reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 20 - COMPLAINTS, INVESTIGATIONS, AND CONTESTED CASE HEARINGS › Section 858-020-0045 - Notice and Investigation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice to
			 Respondent. The Board's Executive Director or designee shall notify the
			 respondent by letter when a complaint is filed, or an investigation has been
			 initiated, into respondent's conduct or practice. The notice letter shall
			 provide respondent with a citation to the laws and regulations that apply to
			 the investigation. The notice letter shall also set out the general allegations
			 to be investigated. The investigator may modify the scope of the investigation
			 as needed.
(2) Notice to
			 Supervisors. When a complaint is filed against an individual acting under the
			 supervision of a licensed psychologist, the supervising psychologist(s) shall
			 be notified that any investigation into the conduct of the supervisee may
			 affect the licensure of the supervisor(s). The Board may open a companion
			 investigation naming the supervisor(s).
(3) Purpose of Investigation. The purpose of
			 the investigation shall be to determine whether sufficient credible evidence
			 exists of violation of rules or laws administered by the Board to justify
			 issuance of a Notice of Intent to Impose sanctions against a respondent or such
			 other action as the circumstances may warrant.
(4) Scope of Investigation. The investigator
			 shall seek guidance as appropriate and necessary from individual Board members,
			 the full Board, agency legal counsel, and the Board's Executive Director. If
			 the Board decides to operate with a Consumer Protection Committee structure,
			 that committee shall serve as the primary source of guidance for the
			 investigator.
(5) Cooperation.
			 Failure by respondent to cooperate with a board investigation constitutes
			 unprofessional conduct per ORS
			 675.070(2), and
			 is grounds for disciplinary action.
(a)
			 Cooperation by respondent includes:
(A)
			 Submitting client records to the Board's investigator, with or without a signed
			 release by the client, for a full investigation of the allegations presented in
			 the notice letter;
(B) Sending a
			 complete case file to the Board's investigator;
(C) Being available for a personal interview
			 with the Board's investigator; and
(D) Responding truthfully and accurately to
			 all questions presented by the Board's investigator.
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 20 - COMPLAINTS, INVESTIGATIONS, AND CONTESTED CASE HEARINGS › Section 858-020-0055 - Investigator's Report to the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the investigation is complete, the
			 investigator will make an investigation report to the Board, in accordance with
			 the timeline and procedures outlined in ORS
			 183.310 to
			 183.500 and
			 676.160 to
			 676.180, and shall clearly set
			 forth the issues on which the Board should consider possible action.
(2) The Board shall consider the
			 investigator's report and the standards for disciplinary actions under its
			 statutes and OAR 858-010-0075. The Board may:
(a) Dismiss the complaint;
(b) Continue the investigation; or
(c) Commence procedures for imposing
			 sanctions.
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 20 - COMPLAINTS, INVESTIGATIONS, AND CONTESTED CASE HEARINGS › Section 858-020-0075 - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the Board institutes disciplinary actions, notice of proposed actions must
			 be served on the respondent(s) or the respondent's legal counsel by certified
			 mail, return receipt.
(2) The
			 notice shall comply with ORS
			 183.411 to
			 183.497,
			 and shall state that the respondent has the right to request a contested case
			 hearing by filing an answer to the notice of disciplinary action and written
			 request for hearing within 30 days of the mailing of the notice.
(3) Failure to request a hearing within 30
			 days of the mailing of the notice of disciplinary action shall be deemed a
			 default and a final order shall be issued by the Board.
(4) A contested case hearing will be
			 conducted by an impartial administrative law judge who has not been involved in
			 the initial investigation of the complaint, in accordance with ORS
			 183.310-183.550 and the Board's Notice of Rights and Procedures.
(5) Only the Board may order testimony be
			 taken by deposition.
(6) All
			 hearings shall be conducted in Salem, Oregon, unless a different location is
			 stipulated to by all parties and approved by the Board.
(7) Contested case hearings are closed to the
			 public.
Statutory/Other Authority: ORS
				  183.425(1),
				  183.425(2)
				  & 675.110
Statutes/Other Implemented: ORS
				  183.425(1),
				  183.425(2)
				  & 675.110
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 20 - COMPLAINTS, INVESTIGATIONS, AND CONTESTED CASE HEARINGS › Section 858-020-0085 - Board Records

