reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 108 - HANDLING OF PERSONAL PROPERTY OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS › Section 309-108-0015 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All personal
			 property that a patient brings into the hospital at the time of admission must
			 be itemized in writing with an accompanying description, regardless of where or
			 how the item is stored or otherwise disposed.
(2) OSH staff shall encourage and assist
			 patients to mark all personal property in such a way which identifies it as an
			 individual patient's possession.
(3) OSH staff shall consult with OSH's
			 Spiritual Care Department regarding religious items that the patient wants to
			 bring into the hospital upon admission. For safety and security reasons, OSH
			 Security shall review the religious items brought by the patient for
			 contraband.
(4) Patient may request
			 religious items from the OSH Spiritual Care Department, which will accommodate
			 the request unless the item is contrary to their treatment plan, is
			 unavailable, cost prohibitive, constitutes contraband, presents a safety or
			 security risk, or otherwise violates applicable OSH policies or
			 rules.
(5) OSH staff shall consult
			 with OSH Native Services or the OSH Diversity liaison regarding cultural items
			 that the patient wants to bring into the hospital upon admission. For safety
			 and security reasons, OSH Security shall review the cultural items brought by
			 the patient for contraband.
(6)
			 Patient may request cultural items, not constituting contraband, from OSH
			 Native Services or the OSH Diversity liaison, which will accommodate the
			 request unless the item is contrary to their treatment plan, is unavailable,
			 cost prohibitive, constitutes contraband, presents a safety or security risk,
			 or otherwise violates applicable OSH policies or rules.
(7) Any medications brought by the patient at
			 the time of admission should be given to the patient's guardian, legal
			 representative, or family member if possible. If this is not possible, the
			 medication shall be placed in the medical waste barrel for later destruction.
			 Any controlled substances shall be destroyed and logged in the pharmacy
			 record.
(8) If OSH identifies a
			 prohibited item in the possession of the patient, in the patient's room or
			 living area, or in their personal/excess property, OSH shall:
(a) Store the item as excess personal
			 property;
(b) Provide the item to
			 an individual listed in OAR
			 309-108-0010(2);
			 or
(c) Dispose of any prohibited
			 items that may pose a safety or security risk. Disposal shall be documented and
			 shall be witnessed by two OSH staff members.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 108 - HANDLING OF PERSONAL PROPERTY OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS › Section 309-108-0020 - Notice to Patients and OSH Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon admission to OSH, patients shall be
			 informed of their rights under these rules, both verbally and in writing, and
			 will be provided instructions on how to obtain a copy of these rules.
			 Information about these rules shall also be prominently displayed in areas
			 frequented by patients.
(2) OSH
			 staff shall be notified in writing at the commencement of their employment, or
			 for existing OSH staff, within a reasonable time of the effective date of these
			 rules, of the rights, policies, and procedures set forth in these rules. OSH
			 staff shall review the rules, policies, procedures, and updates
			 annually.
(3) Violation of these
			 rules and any related OSH policies or procedures by OSH staff may constitute
			 cause for disciplinary action.
Statutory/Other Authority: ORS
				  179.040,
				  413.042 & ORS
				  179.360
Statutes/Other Implemented: ORS
				  179.321 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0000 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. These
			 rules prescribe policies and procedures concerning the use of restraint in the
			 treatment, and behavior management of patients in state institutions operated
			 by the Division. In addition to these general rules, other more specific
			 requirements established by federal regulations must be followed where
			 applicable.
(2) Statutory
			 Authority. These rules are authorized by ORS
			 179.040 and
			 413.042 and carry out the
			 provisions of 426.385.
(3) The
			 rules set out in Chapter 309, Division 112 are applicable on and after
			 September 23, 2020
Statutory/Other Authority: ORS
				  179.040 &
				  413.042
Statutes/Other Implemented: ORS
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Chief Medical Officer" means the
			 physician designated by the superintendent of each state institution pursuant
			 to ORS 179.360(1)(f)
			 who is responsible for the administration of medical treatment at each state
			 institution, or their designee.
(2)
			 "Division" means the Division of State Hospitals of the Oregon Health
			 Authority.
