Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0530 - Approval of Hospitals and Nonhospital Facilities to Provide Services to Persons under Civil Commitment and to Persons in Custody and on Diversion.

Current through Register Vol. 63, No. 7, July 1, 2024
This section establishes rules for approval of hospital and
				nonhospital facilities which provide service to a person under civil commitment
				or to a person in custody or on diversion.
(1) Approved hospitals and other facilities.
			 Only hospitals and nonhospital facilities, approved by the Division under this
			 rule, shall provide care and treatment services for persons under civil
			 commitment or for persons in custody or on diversion.
(2) Application for approval. Approval of
			 hospitals or nonhospital facilities shall be accomplished by submission of a
			 letter of application pursuant to OAR
			 309-008-0400. If approved, a
			 certificate pursuant to OAR
			 309-008-0500 will be issued to
			 the hospital or nonhospital facility to provide such services. This approval
			 shall be reviewed on a biennial basis subject to application of the hospital or
			 other facility and/or review by the Division.
(3) Requirements for approval. In undertaking
			 review of the hospital or nonhospital facility for approval, the Division shall
			 be satisfied that the hospital or nonhospital facility meets one of the
			 following requirements:
(a) Approval to
			 provide seclusion and restraint to persons under civil commitment and to
			 persons in custody and on diversion. The Division shall approve, without
			 further requirement, hospitals and nonhospital facilities currently approved
			 under OAR 309-033-0700 through
			 309-033-0740;
(b) Requirements for facilities not approved
			 to provide seclusion and restraint. The Division shall approve a nonhospital
			 facility to serve persons under civil commitment and persons in custody and on
			 diversion if the nonhospital facility is certified as a secure residential
			 facility under Division rules and the nonhospital facility has the following:
(A) Written policies and procedures in place
			 which assure that:
(i) The facility shall not
			 admit a person who may require seclusion or physical restraint.
(ii) A person who develops the need for
			 seclusion and restraint is immediately removed to a hospital or nonhospital
			 facility approved under OAR
			 309-033-0700 through
			 309-033-0740..
(iii) Each person admitted to the facility
			 has a Licensed Independent Practitioner (LIP) who is responsible for treating
			 the person during the person's stay at the facility and who examines the person
			 within 24 hours of the person's admission to the facility.
(iv) A staff person shall provide direct care
			 for consumers only when that staff person is trained in the curriculum approved
			 by the LIP. The staff shall receive the training within the last six months
			 prior to providing direct consumer care.
(v) A staff person shall participate in the
			 training approved by the LIP quarterly.
(B) A LIP, who is employed by the facility or
			 has a contract with the facility, to provide medical oversight of admission
			 policies and procedures, and staff training;
(C) A staff training curriculum which is
			 approved by the LIP and includes:
(i) Criteria
			 for the admission of a person who can safely be served by the nonhospital
			 facility;
(ii) Recognition of
			 indicators of violence or assault and criteria for the transfer of person to a
			 more secure facility;
(iii)
			 Indicators of medical problems, identification of medication side effects, and
			 indicators of medical problems and medical crisis; and
(iv) Management of aggressive behavior and
			 de-escalation techniques.
(D) Two qualified mental health associates
			 who are available on-site 24 hours-a-day, seven days-a-week;
(E) Alarmed doors and windows which have been
			 approved by the Division;
(F) A
			 written agreement with a law enforcement agency to respond to emergencies that
			 provides:
(i) Emergency response time within
			 15 minutes of the nonhospital facility's request;
(ii) Agreement by the law enforcement agency
			 to retake a person who elopes and to return the person to the nonhospital
			 facility or remove the person to a hospital or nonhospital facility approved
			 under OAR 309-033-0700 through
			 309-033-0740, as directed by the
			 administrator of the nonhospital facility.
(G) Documentation of fire marshal approval to
			 operate as a secure facility.