Current through Register Vol. 63, No. 7, July 1, 2024
If the Board determines to take disciplinary action in
				accordance with ORS 675.070 to restrict, suspend, or
				revoke a license, notice to this effect will be published in a Board
				publication and published on the Board's website. Final disciplinary actions
				will also be reported to the National Practitioner Databank and the Association
				of State and Provincial Psychology Boards' Disciplinary
				Databank.
Stat. Auth.: ORS
				  675.110
Stats. Implemented: ORS
				  675.110
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 20 - COMPLAINTS, INVESTIGATIONS, AND CONTESTED CASE HEARINGS › Section 858-020-0105 - Board's Responsibility to the Public

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may inform the public and the profession as to the
				ethics and nature of psychological activities, including the licensure law,
				what may constitute violations of the law, and how inquiry about possible
				violations or complaints may appropriately be made. The Board will refrain from
				any statement or action which might be construed as an official opinion or
				legal advice.
Statutory/Other Authority: ORS
				  675.110
Statutes/Other Implemented: ORS
				  675.110
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 20 - COMPLAINTS, INVESTIGATIONS, AND CONTESTED CASE HEARINGS › Section 858-020-0115 - Compliance with Governor's Executive Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During a Governor declared emergency,
			 unprofessional conduct includes failing to comply with any applicable provision
			 of a Governor's Executive Order or any provision of this rule.
(2) Failing to comply as described in
			 subsection (1) includes, but is not limited to:
(a) Engaging in the practice of a profession
			 required by an Executive Order to be closed;
(b) Operating a business required by an
			 Executive Order to be closed;
(c)
			 Failing to comply with the requirements of Oregon Health Authority (OHA)
			 guidance implementing an Executive Order, including but not limited to:
(A) Failing to screen clients in accordance
			 with OHA guidance prior to providing services;
(B) Failing to limit the number of
			 individuals inside the premises or implement other protocols necessary to
			 maintain physical distancing of six (6) feet;
(C) Failing to implement OHA guidance on mask
			 and face coverings; and
(D) Failing
			 to clean and disinfect in accordance with OHA guidance.
(d) Failing to comply with any requirements
			 of a Board of Psychology guidance implementing an Executive Order.
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 20 - COMPLAINTS, INVESTIGATIONS, AND CONTESTED CASE HEARINGS › Section 858-020-0116 - Compliance with the Oregon Health Authority's COVID-19 Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Health Authority (OHA) has adopted certain rules to control the communicable
			 disease COVID-19. Unprofessional conduct includes failing to comply with any
			 applicable provision of an OHA COVID-19-related rule or any provision of this
			 rule.
(2) Failing to comply as
			 described in subsection (1) includes, but is not limited to:
(a) Failing to comply with OHA's rules
			 requiring masks, face coverings or face shields, including OAR 333-019-1011,
			 OAR 333-019-1015, and OAR 333-019-1025, if applicable; and
(b) Failing to comply with OHA's rules
			 requiring vaccinations, including OAR 333-019-1010  and OAR
			 333-019-1030.
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 20 - COMPLAINTS, INVESTIGATIONS, AND CONTESTED CASE HEARINGS › Section 858-020-0205

Current through Register Vol. 63, No. 7, July 1, 2024
Copies of the Form referenced in this rule are available from
				  the agency.
Stat. Auth.: ORS
				  36.224
Stats. Implemented: ORS
				  36.224, ORS
				  36.228, ORS
				  36.230 & ORS
				  36.232
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 30 - FEES › Section 858-030-0005 - Application, Examination and Licensing Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application: $325
(2) Jurisprudence
			 Examination: $155
(3) License Fees
(a) The license renewal fee for an active
			 psychologist and psychologist associate shall be calculated on an annual amount
			 of $390 and paid on a biennial amount of $780.
(b) The license renewal fee for a semi-active
			 psychologist and psychologist associate shall be calculated on an annual amount
			 of $195 and paid on a biennial amount of $390.
(c) The license renewal fee for an inactive
			 psychologist and psychologist associate shall be calculated on an annual amount
			 of $52.50 and paid on a biennial amount of $105.
(d) The Board shall renew licenses on a
			 biennial birth month renewal schedule.
(e) The Board shall impose a delinquency fee
			 of $210 for licenses renewed within thirty days after the stated due
			 date.
(f) The Board shall have
			 discretion to waive the delinquency fee in documented hardship cases.
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 40 - CONTINUING EDUCATION › Section 858-040-0015 - Basic Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Licensees must earn at least 40 continuing education credits during the period
			 between license renewals. Continuing education credit must be reported as
			 follows:
(a) Licensees must submit a Renewal
			 Notice and Reporting Affidavit to the Board office with the fee on or before
			 the due date printed on the notice.
(b) An unsigned or incomplete Renewal Notice
			 and Reporting Affidavit shall be returned to the licensee.
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 40 - CONTINUING EDUCATION › Section 858-040-0020 - Failure to Comply