(3) "Interdisciplinary
			 Team (IDT)" means a group of professional and direct care staff which has
			 primary responsibility for the development of a plan for the care and treatment
			 of an individual patient.
(4)
			 "Isolation" means the involuntary placement of a patient, who is suspected of
			 or is diagnosed with a serious, highly infectious disease,alone in a locked
			 room or area when it is medically necessary to prevent the spread of that
			 infectious disease to other patients or staff.
(5) "Patient" means a person who is receiving
			 care and treatment in a state institution for the mentally ill.
(6) "Restraint" means one or more of the
			 following procedures:
(a) "Personal
			 Restraint" means a procedure in which a patient or resident is placed in a
			 prone or supine position or held in a chair by another person in order to
			 restrict the physical movement of the patient or resident;
(b) "Physical Restraint" means a device which
			 restricts the physical movement of a patient and which cannot be removed by the
			 person and is not a normal article of clothing, a therapy device, or a simple
			 safety device; or
(c) "Seclusion"
			 means the involuntary placement of a patient alone in a locked room or area in
			 order to manage the patient's violent or self- estructive behavior.
(d) "Restraint" does not include
			 "isolation".
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0010 - General Policies Concerning Use of Restraint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State
			 institutions shall not use restraint except in emergencies, as provided in OAR
			 309-112-0015, or as part of
			 planned treatment programs as provided in
			 309-112-0017, and only then
			 subject to the conditions and limitations of these rules. An order for physical
			 restraint may not be in effect longer than 12 hours. No form of restraint shall
			 be used as punishment, for the convenience of staff, or as a substitute for
			 activities, treatment, or training.
(2) State institutions shall provide training
			 in the appropriate use of restraint to all employees having direct care
			 responsibilities.
(3) Medication
			 will not be used as a restraint, but will be prescribed and administered
			 according to acceptable medical, nursing, and pharmaceutical
			 practices.
(4) Patients shall not
			 be permitted to use restraint on other patients.
(5) Physical restraint must be used in
			 accordance with sound medical practice to assure the least risk of physical
			 injury and discomfort. Any patient placed in physical restraint shall be
			 protected from self-injury and from injury by others.
(6) Checking a patient in restraint:
(a) A patient in restraint must be checked at
			 least every 15 minutes;
(b)
			 Attention shall be paid to the patient's basic personal needs (such as regular
			 meals, personal hygiene, and sleep) as well as the patient's need for good body
			 alignment and circulation;
(c)
			 Staff shall document that the patient was checked and appropriate attention
			 paid to the person's needs.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0015 - Use of Restraint in Emergencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to the
			 provisions of these rules, restraint may be used to manage the behavior of a
			 patient in emergencies. An emergency exists, as determined by the chief medical
			 officer or designee if, because of the behavior of a patient:
(a) There is a substantial likelihood of
			 immediate physical harm to the patient or others in the institution;
			 or
(b) The patient's behavior
			 seriously disrupts the activities of other patients on the unit or cottage;
			 or
(c) Measures other than the use
			 of restraint are deemed ineffective to manage the behavior.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0017 - Use of Restraint as Part of Planned Treatment or Training Programs

Current through Register Vol. 63, No. 7, July 1, 2024
Subject to the provisions of these rules, restraint may be used
				as part of planned treatment program provided the informed consent of the
				patient is obtained or, if informed consent cannot be obtained, authorization
				to proceed with necessary treatment is obtained as provided in OAR
				309-114-0000 through
				309-114-0025.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  426.385 &
				  427.031
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0020 - Use of Security Transportation

Current through Register Vol. 63, No. 7, July 1, 2024
The chief medical officer or designee may authorize the use of
				secure transportation for patients of a secure program when outside the
				security area.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  426.385 &
				  427.031
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0025 - Use of Restraint for Acute Medical Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During medical treatment for acute
			 physical conditions, personal and physical restraint may be used to prevent a
			 patient from injuring himself or herself.
(2) Use of a restraint in the presence of a
			 physician may be authorized verbally; ongoing or continuing use of personal or
			 physical restraint must be ordered in writing by a physician.
