OAR 309-018-0105
Definitions

(1) “Abuse of an Adult” means the circumstances defined in OAR 407-045-0260 (Adult Developmental Disabilities Abuse Rules: Definitions) for abuse of an adult with mental illness.
(2) “Abuse of a Child” means the circumstances defined in ORS 419B.005 (Definitions).
(3) “Health Systems Services and Supports” means all services and supports including but not limited to Outpatient Community Mental Health Services and Supports for Children and Adults, Intensive Treatment Services for Children, Outpatient and Residential Substance Use Disorders Treatment Services, and Outpatient and Residential Problem Gambling Treatment Services.
(4) “Adolescent” means an individual from 12 through 17 years of age or those individuals who are determined to be developmentally appropriate for youth services.
(5) “Adult” means a person 18 years of age or older or an emancipated minor. An individual with Medicaid eligibility, who is in need of services specific to children, adolescents, or young adults in transition, shall be considered a child until age 21 for the purposes of these rules. Adults who are between the ages of 18 and 21, who are considered children for purposes of these rules, shall have all rights afforded to adults as specified in these rules.
(6) “Assessment” means the process of obtaining sufficient information through a face-to-face interview to determine a diagnosis and to plan individualized services and supports.
(7) “ASAM Criteria” means the most current edition of the American Society of Addiction Medicine (ASAM) for the Treatment of Addictive, Substance-related, and Co-Occurring Conditions, which is a clinical guide to develop patient-centered service plans and make objective decisions about admission, continuing care, and transfer or discharge for individuals and is incorporated by reference in these rules.
(8) “Authority” means the Oregon Health Authority.
(9) “Behavioral Health Treatment” means treatment for mental health, substance use disorders, and problem gambling.
(10) “Case Management” means the services provided to assist individuals who reside in a community setting, or are transitioning to a community setting in gaining access to needed medical, social, educational, entitlement, and other applicable services.
(11) “Certificate” means the document or documents issued by the Division, which identifies and declares certification of a provider pursuant to OAR 309-008-0100 (Purpose and Scope) to 309-008-1600 (Variance). A letter accompanying issuance of the certificate shall detail the scope and approved service delivery locations of the certificate.
(12) “Child” means an individual under the age of 18. An individual with Medicaid eligibility, who is in need of services specific to children, adolescents, or young adults in transition, shall be considered a child until age 21 for purposes of these rules.
(13) “Chief Officer” means the Chief Health Systems Officer of the Health Systems Division or designee.
(14) “Clinical Supervision” means oversight by a qualified clinical supervisor of substance use, problem gambling, or mental health services and supports provided according to this rule, including ongoing evaluation and improvement of the effectiveness of those services and supports.
(15) “Clinical Supervisor” means a person qualified to oversee and evaluate substance use, problem gambling, or mental health services and supports.
(16) “Co-occurring Substance Use and Mental Health Disorders (COD)” means the existence of a diagnosis of both a substance use disorder and a mental health disorder.
(17) “Court” means the last convicting or ruling court unless specifically noted.
(18) “Criminal Records Check” means the Oregon Criminal Records Check and the processes and procedures required by OAR 943-007-0001 (Background Checks) through 943-007-0501 (Contesting a Final Fitness Determination).
(19) “Crisis” means either an actual or perceived urgent or emergent situation that occurs when an individual’s stability or functioning is disrupted and there is an immediate need to resolve the situation to prevent a serious deterioration in the individual’s mental or physical health or to prevent referral to a significantly higher level of care.
(20) “Cultural Competence” means the process by which people and systems respond respectfully and effectively to people of all cultures, languages, classes, races, ethnic backgrounds, disabilities, religions, genders, sexual orientations, and other diversity factors in a manner that recognizes, affirms, and values the worth of individuals, families, and communities and protects and preserves the dignity of each.
(21) “Culturally Specific Program” means a program that is designed to meet the unique service needs of a specific culture and that provides services to a majority of individuals representing that culture.
(22) “Diagnosis” means the principal mental health, substance use or problem gambling diagnosis listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM). The diagnosis is determined through the assessment and any examinations, tests, or consultations suggested by the assessment and are the medically appropriate reason for services.
(23) “Division” means the Health Systems Division of the Oregon Health Authority, or its designee.
(24) “DSM” means the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
(25) “Emergent” means the onset of symptoms requiring attention within 24 hours to prevent serious deterioration in mental or physical health or threat to safety.
(26) “Entry” means the act or process of acceptance and enrollment into services regulated by this rule.
(27) “Face to Face” means a personal interaction where both words can be heard and facial expressions can be seen in person or through telehealth services where there is a live streaming audio and video, if clinically appropriate.
(28) “Family” means the biological or legal parents, siblings, other relatives, foster parents, legal guardians, spouse, domestic partner, caregivers, and other primary relations to the individual whether by blood, adoption, legal, or social relationships. Family also means any natural, formal, or informal support persons identified as important by the individual.
(29) “Gender Identity” means a person’s self-identification of gender without regard to legal or biological identification, including but not limited to persons identifying themselves as male, female, transgender, and transsexual.