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Renewal Notice and Reporting Affidavit shall be deemed timely if it is
			 postmarked by the stated due date of the reporting year. Burden of proof of
			 mailing is on the licensee.
(2) A
			 licensee whose Renewal Notice and Reporting Affidavit is not postmarked by
			 stated due date shall pay a delinquent fee.
(3) An individual whose license has lapsed
			 for failure to submit a Renewal Notice and Reporting Affidavit and delinquent
			 fee within 30 days after the due date must submit re-apply for licensure
			 according to OAR 858-010-0010.
(4)
			 An individual whose license has been revoked for noncompliance of continuing
			 education requirements must re-apply for licensure.
Stat. Auth.: ORS
				  675.110
Stats. Implemented: ORS
				  675.110(3)(14)
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 40 - CONTINUING EDUCATION › Section 858-040-0025 - Continuing Education Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before a license will be renewed under
			 ORS 675.110, a licensee must submit
			 a Renewal Notice and Reporting Affidavit.
(2) A copy of the Renewal Notice and
			 Reporting Affidavit is available on the Board's website.
(3) Renewal Notice and Reporting Affidavits
			 must be postmarked by the due date printed on the notice. Burden of proof of
			 mailing is on the licensee.
Stat. Auth.: ORS
				  675.110
Stats. Implemented: ORS
				  675.110(14)
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 40 - CONTINUING EDUCATION › Section 858-040-0026 - Continuing Education Random Audit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board will conduct a random audit of
			 continuing education compliance each year. Audited licensees will be notified
			 by letter and given 60 days to respond. Submissions must be postmarked by the
			 stated due date to be considered timely. Licensee holds the burden of proof of
			 mailing.
(2) Unless the licensee
			 is contacted for an audit, evidence of completion should not be sent to the
			 Board, but must be retained by the licensee for two years after the reporting
			 period.
(3) To obtain credit
			 during an audit, the following information must be typed or printed provided in
			 legible form on the Board's Continuing Education Audit Report:
(a) Activity title for multi-session or
			 multi-day activities, titles of separate sessions attended;
(b) Dates attended, including month, day, and
			 year;
(c) Organization sponsoring
			 the program;
(d) Full name and
			 degree of qualified instructor or discussion leader;
(e) Hours claimed according to OAR
			 858-040-0055.
(f) To obtain credit
			 for writing published articles and books, the following information must be
			 provided on the Continuing Education Audit Report as follows:
(A) Publisher;
(B) Title of publication;
(C) Dates of publication; and
(D) Hours claimed according to OAR
			 858-040-0055.
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 40 - CONTINUING EDUCATION › Section 858-040-0035 - Programs Which Qualify for Continuing Education Credit

Current through Register Vol. 63, No. 7, July 1, 2024
Policy. Acceptable continuing education must be a learning
				activity which contributes directly to the professional competence of the
				licensee.
(1) Program Prerequisites.
			 Continuing Education programs shall qualify for credit if:
(a) The subject matter deals primarily with
			 substantive psychological issues, skills or Oregon laws, rules and ethical
			 standards related to one's role as a psychologist or psychologist
			 associate.
(b) The program is
			 conducted by a qualified instructor or discussion leader. A qualified
			 instructor or discussion leader is a person whose background, training,
			 education, or experience makes it appropriate for the person to make a
			 presentation or lead a discussion on the subject matter; and
(c) A record of attendance, such as a
			 certificate of completion, is obtained.
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 40 - CONTINUING EDUCATION › Section 858-040-0036 - Programs Which Do Not Qualify for Continuing Education Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Marketing;
			 investments; and practice building strategies.
(2) Yoga; therapeutic massage;
(3) Non-Clinical administrative staff
			 meetings;
(4) Word processing
			 computer skills;
(5) Therapies
			 which are not widely recognized as within the scope of practice of psychology,
			 through research or scientifically demonstrated clinical effectiveness.
Stat. Auth.: ORS
				  675.110
Stats. Implemented: ORS
				  675.110(14)
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 40 - CONTINUING EDUCATION › Section 858-040-0055 - Credit Hours Granted