(3) Treatment staff shall:
(a) Attend to the patient's basic personal
			 needs and exercise needs in accordance with general medical practice; and
(b) To the extent practicable,
			 accommodate the patient's mental disabilities treatment and training
			 regimen.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0030 - Restraint Review Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 state institution shall have a Restraint Review Committee. The members of the
			 committee shall be appointed by the superintendent of each institution and
			 shall consist of five members; two from institution staff and three community
			 persons who are knowledgeable in the field of mental health. A quorum shall
			 consist of three members. The committee may be one formed specifically for the
			 purposes set forth in this rule, or the duties prescribed in this rule may be
			 assigned to an existing committee.
(2) The purpose and duty of the Restraint
			 Review Committee is to review and evaluate at least quarterly the
			 appropriateness of all such interventions and report its findings to the
			 superintendent.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  426.385 &
				  427.031
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0031 - Use of Isolation to Control the Spread of a Serious, Highly Infectious Disease

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to
			 the provisions of this rule, the chief medical officer or designee may order a
			 patient's involuntary placement in isolation if:
(a) The patient is suspected of or is
			 diagnosed with a serious, highly infectious disease;
(b) The patient refuses to or is unable to
			 remain in an unlocked room or area, or refuses to or is unable to follow
			 staff's instructions related to necessary safety protocols; and
(c) Isolation of the patient is temporarily
			 necessary to prevent the spread of the infectious disease to other patients and
			 staff.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 112 - USE OF RESTRAINT FOR PATIENTS IN STATE INSTITUTIONS › Section 309-112-0035 - Notice to Patients and Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon admission, state institutions shall
			 inform patients orally and in writing, of the rights, policies, and procedures
			 set forth in these rules. In addition, a clear and simple statement of the
			 title and number of these rules, their general purpose, and instructions on how
			 to obtain a copy of the rules and how to seek advice about their content shall
			 be prominently displayed in areas frequented by patients in all state
			 institutions.
(2) All employees of
			 state institutions shall be notified in writing at the commencement of their
			 employment, or, for present employees, within a reasonable time of the
			 effective date of these rules, of the rights, policies, and procedures set
			 forth in these rules.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  426.385 &
				  427.031
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 114 - INFORMED CONSENT TO TREATMENT AND TRAINING BY PATIENTS IN STATE INSTITUTIONS › Section 309-114-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose. These rules prescribe standards and procedures to be
				observed by personnel of state institutions operated by Division in obtaining
				informed consent to significant procedures, as defined by these rules, from
				patients of such state institutions. These rules do not apply to routine
				medical procedures. Administration of significant procedures without informed
				consent is permitted as described in OAR
				309-114-0010(1)(b).
				The purpose of these rules is to assure that the rights of patients are
				protected with respect to significant procedures.
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  179.321,
				  426.070 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 114 - INFORMED CONSENT TO TREATMENT AND TRAINING BY PATIENTS IN STATE INSTITUTIONS › Section 309-114-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Authorized Representative" or
			 "representative" means an individual who represents a party in a contested case
			 hearing; the representative must be supervised by an attorney that is licensed
			 by the Oregon State Bar.
(2) "Chief
			 Medical Officer" means the physician designated by the superintendent of each
			 state institution pursuant to ORS
			 426.020(2) who
			 is responsible for the administration of medical treatment at each state
			 institution.
(3) "Committed" or
			 "Commitment" means an individual is admitted under ORS
			 161.327,
			 161.328,
			 161.370,
			 426.701,
			 426.130,
			 427.215 or
			 426.220 when the individual's
			 guardian or health care representative is unavailable or unable to
			 consent
(4) "Dangerousness" means
			 either:
(a) A substantial risk that physical
			 harm will be inflicted by an individual upon his own person, as evidenced by
			 threats, including verbal threats or attempts to commit suicide or inflict
			 physical harm on him or herself. Evidence of substantial risk may include
			 information about historical patterns of behavior that resulted in serious harm
			 being inflicted by an individual upon him or herself as those patterns relate
			 to the current risk of harm;
(b) A
			 substantial risk that physical harm will be inflicted by an individual upon
			 another individual, as evidenced by recent acts, behavior or threats, including
			 verbal threats, which have caused such harm or which would place a reasonable
			 person in reasonable fear of sustaining such harm. Evidence of substantial risk
			 may include information about historical patterns of
			 behavior
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 114 - INFORMED CONSENT TO TREATMENT AND TRAINING BY PATIENTS IN STATE INSTITUTIONS › Section 309-114-0010 - General Policy on Obtaining Informed Consent to Treatment and Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) Basic Rule. Patients, or parents or
			 guardians of minors, or guardians on behalf of legally incapacitated patients,
			 may refuse any significant procedure and may withdraw at any time consent
			 previously given to a significant procedure. Any refusal or withdrawal or
			 withholding of consent shall be documented in the patient's record.
