental and
			 social well-being, and recovery for adults with mental health disorders through
			 the availability of a wide range of home and community based residential
			 settings and services. They prescribe how services will be provided in safe,
			 secure, and homelike environments that recognize the dignity, individuality,
			 and right to self-determination of each individual.
(a) These rules incorporate and implement the
			 requirements of the U.S. Department of Health and Human Services, Centers for
			 Medicare and Medicaid Services for Home and Community-Based Services (HCBS)
			 authorized under section 1915(i) of the Social Security Act.
(b) These rules establish requirements to
			 ensure individuals receive services in settings that are integrated in and
			 support the same degree of access to the greater community as individuals not
			 receiving HCBS, consistent with the standards set out in OAR chapter 411,
			 division 4.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, the following definitions apply:
(1) "Abuse" includes but is not limited to:
(a) Any death caused by other than accidental
			 or natural means or occurring in unusual circumstances;
(b) Any physical injury caused by other than
			 accidental means or that appears to be at variance with the explanation given
			 of the injury;
(c) Willful
			 infliction of physical pain or injury;
(d) Sexual harassment or exploitation
			 including but not limited to any sexual contact between an employee of a
			 community facility or community program or provider or other caregiver and the
			 adult. For situations other than those involving an employee, provider, or
			 other caregiver and an adult, sexual harassment or exploitation means unwelcome
			 verbal or physical sexual contact including requests for sexual favors and
			 other verbal or physical conduct directed toward the adult;
(e) Neglect that leads to physical harm
			 through withholding of services necessary to maintain health and
			 well-being;
(f) Abuse does not
			 include spiritual treatments by a duly accredited practitioner of a recognized
			 church or religious denomination when voluntarily consented to by the
			 individual.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0110 - Required Home-like Qualities

Current through Register Vol. 63, No. 7, July 1, 2024
This rule becomes effective July 1, 2016, and enforceable
				pursuant to OAR 309-035-0115
				(17).
(1) A program, except for a SRTF, must have
			 all of the following qualities:
(a) The
			 setting is integrated in and supports the individual's same degree of access to
			 the greater community as individuals' not receiving HCBS including
			 opportunities for an individual to:
(A) Seek
			 employment and work in competitive integrated employment settings:
(i) For which an individual is compensated at
			 a rate that:
(l) Is not less than the higher
			 of the rate specified in federal, state, or local minimum wage law;
(ll) Is not less than the customary rate paid
			 by the employer for the same or similar work performed by other employees who
			 are not persons with disabilities and who are similarly situated in similar
			 occupations by the same employer and who have similar training, experience, and
			 skills; or
(lll) In the case of an
			 individual who is self-employed, yields an income that is comparable to the
			 income received by other individuals who are not individuals with disabilities
			 and who are self-employed in similar occupations or on similar tasks and who
			 have similar training, experience, and skills.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0113

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.460 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0115 - Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 shall license a program that meets the definition of a RTF or RTH and
			 demonstrates compliance with these and all applicable laws and rules. No person
			 or governmental unit acting individually or jointly with any other person or
			 governmental unit shall establish, maintain, manage, or operate a program
			 without a license issued by the Division.
(2) When a program serves or seeks to serve
			 another category of individuals in addition to adults with a mental health
			 disorder, the directors of the Authority and the Department shall determine the
			 department responsible for licensure.
(3) An application for a license must be
			 accompanied by the required fee and submitted to the Division using the forms
			 or format required by the Division. The following information must be included
			 in the application:
(a) Full and complete
			 information as to the identity and financial interest of each individual,
			 including stockholders, having a direct or indirect ownership interest of five
			 percent or more in the program and all officers and directors in the case of a
			 program operated or owned by a corporation;
(b) Name and resume of the program
			 administrator;
(c) Physical address
			 of the setting and mailing address;
(d) Maximum number of individuals to be
			 served at any one time, their age range and evacuation capability;
(e) Proposed annual budget identifying
			 sources of revenue and expenses;
(f) Signed criminal record authorizations for
			 all individuals involved in the operation of the program who contacts the
			 individuals, including but not limited to caregivers;
(g) Written background information pertaining
			 to any current or previous licensure or certification by a state agency,
			 including those licenses or certificates granted to a business or person
			 affiliated with the business, including:
(A)
			 Copies of all current licenses or certificates;
(B) Documentation showing the final
			 disposition of any suspension, denial, revocation, or other disciplinary
			 actions initiated on any current or previous license or certificate, including
			 settlement agreements, where applicable; and
(C) Documentation of any substantiated
			 allegations of abuse or neglect pertaining to the applicant or anyone employed
			 by or contracted with the applicant.