(30) “Gender Presentation” means the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, mannerisms, speech patterns, and social interactions.
(31) “Grievance” means a formal complaint submitted to a provider verbally or in writing by an individual or the individual’s chosen representative, pertaining to the denial or delivery of services and supports.
(32) “Guardian” means an individual appointed by a court of law to act as guardian of a minor or a legally incapacitated person.
(33) “HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996 and the regulations published in Title 45, parts 160 and 164, of the Code of Federal Regulations (CFR).
(34) “Incident Report” means a written description of any incident involving an individual or child of an individual receiving services occurring on the premises of the program or involving program staff or a Service Plan activity including but not limited to injury, major illness, accident, act of physical aggression, medication error, suspected abuse or neglect, or any other unusual incident that presents a risk to health and safety.
(35) “Individual” means any individual being considered for or receiving services and supports regulated by these rules.
(36) “Informed Consent for Services” means that the service options, risks and benefits have been explained to the individual and guardian, if applicable, in a manner that they comprehend, and the individual and guardian, if applicable, have consented to the services on, or prior to, the first date of service.
(37) “Interim Referral and Information Services” means services provided by a substance use disorders treatment provider to individuals on a waiting list and whose services are funded by the Substance Abuse Prevention and Treatment (SAPT) Block Grant to reduce the adverse health effects of substance use, promote the health of the individual, and reduce the risk of disease transmission.
(38) “Intern” or “Student” means an individual who provides a paid or unpaid program service to complete a credentialed or accredited educational program recognized by the State of Oregon.
(39) “Level of Care” means the range of available services provided from the most integrated setting to the most restrictive and most intensive in an inpatient setting.
(40) “Licensed Health Care Professional” means a practitioner of the healing arts acting within the scope of his or her practice under State law who is licensed by a recognized governing board in Oregon.
(41) "Licensed Medical Practitioner (LMP)” means an individual who meets the following minimum qualifications as documented by the Local Mental Health Authority (LMHA) or designee:
(a) Physician licensed to practice in the State of Oregon; or
(b) Nurse practitioner licensed to practice in the State of Oregon; or
(c) Physician’s Assistant licensed to practice in the State of Oregon; and
(d) Whose training, experience, and competence demonstrate the ability to conduct a mental health assessment and provide medication management.
(42) “Local Mental Health Authority (LMHA)” means one of the following entities:
(a) The board of county commissioners of one or more counties that establishes or operates a CMHP;
(b) The tribal council in the case of a federally recognized tribe of Native Americans that elects to enter into an agreement to provide mental health services; or
(c) A regional local mental health authority comprised of two or more boards of county commissioners.
(43) “Medicaid” means the federal grant-in-aid program to state governments to provide medical assistance to eligible persons under Title XIX of the Social Security Act.
(44) “Medical Director” means a physician licensed to practice medicine in the State of Oregon and who is designated by a substance use disorders treatment program to be responsible for the program’s medical services, either as an employee or through a contract.
(45) “Medically Appropriate” means services and medical supplies required for prevention, diagnosis, or treatment of a physical or behavioral health condition or injuries and that are:
(a) Consistent with the symptoms of a health condition or treatment of a health condition;
(b) Appropriate with regard to standards of good health practice and generally recognized by the relevant scientific community and professional standards of care as effective;
(c) Not solely for the convenience of an individual or a provider of the service or medical supplies; and
(d) The most cost effective of the alternative levels of medical services or medical supplies that can be safely provided to an individual.
(46) “Medication Administration Record” means the documentation of the administration of written or verbal orders for medication, laboratory, and other medical procedures issued by an LMP acting within the scope of his or her license.
(47) “Medication Assisted Treatment (MAT)” means the use of medication in combination with counseling and behavioral therapies for the treatment of substance use disorders.
(48) “Oregon Health Authority” means the Oregon Health Authority of the State of Oregon.
(49) “Outreach” means the delivery of behavioral health services, referral services, and case management services in non-traditional settings, including but not limited to the individual’s residence, shelters, streets, jails, transitional housing sites, drop-in centers, single room occupancy hotels, child welfare settings, educational settings, or medical settings. It also refers to attempts made to engage or re-engage an individual in services by such means as letters or telephone calls.
(50) “Peer” means any individual supporting an individual or the individual’s family member who has similar life experience, either as a current or former recipient of substance use, problem gambling, or mental health services, or as a family member of an individual who is a current or former recipient of substance use, problem gambling, or mental health services.
(51) “Peer-Delivered Services” are community-based services and supports provided by peers and peer support specialists to individuals or family members with similar lived experience. These services are intended to support individuals and families to engage individuals in ongoing treatment and to live successfully in the community.
(52) “Peer Support Specialist” means a qualified individual providing peer delivered services to an individual or family member with similar life experience under the supervision of a qualified clinical supervisor and a qualified peer delivered services supervisor as resources are made available. A peer support specialist shall be:
(a) A self-identified individual currently or formerly receiving substance use, problem gambling or mental health services;
(b) A self-identified individual in recovery from a substance use disorder who meets the abstinence requirements for recovering staff in substance use disorders treatment and recovery programs;
(c) A self-identified individual in recovery from problem gambling; or
(d) A person who has experience parenting a child who:
(A) Is a current or former consumer of mental health or substance use treatment; or
(B) Is facing or has faced difficulties in accessing education and health and wellness services due to a mental health or behavioral health barrier.