(b) Personnel of a state institution shall
			 not administer a significant procedure to a patient unless written informed
			 consent is obtained from or on behalf of the patient in the manner prescribed
			 in these rules, except as follows:
(A)
			 Administration of significant procedures to legally incapacitated patients as
			 provided in section (6) of this rule;
(B) Administration of significant procedures
			 without informed consent in emergencies under OAR
			 309-114-0015;
(C) Involuntary administration of significant
			 procedures with good cause to persons committed to the Division under OAR
			 309-114-0020; or
(D) Involuntary administration of significant
			 procedures pursuant to a valid court order.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 114 - INFORMED CONSENT TO TREATMENT AND TRAINING BY PATIENTS IN STATE INSTITUTIONS › Section 309-114-0015 - Administration of Significant Procedures Without Informed Consent in Emergencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 emergency exists if in the opinion of the chief medical officer or designee:
(a) Immediate action is required to preserve
			 the life or physical health of the patient and it is impracticable to obtain
			 informed consent as provided in OAR
			 309-114-0010; or
(b) Immediate action is required because the
			 behavior of the patient creates a substantial likelihood of immediate physical
			 harm to the patient or others in the institution and it is impracticable to
			 obtain informed consent as provided in OAR
			 309-114-0010.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 114 - INFORMED CONSENT TO TREATMENT AND TRAINING BY PATIENTS IN STATE INSTITUTIONS › Section 309-114-0025 - Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Patient's Rights: A patient has the right to contest the hospital's
			 determination that it has good cause to involuntarily administer a significant
			 procedure without informed consent pursuant to OAR
			 309-114-0020(5)(c).
			 If the patient is a minor or legally incapacitated, the parents or guardian has
			 the right to contest the hospital's determination that it has good cause to
			 involuntarily administer a significant procedure without informed consent
			 pursuant to 309-114-0020(5)(c).
(a) Instructions and a simple method of
			 requesting such a hearing shall be provided to every patient when he or she
			 receives notice that the institution intends to administer a significant
			 procedure without informed consent. The patient indicating in writing or
			 verbally to any staff member a desire to challenge the institution's decision
			 will be sufficient to request a contested case hearing.
(b) A patient's verbal or written request for
			 a hearing implies consent to the release of his or her records and protected
			 health information to his or her representative, the institution's
			 representative, and the Office of Administrative Hearings for the purpose of
			 preparing for and conducting the contested case hearing.
(c) After filing a request for an
			 administrative hearing, an attorney or certified law student will be appointed
			 by the Division to represent any patient who requests one. The patient has the
			 right to be represented at the hearing by a representative appointed and paid
			 by the state. The patient also has the right to be represented at the hearing
			 by an attorney or certified law student of his or her choice and at his or her
			 own expense.
(d) If a patient
			 requests a contested case hearing and is not already receiving the significant
			 procedure pursuant to a valid physician's or psychiatric nurse practitioner's
			 order the patient has the right to not receive the significant procedure prior
			 to and during the hearing. If the patient is already receiving the significant
			 procedure pursuant to a valid physician's or psychiatric nurse practitioner's
			 order, the institution may continue to administer the significant procedure to
			 the patient until the final order is issued.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 114 - INFORMED CONSENT TO TREATMENT AND TRAINING BY PATIENTS IN STATE INSTITUTIONS › Section 309-114-0030 - Notice to Patients and Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon a patient's admission, the state
			 institutions shall inform the patient, orally and in writing, of the rights,
			 policies, and procedures set forth in these rules. In addition, a clear and
			 simple summary of the contents, including the title, number, and purpose of
			 these rules, and instructions on how to obtain a copy of the rules and advice
			 about their content shall be prominently displayed in areas frequented by
			 patients in all state institutions.