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Credit shall be given for actual hours attended.
(2) Credit shall be given for no more than 20
			 hours of continuing education for home study and study group hours combined in
			 each reporting period. This limitation is temporarily suspended for renewals
			 that are due between March 31, 2020 and July 31, 2022.
(3) An instructor, discussion leader, or
			 speaker shall be given two hours of credit for preparation for each hour of
			 presentation time, and one hour of credit for each hour of presentation
			 time.
(4) Credit shall be given for
			 no more than 20 hours of continuing education for service as an instructor,
			 discussion leader, or speaker and published material combined in each reporting
			 period.
(5) One hour of continuing
			 education credit shall be given for reading 100 book pages or four
			 peer-reviewed articles. Credit shall be given for no more than four hours (400
			 book pages or 16 articles) of reading in each reporting period. No more than
			 two hours of reading may be used to fulfill the professional ethics continuing
			 education requirement, and no more than two hours of reading may be used to
			 fulfill the one-time pain management continuing education
			 requirement.
Statutory/Other Authority: ORS
				  675.110
Statutes/Other Implemented: ORS
				  675.110(14)
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 40 - CONTINUING EDUCATION › Section 858-040-0065 - Evidence of Completion

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Evidence of completion must be retained by the licensee for a minimum of two
			 years after the reporting period.
(2) Responsibility for documenting the
			 acceptability of the program and the validity of credit rests with the
			 licensee.
(3) The following shall
			 constitute evidence of completion:
(a) For
			 academic credit: a copy of a transcript showing satisfactory completion of the
			 course.
(b) For professional
			 development or workplace educational programs, formal trainings or home study
			 activities: a certificate of attendance. A copy of a paid receipt showing
			 licensee's name as the payor, along with a conference brochure, workshop flier
			 or program schedule, may serve as evidence of completion for no more than eight
			 hours of continuing education credit. Documentation must at minimum show the
			 qualified instructor(s)'s name and degree, date, start and end time, and
			 subject matter of the program.
(c)
			 For ethics committee meetings of professional organizations: meeting minutes
			 showing the meeting date, ethics content, and licensee's name as a
			 participating member.
(d) For
			 formally organized study groups: a copy of the study group meeting
			 record.
(e) For consultation or
			 supervision received: copies of a cancelled check or a signed verification by
			 the psychologist providing services.
(f) For authoring published material or
			 reading books or journal articles: a copy of pertinent pages of the material
			 showing the article/chapter title (if applicable), book/journal name,
			 author(s), and date of publication.
(g) For lecturer credit: a copy of the course
			 syllabus, conference brochure, workshop flier, program schedule or signed
			 verification from the sponsor. Documentation must at minimum show the
			 licensee's name as the lecturer, date, start and end time, and subject
			 matter.
Oregon Administrative Rules › Chapter 858 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF PSYCHOLOGY › Division 40 - CONTINUING EDUCATION › Section 858-040-0070 - Failure to Comply

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Renewal Notice and Reporting Affidavit shall be deemed timely if it is
			 postmarked by the stated due date of the reporting year. Burden of proof of
			 mailing is on the licensee.
(2) A
			 licensee whose Renewal Notice and Reporting Affidavit is not postmarked by
			 stated due date shall pay a delinquent fee.
(3) An individual whose license has lapsed
			 for failure to submit a complete Renewal Notice and Reporting Affidavit and
			 delinquent fee within 30 days after the due date must re-apply for
			 licensure.
(4) Failure to comply or
			 misrepresentation of compliance is grounds for disciplinary action.
(5) An individual whose license has been
			 revoked for noncompliance of continuing education requirements must re-apply
			 for licensure.
(6) A licensee
			 selected for the continuing education random audit who responds after the
			 stated due date is subject to disciplinary action, to include but not limited
			 to the following sanction:
(a) Up to 30 days
			 late: $200 delinquent fee.
(b) Up
			 to 60 days late: $300 delinquent fee.
(c) Failure to respond after 60 days late:
			 $500 delinquent fee and the licensee's license will be suspended until the
			 licensee provides a complete response documenting the licensee's compliance
			 with the continuing education requirements.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 1 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD RULEMAKING PROCEDURES › Section 859-001-0005 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment or repeal of any rule, the
				Psychiatric Security Review Board shall give notice of the intended action:
(1) In the Secretary of State's
			 Bulletin referred to in ORS
			 183.360 at least 21 days before
			 the effective date of the rule;
(2) By mailing a copy of the notice to
			 persons on the PSRB's mailing list established pursuant to ORS
			 183.335(8) at
			 least 28 days before the rule takes effect;
(3) By mailing or furnishing a copy of the
			 notice to Designated Legislators in accordance with ORS
			 183.335(15) at
			 least 49 days before the rule takes effect;
(4) By mailing or furnishing a copy of the
			 notice to:
(a) Associated Press;
(b) Attorney General;
(c) Attorneys for Adult Clients;
(d) DHS/AMH PSRB Liasons;
(e) Disability Rights Oregon (DRO);
(f) Oregon Association of Chiefs
			 of Police
(g) Oregon Criminal
			 Defense Lawyers Association;
(h)
			 Oregon District Attorneys Association;
(i) Oregon Psychiatric Association
(j) Oregon Psychological Association
(k) Oregon State Sheriff's
			 Association
(l) OSH Consumer and
			 Family Services;
(m) PSRB
			 Community Case Managers;
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 1 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD RULEMAKING PROCEDURES › Section 859-001-0010 - Cost of Administrative Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Copies of administrative rules are available electronically at
				no charge on the Secretary of State's website:
http://sos.oregon.gov/archives/pages/oregon_administrative_rules.aspx
.
				PSRB staff can also email copies of proposed administrative rules to interested
				parties.
Stat. Auth.: ORS 161 & 183
Stats. Implemented: ORS
				  161.387
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 20 - ORGANIZATION OF THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-020-0005 - Membership