(h) A complete set of policies and
			 procedures;
(i) Setting plans and
			 specifications; and
(j) Other
			 information the Division may reasonably require.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0117

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  443.450
Stats. Implemented: ORS
				  443.400 -
				  443.460 &
				  443.991(2)
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0120 - Contracts and Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 provider receiving service payments shall enter into a contract with the local
			 CMHP, statewide coordinated care organizations, the Division, or other
			 Division-approved party. The contract does not guarantee that any number of
			 individuals eligible for Division funded services shall be referred to or
			 maintained in the program.
(2) The
			 provider shall specify in a fee policy and procedure rates for all services and
			 the procedures for collecting payments from individuals and payees. The fee
			 policy and procedures shall describe the schedule of rates, conditions under
			 which rates may be changed, acceptable methods of payment, and the policy on
			 refunds at the time of termination of residency:
(a) For individuals whose services are funded
			 by the Division, reimbursement for services shall be made according to the rate
			 schedule outlined in the contract. Room and board payments for individuals
			 receiving Social Security benefits or public assistance shall be in accordance
			 with rates determined by the Division;
(b) For private paying individuals, the
			 program shall enter into a signed agreement with the individual, and, if
			 applicable, the individual's designated representative. This agreement shall
			 include but is not limited to a description of the services to be provided, the
			 schedule of rates, conditions under which the rates may be changed, and policy
			 on refunds at the time of termination of residency; and
(c) Before increasing rates or modifying
			 payment procedures, the program shall provide a 30-day advance notice of the
			 change to all individuals, representatives, payees, guardians, or
			 conservators.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0125 - Administrative Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provider shall ensure that the program and setting are maintained and operated
			 in compliance with these rules and all other applicable federal, state, and
			 local laws and regulations.
(2)
			 The provider shall employ a program administrator who meets the following
			 qualifications and complies with the following standards:
(a) Background including special training,
			 experience, and other demonstrated ability in providing care and treatment
			 appropriate to the individuals served in the program;
(b) Documented approved criminal record
			 checks processed in compliance with the procedures required by OAR
			 943-007-0001 through 0501 and no
			 history of abusive behavior;
(c)
			 Ensure that the program operates in accordance with the standards outlined in
			 these rules;
(d) Oversee the daily
			 operation and maintenance of the program and shall be available to perform
			 administrative duties at the setting at least 20 hours per week;
(e) Develop and administer written policies
			 and procedures to direct the operation of the program and the provision of
			 services to individuals;
(f)
			 Ensure that qualified program staff are available in accordance with the
			 staffing requirements specified in these rules;
(g) Supervise or provide for the supervision
			 of program staff and others involved in the operation of the program;
(h) Maintain setting, personnel,
			 and individual service records;
(i) Report regularly to the provider on the
			 operation of the program; and
(j)
			 Delegate authority and responsibility for the operation and maintenance of the
			 program to a responsible staff person whenever the program administrator is
			 absent from the setting. This authority and responsibility may not be delegated
			 to an individual.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0130 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Records shall
			 be maintained to document the legal operation of the program, personnel
			 practices, and individual services and supports. All records shall be properly
			 obtained, accurately prepared, safely stored, and readily available or
			 electronically accessible within the setting. All entries in records required
			 by these rules shall be in ink, indelible pencil, or approved electronic
			 equivalent prepared at the time or immediately following the occurrence of the
			 event being recorded; be legible; and be dated and signed by the person making
			 the entry. In the case of electronic records, signatures may be replaced by an
			 approved, uniquely identifiable electronic equivalent.