(2) All employees of state institutions
			 involved in patient care shall be notified in writing at the commencement of
			 his or her employment, or, for present employees, within a reasonable time
			 after the effective date of these rules, of the rights, policies, and
			 procedures set forth in these rules. These employees shall participate in a
			 training program regarding the rules, their meaning and application.
Stat. Auth.: ORS
				  179.040
Stats. Implemented: ORS
				  179.321,
				  426.070 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 114 - INFORMED CONSENT TO TREATMENT AND TRAINING BY PATIENTS IN STATE INSTITUTIONS › Section 309-114-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  179.040
Statutes/Other Implemented: ORS
				  179.321,
				  426.070 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 116 - PATIENT RIGHTS › Section 309-116-0200 - Oregon State Hospital Patients Privacy Rights

Current through Register Vol. 63, No. 7, July 1, 2024
Patients of the Oregon State Hospital have the right to a
				humane physical environment that provides adequate privacy for each patient.
				Each patient shall be provided living quarters that afford reasonable privacy
				and security in resting, sleeping, dressing, bathing, personal hygiene, and
				toileting. For example, all showers and bathrooms in patient rooms shall have
				shower curtains. These provisions may not be interpreted as requiring
				individual sleeping quarters or to relieve hospital staff from obligations to
				perform safety checks. These rights may be limited only by an order written by
				an OSH License Provider in the State of Oregon based upon a patient's clinical
				needs as documented in the patient's records.
To view tables referenced in rule text,
click here to view
				  rule.
Statutory/Other Authority: ORS
				  413.042,
				  426.072 &
				  179.040
Statutes/Other Implemented: ORS
				  426.010,
				  426.072 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe a process to address the informal
				complaints and grievances that an Oregon State Hospital patient, or a
				representative on the patient's behalf, might have in regards to the hospital
				or its staff. These rules also establish a review process for patients or their
				representatives who are not satisfied with the resolution of their
				grievances.
Statutory/Other Authority: ORS
				  179.040,
				  413.042,
				  179.321 &
				  179.360
Statutes/Other Implemented: ORS
				  426.385,
				  179.321 &
				  179.360
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Abuse" means any act or absence of
			 action toward a patient by staff that falls within the definition of abuse
			 found in ORS 430.735.
(2) "Allegation of Abuse" means a grievance
			 by a patient or their representative alleging that the patient has been abused
			 by OSH staff.
(3) "Communicable
			 Disease" means a disease or condition, the infectious agent of which may be
			 transmitted by any means from one individual or from an animal to an
			 individual, that may result in illness, death or severe disability.
(4) "Director" or "OHA Director" means the
			 individual appointed by the governor to act as the executive head of OHA and is
			 the governing body of OSH. For purposes of these rules, "Director" or "OHA
			 Director" also includes the Director's designee.
(5) "Grievance" means a patient's or their
			 representative's complaint regarding:
(a) The
			 substance or application of any rule or OSH policy that adversely affects the
			 patient;
(b) The lack of a rule or
			 OSH policy concerning a matter that adversely affects the patient; or
(c) Any decision or action by OSH staff that
			 adversely affects the patient.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0010 - Policy Statement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the policy of OSH that the care and treatment of its patients be administered
			 in a manner that preserves their civil and legal rights. OSH will maintain a
			 process for patients and their representatives to resolve informal complaints
			 or grievances concerning the patient's care, treatment and rights. It is OSH's
			 policy to encourage all personnel to alert treatment staff concerning any
			 patient's or their representative's informal complaint, grievance, or request
			 for review.
(2) OSH recognizes the
			 responsibility and authority of other state and federal agencies to receive and
			 review complaints from patients or their representatives. No patient or
			 representative shall be subjected to reprisal by OSH or OSH staff for
			 contacting or seeking review of an informal complaint or grievance under these
			 rules or outside of OSH.