Current through Register Vol. 63, No. 7, July 1, 2024
The Adult Panel of the PSRB, as stated in ORS
				161.385, consists of 5 members
				with the experience and terms as defined in the statute. The Adult Panel
				includes a psychiatrist, a psychologist, a member with substantial experience
				in the processes of parole and probation, a lawyer with substantial experience
				in criminal trial practice, and a public member.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.385
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 20 - ORGANIZATION OF THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-020-0010 - Chairperson of the Adult Panel

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Selection: The Board will select one or more of its members as chairperson or
			 as co-chairpersons to serve for a one year term. The chair person(s) may be
			 re-elected for subsequent terms.
(2) Duties:
(a) The duties of the Adult Panel
			 Chairperson(s), or Acting Chairperson(s), include, but are not limited to:
(A) Presiding at administrative meetings,
			 administrative hearings, full hearings and other matters requiring Adult Panel
			 decisions;
(B) Rulings on
			 procedural matters;
(C) Conducting
			 Annual Performance Evaluations of the Executive Director;
(D) Hiring and terminating the Executive
			 Director with the approval of the majority of the Board; and
(E) Assist Executive Director with personnel
			 matters (e.g. consulting regarding termination, discipline and hiring of PSRB
			 employees)
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 20 - ORGANIZATION OF THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-020-0015 - Executive Director; Powers and Duties

Current through Register Vol. 63, No. 7, July 1, 2024
The executive director will officially represent the Board and
				will perform other duties including but not limited to:
(1) Supervising work operations of the
			 Board's staff, including taking corrective action regarding employees;
(2) Preparing and managing the
			 biennial budget;
(3) Implementing
			 Board policies and decisions;
(4)
			 Informing the Board of the status of persons under its jurisdiction;
(5) Presenting to the Board all matters
			 requiring Board action;
(6) Hiring
			 and terminating employees;
(7)
			 Providing community outreach such as training for the public, licensed mental
			 health providers, practitioners, attorneys, judges and certified evaluators as
			 well as education, presentations and site visits of licensed residential
			 facilities;
(8) Tracking
			 legislation applicable to Board operations, advising the Legislature on
			 concepts and representing the Board at legislative hearings and meetings;
(9) Communicating regularly with
			 hospital and community providers about persons under the Board's jurisdiction,
			 in order to ensure that services are maintained at the proper level.
(10) Sitting on relevant task forces and
			 boards to improve the criminal responsibility system.
(11) Attending Board deliberations and
			 offering procedural/administrative guidance.
(12) Performing other duties as authorized or
			 requested by the Board, such as approving out-of-state pass requests and
			 requests for community evaluations.
Stat. Auth.: ORS
				  161.385
Stats. Implemented: ORS
				  161.385
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 30 - RESPONSIBILITIES OF THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-030-0005 - PSRB Adult Panel Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose: The Board's Adult Panel monitors the psychiatric and
				physical health and treatment of all persons placed under its jurisdiction and
				performs other duties as assigned by the Legislature. The Board will have as
				its primary concern the protection of society. In addition, the Board's
				responsibilities will include, but not be limited to:
(1) Holding hearings as required by law to
			 determine the appropriate status of persons under its jurisdiction;
(2) Overseeing the supervision of persons
			 placed on conditional release in the community;
(3) Modifying or terminating conditional
			 release plans;
(4) Maintaining and
			 keeping current medical, social and criminal histories of all persons under the
			 Board's jurisdiction;
(5) Observing
			 the confidentiality of records as required by law.
Statutory/Other Authority: ORS
				  161.387,
				  Or Law 2011, ch 708 & § 33(2) (SB 420)
Statutes/Other Implemented: ORS
				  161.315  - ORS
				  161.351,
				  Or Law 2011, ch 708, §§ 33, 41 (SB 420) & ORS
				  161.390
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 30 - RESPONSIBILITIES OF THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-030-0010 - Jurisdiction of Persons under the PSRB/Length of Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with ORS 161.325, the Board
			 will take jurisdiction over persons adjudged by the court to be guilty except
			 for insanity and who present a substantial danger to others.
(2) The period of jurisdiction of under the
			 Board will be that sentence ordered by the court that places the person under
			 PSRB jurisdiction.
(3) The Board
			 will maintain jurisdiction over persons who are legally placed under its
			 jurisdiction by any court of the State of Oregon or transferred from the
			 jurisdiction of the Oregon Health Authority.
(4) Judgment orders placing individuals under
			 Board jurisdiction must:
(a) Indicate whether
			 the court finds the individual is a proper subject for conditional release, and
			 if so, that the procedures outlined in OAR 859-070-0005  and ORS 161.327 have
			 been completed.
(b) Identify the
			 length of Board jurisdiction over the individual;
(c) Any supervisory or other special orders
			 the court delivered with its judgment.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 30 - RESPONSIBILITIES OF THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-030-0015 - Victim's Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board
			 shall make reasonable efforts to notify victims identified in a jurisdictional
			 order or victims who have requested to be notified of any of the following
			 regarding a person under the Board's jurisdiction:
(a) Any order;
(b) Hearings;
(b) Conditional release;
(c) Discharge;
(d) Move to a temporary placement due to an
			 emergency; and
(e) Escape or
			 unauthorized departure of the person.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 30 - RESPONSIBILITIES OF THE ADULT PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-030-0020 - Diversity, Equity, and Inclusion