(2) Records documenting the legal operation
			 of the program shall include but not limited to:
(a) Written approval for occupancy of the
			 setting by the county or city having jurisdiction, any building inspection
			 reports, zoning verifications, fire inspection reports, or other documentation
			 pertaining to the safe and sanitary operation of the program issued during the
			 development or operation of the program;
(b) Application for license, related
			 correspondence, and site inspection reports;
(c) Program operating budget and related
			 financial records;
(d) Payroll
			 records, program staff schedules and time sheets;
(e) Materials safety and data
			 sheets;
(f) Fire drill
			 documentation;
(g) Fire alarm and
			 sprinkler system maintenance and testing records;
(h) Incident reports; and
(i) Policy and procedure manual.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0135 - Staffing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provider shall maintain a written job
			 description for each staff position that specifies the position's
			 qualifications and job duties:
(a) A direct
			 care staff person shall be at least 18 years of age, be capable of implementing
			 the setting's emergency procedures and disaster plan, and be capable of
			 performing other duties of the job as described in the job
			 description;
(b) All program staff
			 having contact with an individual must have a documented approved criminal
			 record clearance in accordance with OAR
			 943-007-0001 through
			 943-007-0501. The provider must
			 maintain documentation of approved criminal records clearance for each
			 applicable staff person;
(c)
			 Program staff who will have contact with individual's must be tested for
			 tuberculosis within two weeks of first employment; additional testing shall
			 take place as deemed necessary; and the employment of program staff who test
			 positive for tuberculosis shall be restricted if necessary; and
(d) All program staff shall meet other
			 qualifications when required by a contract or financing arrangement approved by
			 the Division.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0140 - Setting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provider shall ensure that the setting meets the requirements for approved
			 Group SR or I occupancies in the Building Code and the Fire Code in effect at
			 the time of original licensure. When a change in setting use results in a new
			 building occupancy classification, the program's setting shall meet the
			 requirements for approved Group SR or I occupancies in the Building Code in
			 effect at the time of such change. If occupants are capable of evacuation
			 within three minutes, refer to Group R occupancies.
(2) Programs shall be accessible as follows:
(a) Those settings or portions of settings
			 that are licensed, constructed, or renovated after January 26, 1992, and that
			 are covered multi-family dwellings or public accommodations shall meet the
			 physical accessibility requirements in chapter 11 of the Oregon Structural
			 Specialty Codes. These codes specify requirements for public accommodations as
			 defined in the Americans with Disabilities Act under Title III and for
			 buildings qualifying as multi-family dwellings as defined in the Fair Housing
			 Act as amended in 1988;
(b) In
			 order to ensure program accessibility under Title II of the Americans with
			 Disabilities Act, the Division may require additional accessibility
			 improvements; and
(c) Any
			 accessibility improvements made to accommodate an identified individual shall
			 be in accordance with the specific needs of the individual.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0145 - Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provider
			 shall train all program staff in safety procedures prior to beginning their
			 first regular shift. Every individual must be trained in individual safety
			 procedures as soon as possible within the first 72 hours of residency.
(2) The program shall develop and
			 implement a written procedure and disaster plan authorized by the State Fire
			 Marshal or authorized representative. The plan shall cover such emergencies and
			 disasters as fires, explosions, missing persons, accidents, earthquakes, and
			 floods. The program shall post the plan by the phone and be immediately
			 available to the program administrator and program staff. The plan shall
			 include diagrams of evacuation routes, and these must be posted. The plan shall
			 specify where staff and individuals will reside if the setting becomes
			 uninhabitable. The program shall update the plan and shall include:
(a) Emergency instructions for employees;
(b) The telephone numbers of the
			 local fire department, police department, the poison control center, the
			 administrator, the administrator's designee, and other persons to be contacted
			 in emergencies; and
(c)
			 Instructions for the evacuation of individuals and employees.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 35 - RESIDENTIAL TREATMENT FACILITIES AND RESIDENTIAL TREATMENT HOMES FOR ADULTS WITH MENTAL HEALTH DISORDERS › Section 309-035-0150 - Sanitation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The water
			 supply in the facility shall meet the requirements of the current rules of
			 Oregon Health Services governing domestic water supplies and:
(a) A municipal water supply shall be
			 utilized if available; and
(b) When
			 the facility is not served by an approved municipal water system and the
			 facility qualifies as a public water system according to OAR
			 333-061-0020 (127) Oregon Health
			 Services rules for public water systems, then the provider shall comply with
			 the OAR Chapter 333 rules of the Oregon Health Services pertaining to public
			 water systems. These include requirements that the drinking water be tested for
			 total coliform bacteria at least quarterly and nitrate at least annually and
			 reported to Oregon Health Services. For adverse test results, these rules
			 require that repeat samples and corrective action be taken to assure compliance
			 with water quality standards, public notice be given whenever a violation of
			 the water quality standards occurs, and records of water testing be retained
			 according to the Oregon Health Services requirements.