(3) A
			 patient or patient's representative who files an informal complaint or
			 grievance may pursue other remedies, including, but not limited to, filing a
			 grievance directly with the state agency that has licensure survey
			 responsibility over OSH.
(4) If the
			 grievance involves an allegation of abuse, the Grievance Committee shall refer
			 the allegation immediately to the agency responsible for investigating patient
			 abuse pursuant to ORS
			 430.745 and OAR
			 943-045-0000.
(5) Nothing in this section modifies an
			 individual's mandatory abuse reporting obligations.
(6) Nothing in these rules is intended to
			 affect the right of a patient to seek independent redress of grievances by
			 access to state or federal courts.
Statutory/Other Authority: ORS
				  179.040,
				  413.042,
				  179.321 &
				  179.360
Statutes/Other Implemented: ORS
				  426.385,
				  179.321 &
				  179.360
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0015 - Issues Ineligible for Grievance or Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding the definition of a grievance in OAR
				309-118-0005, a patient's or
				their representative's compliant shall not be processed through the grievance
				or review procedures set forth in these rules if:
(1) There is a contested case hearing or
			 other separate process recognized by statute or administrative rule that
			 affords notice and opportunity to be heard before an impartial decision-maker
			 concerning that issue, including but not limited to institutional reimbursement
			 orders, OSH informed consent decisions, and judicial determinations of
			 continued mental illness or cognitive disability;
(2) The issue is something that OSH does not
			 have the authority to change, including but not limited to state or federal
			 laws, court orders and actions or decisions by other agencies, including but
			 not limited to commitment and discharge;
(3) The patient has previously submitted a
			 grievance or review request on the issue that resulted in a written response,
			 and nothing has occurred that changes the previous response;
(4) Grieving an issue on behalf of another
			 patient;
(5) Statements that do not
			 allege a grievance; or
(6)
			 Disagreements about a treating practitioner's medical diagnosis of the
			 patient.
Statutory/Other Authority: ORS
				  179.040,
				  413.042,
				  179.321 &
				  179.360
Statutes/Other Implemented: ORS
				  426.385,
				  179.321 &
				  179.360
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0020 - Grievance Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Informal
			 Complaint: Whenever possible, a patient or patient's representative should
			 attempt to present and resolve complaints informally with the individual(s)
			 involved in the complaint.
(a) An informal
			 complaint may be made verbally or in writing by the patient or patient's
			 representative, provided that the writing is not on an OSH Grievance
			 Form.
(b) No written response is
			 required for an informal complaint.
(c) Informal complaints are not subject to
			 review or appeal.
(d) If the
			 patient is dissatisfied with the outcome of the informal complaint or the issue
			 qualifies as a grievance, then the treatment staff shall provide the patient or
			 their representative with the OSH Grievance Form and assist the patient or
			 their representative with completing the form if requested.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0023 - OSH and OHA Review Processes for Resolved Grievances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OSH and OHA recognize that a patient or
			 their representative may not be satisfied with the resolution of their
			 grievance(s) as provided in OAR
			 309-118-0020 and therefore
			 provide an optional two-tiered review process.
(2) OSH Review Process: If the patient or
			 their representative is not satisfied with the resolution of their grievance by
			 the Grievance Committee, the patient or their representative may request an OSH
			 Review.
(a) The patient or their
			 representative must complete an OSH Review Form or may request treatment staff
			 to assist them with completion of the form. The patient or their representative
			 must provide a reason why they disagree with the resolution of the grievance
			 and provide a proposed resolution.
(b) To be timely, the patient or their
			 representative must provide the completed OSH Review Form to treatment staff to
			 submit to the Ombuds or submit the OSH Review Form directly to the Ombuds
			 within 14 calendar days after receiving the Grievance Committee Response. If
			 the patient or their representative fail to timely request an OSH Review, OSH
			 shall not grant an OSH Review unless there is good cause for the untimely
			 submission. Good cause means a delay caused by something outside the control of
			 the patient or their representative.
(c) The Ombuds shall review the OSH Review
			 Form, Grievance Form, and Grievance Committee response. The Ombuds shall also
			 consider information provided by the patient or their representative, any other
			 information relevant to the grievance, and may take any other action to
			 investigate the matter as they deem appropriate.