Current through Register Vol. 63, No. 7, July 1, 2024
The PSRB will engage in rulemaking and hearing processes
				consistent with the priorities of the Governor and the policies implemented by
				the Oregon Office of Diversity, Equity, and Inclusion/Affirmative
				Action.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.387
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 40 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD ADMINISTRATIVE MEETINGS › Section 859-040-0005 - Administrative Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Adult Panel of the Board will hold administrative meetings to consider matters
			 relating to Board policy and administration. Generally, these administrative
			 meetings are held on a quarterly basis unless there is business that warrants
			 meeting more or less frequently.
(2) The agenda for administrative meetings
			 will be developed by the Executive Director and the Chairperson(s) prior to the
			 meeting. Public notice will be given in accordance with the Public Meetings
			 Law.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.385 & ORS
				  161.387
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 40 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD ADMINISTRATIVE MEETINGS › Section 859-040-0010 - Quorum and Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
The presence of at least three members of the Board-in person
				or by remote means-constitutes a quorum: Three concurring votes (affirmative or
				negative) are required for the Board's Adult Panel to make a decision.
Stat. Auth.: ORS
				  161.387
Stats. Implemented: ORS
				  161.385
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 40 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD ADMINISTRATIVE MEETINGS › Section 859-040-0015 - Public Meetings Law

