Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 33 - CIVIL COMMITMENT PROCEEDINGS › Section 309-033-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Administrator"
			 means the director or chief executive over behavioral health services in a
			 community hospital or the person in charge of treatment and rehabilitation
			 programs at nonhospital facilities. Whenever "administrator" appears it means
			 the administrator or designee.
(2)
			 "Assignment" means "placement" as defined in OAR
			 309-033-0210.
(3) "Authority" or "OHA" means the Oregon
			 Health Authority.
(4) "Caregiver"
			 means the person who is appointed by the court under ORS
			 426.125 to be allowed to care
			 for a person who has a mental illness on conditional release.
(5) "Certificate" means the document or
			 documents issued by the Division, which identifies and declares certification
			 of a provider pursuant to OAR
			 309-008-0100 to
			 309-008-1600. A letter
			 accompanying issuance of the certificate will detail the scope and approved
			 service delivery locations of the certificate.
(6) "Clinical record" means the record
			 required by OAR 309-014-0035 documenting the
			 mental health services delivered to clients by a CMHP or
			 subcontractor.
(7) "Community
			 Mental Health Program (CMHP)" means the entity responsible for organization of
			 various services for persons with a mental health diagnosis or addictive
			 disorders, operated by, or contractually affiliated with, a local mental health
			 authority and operated in a specific geographic area of the state under an
			 agreement with the Division pursuant to OAR
			 309-014-0000.
(8) "Community hospital" means any hospital
			 that is not Oregon State Hospital.
(9) "Council" means a regional acute care
			 psychiatric facility organization with a mission statement and bylaws,
			 comprised of facility representatives, consumers, and family members. The
			 council is advisory to the facility.
(10) "County governing body" means the county
			 court or the board of county commissioners of one or more counties who operate
			 a CMHP, or in the case of a Native American Reservation, the Tribal Council, or
			 if the county declines to operate or contract for all or part of a CMHP, the
			 board of directors of a public or private corporation selected by the
			 county.
(11) "County of commitment"
			 means the county in which the person was initially placed under civil
			 commitment, or the county to which the county of commitment was transferred as
			 appropriate.
(12) "County of
			 placement" means the county in which the person under civil commitment is
			 residing for the purpose of treatment, care, and custody.
(13) "County of residence" means the county
			 where the person currently maintains a mailing address or, if the person has no
			 current mailing address within the state, the county where the person was taken
			 into custody or the county in which a person under civil commitment has been
			 conditionally released as defined by ORS
			 426.241 to
			 426.255.
(14) "Court" means the circuit court acting
			 pursuant to ORS Chapter 426.
(15)
			 "Custody" means the prehearing physical retaining of a person taken into
			 custody by:
(a) A peace officer pursuant to
			 ORS 426.070,
			 426.228,
			 426.233;
(b) A peace officer at the direction of the
			 director pursuant to ORS
			 426.233;
(c) A health care facility licensed under ORS
			 Chapter 441, and approved by the Division, pursuant to ORS
			 426.231;
(d) A state hospital pursuant to ORS
			 426.232;
(e) A community hospital pursuant to ORS
			 426.070 or
			 426.232;
(f) A nonhospital facility pursuant to ORS
			 426.070 or
			 426.233; or
(g) A regional acute care psychiatric
			 facility or nonhospital facility pursuant to ORS
			 426.072 or
			 426.233.