(d) The Ombuds shall provide a written
			 response to the OSH Review Request to the patient or their representative
			 within 14 calendar days of receipt of the request.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  179.040,
				  413.042,
				  179.321 &
				  179.360
Statutes/Other Implemented: ORS
				  426.385,
				  179.321 &
				  179.360
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0030 - Representatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A patient has
			 the right to have a representative, as defined in OAR
			 309-118-0005, to assist them in
			 the grievance and review process. A patient shall not act as a representative
			 for another patient in the grievance process.
(2) If the patient and the representative
			 disagree about submitting the grievance or request for review, the patient's
			 grievance or review request will be addressed as provided in these rules,
			 except where the representative is the patient's legal guardian or health care
			 representative and has legal authority to make decisions on behalf of the
			 patient.
Statutory/Other Authority: ORS
				  179.040,
				  413.042,
				  179.321 &
				  179.360
Statutes/Other Implemented: ORS
				  426.385,
				  179.321 &
				  179.360
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0035 - Responsibilities of OSH Staff in Grievance and Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Treatment staff and Ombuds shall be
			 notified in writing of the rules and policies related to the grievance and
			 review process.
(2) Treatment staff
			 shall assist the patient or their representative with the grievance and review
			 process upon request.
(a) Treatment staff and
			 Ombuds responsible for administering the grievance or review process shall do
			 so with the intent of achieving a fair resolution.
(b) Treatment staff who assist patients or
			 their representatives in using the grievance or review process shall not be
			 disciplined or otherwise subjected to reprisal for those actions, provided that
			 such individuals act in good faith and for the purpose of protecting the rights
			 of the patient.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  179.040,
				  413.042,
				  179.321 &
				  179.360
Statutes/Other Implemented: ORS
				  426.385,
				  179.321 &
				  179.360
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040 &
				  413.042
Stats. Implemented: ORS
				  426.385 &
				  427.031
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0046 - Grievance Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If any
			 member of the Grievance Committee is the subject of the patient's or their
			 representative's grievance, then that member shall recuse themselves from the
			 decision-making process on that grievance. If recusal will lead to fewer than
			 two members on the Grievance Committee, then another treatment staff member or
			 Ombuds will be assigned to that Grievance Committee.
(2) Prior to serving on a Grievance
			 Committee, all members or potential members shall participate and successfully
			 complete OSH-approved grievance training and review the current grievance
			 policy.
(3) For grievances related
			 to race, religion, national origin, gender identity, sexual orientation, tribal
			 affiliation, cultural practices, immigration status, and limited English
			 proficiency, the Grievance Committee shall consult with the hospital's Liaison
			 to the Office of Equity and Inclusion, the Ombud's office or OSH's Office of
			 Legal Affairs before issuing a written response.
Statutory/Other Authority: ORS
				  179.040,
				  413.042,
				  179.321 &
				  179.360
Statutes/Other Implemented: ORS
				  426.385,
				  179.321 &
				  179.360
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0050 - Posting of Grievance and Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
Upon admission, OSH shall inform patients both orally and in
				writing, of the rights, policies, and processes set forth in these rules. A
				clear and simple statement of the grievance and review processes shall be
				prominently posted in areas frequented by patients, including each OSH unit,
				suite and cottage. Copies of the OSH Grievance Form, OSH Review Form, and OHA
				Review Forms shall be accessible and available to patients and their
				representatives.
Statutory/Other Authority: ORS
				  179.040,
				  413.042,
				  179.321 &
				  179.360
Statutes/Other Implemented: ORS
				  426.385,
				  179.321 &
				  179.360
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 118 - GRIEVANCE PROCEDURES FOR USE IN STATE INSTITUTIONS › Section 309-118-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  179.040, ORS
				  179.321,
				  179.360 &
				  413.042
Statutes/Other Implemented: ORS
				  179.321,
				  179.360 &
				  426.385
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0070 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe procedures by which offenders in Oregon
				Youth Authority (OYA) close custody facilities may be transferred to a state
				mental hospital or a facility designated by the Addictions and Mental Health
				Division for evaluation and treatment.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  420.500 &
				  420.505
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  420.500 &
				  420.505
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0075 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Close custody facility" means any of the
			 secure facilities operated by the OYA, including, but not limited to, youth
			 correctional facilities, work/study camps, and transition camps.