Current through Register Vol. 63, No. 7, July 1, 2024
All meetings of the PSRB are open to the public in accordance
				with the Public Meetings Law; the deliberations of the Board are not open to
				the public. For the purposes of this rule, the term "public" does not include
				employees of the PSRB.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.387
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 40 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD ADMINISTRATIVE MEETINGS › Section 859-040-0020 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
Written minutes will be kept of Board action taken at
				administrative meetings and adopted at the subsequent administrative
				meeting.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.345 &
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 40 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD ADMINISTRATIVE MEETINGS › Section 859-040-0025 - Public Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Adult Panel of the Board will allocate a public comment period during its
			 Administrative meetings. The Adult Panel Chairperson or Acting Chairperson may
			 set a time limit for participants electing to speak during that
			 period.
(2) The public may not
			 participate in the discussion during Administrative meetings unless invited by
			 the Board Chairperson.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.385,
				  ORS
				  192.630,
				  ORS
				  192.690  & ORS
				  192.672
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 45 - PUBLIC RECORDS › Section 859-045-0005 - Written Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to Oregon public records law, Board orders and information releasable
			 to the public within the Public Records Law will be made available upon request
			 within a reasonable time.
(2) All
			 requests will be made in writing and final determination on disclosure will be
			 made by the Board or Board staff. Delays in releasing written material may
			 occur when consultation with counsel is necessary to determine whether a record
			 falls under the exemption from disclosure laws.
(3) At a minimum, public records requests
			 will be reviewed by PSRB staff to determine whether any of the records are
			 exempt under the Public Records Law including, but not limited to, the
			 following provisions:
(a) Information of a
			 personal nature such as that kept in a personal, medical or similar file, if
			 the public disclosure thereof would constitute an unreasonable invasion of
			 privacy, unless the public interest by clear and convincing evidence requires
			 disclosure in the particular instance; or
(b) Medical records, health information,
			 individually identifiable health information and protected health information
			 will be withheld from public inspection if the Board determines that the
			 disclosure would interfere with the rehabilitation of the person and if the
			 public interest in confidentiality clearly outweighs the public interest in
			 disclosure.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 45 - PUBLIC RECORDS › Section 859-045-0010 - Public Records Use and Disclosure; Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions: In addition to the
			 definitions in OAR 859-010-0005, the following terms apply to this rule:
(a) "Authorization" means written permission
			 form from a patient or patient's representative giving the Board, and others
			 named on the form, authorization to obtain, release, or use information about
			 the patient from third parties for specified purposes or to disclose
			 information to a third party specified by the patient.
(b) "Disclosure" means the release, transfer,
			 relay, provision of access to, or conveying of protected patient information to
			 any individual or entity outside the Board.
(c) "Non-Protected Patient Information" means
			 patient information that the Board may have in its records or files that is not
			 protected or otherwise exempt from disclosure under state or federal law.
(d) "Protected Patient
			 Information" means patient information that the Board may have in its records
			 or files that is exempt from disclosure under state or federal law, including,
			 but not limited to, individually identifiable health information relating to
			 mental health records, alcohol and drug treatment records, and genetic
			 information.
(e) "Re-disclosure"
			 means the disclosure of information to a person or other entity other than the
			 person or entity to whom disclosure was originally authorized.
(f) "Representative" means a person who has
			 authority to act on behalf of a patient, including, but not limited to, the
			 patient's attorney or legal guardian.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0001 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PSRB Hearings
			 are open to the public, except Board deliberations.
(2) The Board, Board staff, or the security
			 staff at the hearings' location may limit physical items or persons permitted
			 inside the hearings room to ensure safety and hearing decorum. This may include
			 limiting personal items such as cell phones and weapons, as well as restricting
			 access to persons who are disruptive to the decorum of the hearing or limiting
			 numbers of persons when the number of attendees in the hearings room exceeds
			 the fire marshal's safety code. Victims, treatment team members and patient's
			 guests will be given priority seating.
(3) When PSRB hearings are held at any branch
			 or part of Oregon State Hospital (OSH), OSH security policies will be
			 followed.
(4) For protocol for
			 media participation in hearings, see OAR 859-050-0105.
(5) A copy of a recorded hearing on CD may be
			 obtained by written request. A charge of $5.00 per CD will be assessed unless
			 the requestor is the patient, employed by an agency that is providing treatment
			 to a patient, a victim of the instant offense, or a party.
Stat. Auth.: ORS
				  161.387,
				  192.501,
				  192.502,
				  192.610 et seq.
Stat. Implemented: ORS
				  161.387,
				  192.501,
				  192.502,
				  192.610
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0005 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
Written notice of hearings will be given to those indicated in
				ORS
				161.346(5)
				and
				161.326.
(1) Those given notice under ORS
			 161.346(5)
			 and
			 161.326 include
			 the:
(a) Person about whom the hearing is
			 being conducted;
(b) Attorney
			 representing the person under PSRB jurisdiction;
(c) District attorney;
(d) Community supervisor or case
			 monitor;
(e) Court or department of
			 the county from which the person was committed;
(f) The victim, if the court or Board finds
			 the victim requests notification;
(g) Any other interested person requesting
			 notification;
(h) Forensic unit of
			 Oregon State Hospital;
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0010 - Scheduling of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 scheduling of hearings will be driven by the statutory timelines found in ORS
			 Chapter 161.
(2) Hospital requests
			 for conditional release hearings will generally be prioritized over other types
			 of hearings.
(3) Frequent docketing
			 changes are common. For the most up-to-date information, Board staff should be
			 contacted at least one day before the scheduled hearing.
(4) The order of hearings on a given hearings
			 day is generally not available until at least two (2) days before the hearing
			 and is subject to change.
(5)
			 Victims, witnesses and interested parties are encouraged to notify Board staff
			 immediately of hearings-day time constraints. The Board considers reasonable
			 scheduling restrictions from victims, witnesses and the parties.
Stat. Auth.: ORS
				  161.387,
				  161.341
Stats. Implemented: ORS
				  161.341
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0020 - Chairperson Conducting Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
During Board hearings, the Chairperson or acting Chairperson
				will preside. The Chairperson will designate the order of presentation and
				questioning. The Chairperson will also determine the scope of questioning and
				may set time limits and cut off irrelevant questions and irrelevant or
				unresponsive answers.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.385
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0025 - Patients Right to Review Record; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
Patients will receive written notice of hearings and directly,
				or through their attorneys, a statement of their rights in accordance with ORS
				161.346. All exhibits to be
				considered by the Board will be disclosed to the patient attorney or the
				patient, if proceeding pro se, as soon as they are available:
(1) Exhibits not available prior to the
			 hearing will be made available to the patient's attorney or the patient, if not
			 represented, at the hearing.
(2)
			 All material relevant and pertinent to the patient and issues before the Board
			 will be made a part of the record.
(3) Only evidence deemed admissible becomes
			 part of the patient's exhibit file.
(4) Material that is not part of the
			 patient's exhibit file may not be releasable to the patient or to the parties
			 unless authorized by the Board for good cause. The Board will review the
			 material to determine if any administrative rule or law prohibits disclosure.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0030 - Evidence Considered; Admissibility