(2) "Facility designated by the Oregon Health
			 Authority (Authority)" means a hospital or secure non-hospital facility
			 designated by the Authority to provide evaluation and treatment services for
			 offenders under the age of 18.
(3)
			 "Hearing Officer" means an independent decision maker designated to conduct an
			 administrative commitment hearing for an offender.
(4) "Mentally ill offender" means an offender
			 who, because of a mental disorder or a severe emotional disorder, is one or
			 more of the following:
(a) Dangerous to self
			 or others;
(b) Is unable to provide
			 for basic personal needs and is not receiving such psychiatric care as is
			 necessary for health or safety; or
(c) An offender, who unless treated, will
			 continue, with a reasonable medical probability, to physically or mentally
			 deteriorate so that the offender will become a person described under either or
			 both subparagraph (4)(a) or (4)(b) of this rule.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0080 - Procedures for Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The OYA
			 close custody facility Superintendent, the Director of the OYA, or the
			 Director's designee may request that the Superintendent of a state mental
			 hospital or a facility designated by the Authority for evaluation and treatment
			 accept a transfer of a mentally ill offender to a state mental hospital or
			 facility designated by the Authority.
(2) If the Superintendent of the state mental
			 hospital or facility designated by the Authority approves a transfer request
			 made under paragraph (1) of this rule, the offender will be
			 transferred.
(3) An offender may be
			 transferred to a state mental hospital or a facility designated by the
			 Authority for stabilization and evaluation for mental health treatment for a
			 period not to exceed 30 days unless the transfer is extended with offender
			 consent or following an administrative commitment hearing pursuant to paragraph
			 (4) of this rule.
(4)
			 Administrative commitments for offenders in the legal custody of the DOC and in
			 the physical custody of the OYA will be accomplished through a hearing
			 conducted by an OYA hearing officer in accordance with these rules. DOC
			 offenders in OYA physical custody requiring mental health evaluation and
			 treatment will be transferred directly from an OYA facility to a state mental
			 hospital listed in ORS
			 426.010 or a hospital or
			 facility designated by the Authority and returned directly to the OYA
			 facility.
(5) The Authority will
			 provide for an administrative commitment hearing conducted by a hearing officer
			 employed or under contract with the OYA for administrative commitment or
			 extension of the transfer of the offender if:
(a) The Authority determines that
			 administrative commitment for treatment for a mental illness is necessary or
			 advisable or that the Authority needs more than 30 days to stabilize or
			 evaluate the offender; and
(b) The
			 offender does not consent to the administrative commitment or an extension of
			 the transfer.
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules prescribe procedures by which adults in custody of
				Department of Corrections facilities may be transferred to a state mental
				hospital listed in ORS
				426.010.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508
Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Department of Corrections Facility"
			 means any institution, facility or staff office, including the grounds,
			 operated by the Department of Corrections.
(2) "Adult in custody" means any person under
			 the supervision of the Department of Corrections who is not on parole,
			 probation, or post-prison supervision status.
(3) "Mentally Ill Adult in Custody" means an
			 adult in custody who, because of a mental disorder, is one or more of the
			 following:
(a) Dangerous to self or
			 others.
(b) Unable to provide for
			 basic personal needs and is not receiving such care as is necessary for health
			 or safety.
(c) An adult in custody
			 who:
(A) Is chronically mentally ill, as
			 defined in ORS 426.495;
(B) Within the previous three years, has
			 twice been placed in a hospital or approved inpatient facility by the Oregon
			 Health Authority under ORS
			 426.060;
(C) Is exhibiting symptoms or behavior
			 substantially similar to those that preceded and led to one or more of the
			 hospitalizations or inpatient placements referred to in subparagraph (3)(c)(B)
			 of this rule; and
(D) Unless
			 treated, will continue, to a reasonable medical probability, to physically or
			 mentally deteriorate so that the adult in custody will become a person
			 described under either or both subparagraph (3)(c)(A) or (3)(c)(B) of this
			 rule.