Current through Register Vol. 63, No. 7, July 1, 2024
The Board will consider all material, relevant, and reliable
				evidence available to it. All evidence of a type commonly relied upon by
				reasonably prudent persons in the conduct of their serious affairs will be
				admissible, including, but not limited to, the following:
(1) The record of trial.
(2) Information supplied by the state's
			 attorney or any interested party, including the patient.
(3) Information concerning the patient's
			 mental condition, incident reports and monthly progress reports.
(4) The patient's entire psychiatric and
			 criminal history, including motor vehicle records.
(5) Jurisdictional reports ordered by the
			 Board under ORS
			 161.346(3).
(6) Jurisdictional reports under ORS
			 161.341(2),
			 written by a person chosen by the state or the patient to examine the
			 patient.
(7) Testimony of
			 witnesses.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.336,
				  ORS
				  161.341  & ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0035 - Motion Practice

Current through Register Vol. 63, No. 7, July 1, 2024
Any party bringing a motion before the Board will submit it to
				the Board and the opposing party one week prior to the scheduled hearing date.
				This rule does not apply to requests for set-overs for good cause, or to
				requests for continuation.
Stat. Auth.: ORS 161
Stats. Implemented: ORS
				  161.346
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0040 - Objections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Evidentiary
			 objections: The Chairperson or acting Chairperson will rule on questions of
			 evidence. Hearsay evidence will not be excluded unless the Chairperson or
			 acting Chairperson determines the evidence is not material, relevant or
			 reliable.
(a) In determining whether the
			 evidence is material, relevant or reliable, the Board will consider the
			 following:
(A) The age and source of the
			 documents;
(B) The ability of the
			 witness to have observed and had personal knowledge of the incidents;
(C) The credibility of the witness and
			 whether the witness has bias or interest in the matter.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0045 - Witnesses and Documents; Subpoena

Current through Register Vol. 63, No. 7, July 1, 2024
Witnesses or documents may be subpoenaed as provided in ORS
				161.395 upon
				request of any party to the hearing or on the Board's own motion, upon a proper
				showing of the general relevance and reasonable scope of the documentary or
				physical evidence sought:
(1)
			 Witnesses with a subpoena other than parties or state officers or employees
			 will receive fees and mileage, as prescribed by law.
(2) The Legislature has provided that a judge
			 of the Circuit Court of the county in which the hearing is held will compel
			 obedience by proceeding for contempt for failure of any person to comply with
			 the subpoena issued.
(3) Board
			 staff will prepare subpoenas duces tecum and subpoenas for testimony requested
			 by either party. However, the party requesting the subpoena is responsible for
			 serving the subpoena.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.346  & ORS
				  161.395
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES › Section 859-050-0050 - Testimony Given on Oath

Current through Register Vol. 63, No. 7, July 1, 2024
The Board will take testimony of a witness upon oath or
				affirmation of the witness administered by the Chairperson or acting
				Chairperson at the hearing.
Statutory/Other Authority: ORS
				  161.387
Statutes/Other Implemented: ORS
				  161.346  & ORS
				  161.385