(53) “Peer Support and Peer Wellness Specialist Supervision" means supervision by a qualified clinical supervisor and a qualified peer delivered services supervisor as resources are available. The supports provided include guidance in the unique discipline of peer delivered services and the roles of peer support specialists and peer wellness specialists.
(54) “Peer Delivered Services Supervisor" means a qualified individual certified as a PSS or PWS with at least one year of experience as a PSS or PWS in behavioral health services to evaluate and guide PSS and PWS program staff in the delivery of peer delivered services and supports.
(55) “Peer Wellness Specialist” means an individual who supports an individual in identifying behavioral health service and support needs through community outreach, assisting individuals with access to available services and resources, addressing barriers to services, and providing education and information about available resources and behavioral health issues in order to reduce stigma and discrimination toward consumers of behavioral health services and to provide direct services to assist individuals in creating and maintaining recovery, health, and wellness under the supervision of a qualified clinical supervisor and a qualified peer delivered services supervisor as resources are made available. A peer wellness specialist shall be:
(a) A self-identified individual currently or formerly receiving mental health services; or
(b) A self-identified individual in recovery from a substance use or gambling disorders who meets the abstinence requirements for recovering staff in substance use disorders or gambling treatment programs; or
(c) A family member of an individual who is a current or former recipient of substance use, mental health, or problem gambling services.
(56) “Problem Gambling Treatment Staff” means a person certified or licensed by a health or allied provider agency to provide problem gambling treatment services that include assessment, development of a Service Plan, group and family counseling.
(57) “Program” means a particular type or level of service that is organizationally distinct.
(58) “Program Administrator” or “Program Director” means a person with appropriate professional qualifications and experience who is designated to manage the operation of a program.
(59) “Program Staff” means an employee or person who, by contract with the program, provides a service and who has the applicable competencies, qualifications, or certification required in this rule to provide the service.
(60) “Provider” means an organizational entity or qualified individual that is operated by or contractually affiliated with a community mental health program or contracted directly with the Division for the direct delivery of substance use, problem gambling, or mental health services and supports.
(61) “Publicly Funded” means financial support, in part or in full, with revenue generated by a local, state, or federal government.
(62) “Quality Assessment and Performance Improvement” means the structured, internal monitoring and evaluation of services to improve processes, service delivery, and service outcomes.
(63) “Recovery” means a process of healing and transformation for a person to achieve full human potential and personhood in leading a meaningful life in communities of his or her choice.
(64) “Representative” means a person who acts on behalf of an individual at the individual’s request with respect to a grievance, including but not limited to a relative, friend, employee of the Division, attorney, or legal guardian.
(65) “Resilience” means the universal capacity that a person uses to prevent, minimize, or overcome the effects of adversity. Resilience reflects a person’s strengths as protective factors and assets for positive development.
(66) “Residential Substance Use Disorders Treatment Program" means a publicly or privately operated program as defined in ORS 430.010 (Definitions) that provides assessment, treatment, rehabilitation, and twenty-four hour observation and monitoring for individuals with substance use dependence, consistent with Level III of ASAM PCC.
(67) “Residential Problem Gambling Treatment Program” means a publicly or privately operated program that is licensed in accordance with OAR 415-012-0000 (Purpose and Scope) through 415-012-0090 (Variances) that provides assessment, treatment, rehabilitation, and twenty-four hour observation and monitoring for individuals with gambling related problems.
(68) “Screening” means the process to determine whether the individual needs further assessment to identify circumstances requiring referrals or additional services and supports.
(69) “Service Delivery Rules” means the OAR describing specific regulatory standards for the possible array of services covered by certificates issued under chapter 309, division 8.
(70) “Service Plan” means a comprehensive plan for services and supports provided to or coordinated with an individual and his or her family, as applicable, that is reflective of the assessment and the intended outcomes of service.
(71) “Service Note” means the written record of services and supports provided, including documentation of progress toward intended outcomes, consistent with the timelines stated in the service plan.
(72) “Service Record” means the documentation, written or electronic, regarding an individual and resulting from entry, assessment, orientation, services and supports planning, services and supports provided, and transfer.
(73) “Services” means those activities and treatments described in the Service Plan that are intended to assist the individual’s transition to recovery from a substance use disorder, problem gambling disorder, or mental health condition and to promote resiliency and rehabilitative and functional individual and family outcomes.
(74) “Signature” means any written or electronic means of entering the name, date of authentication, and credentials of the person providing a specific service or the person authorizing services and supports. Signature also means any written or electronic means of entering the name and date of authentication of the individual receiving services, the guardian of the individual receiving services, or any authorized representative of the individual receiving services.
(75) “Skills Training” means providing information and training to individuals and families designed to assist with the development of skills in areas including but not limited to anger management, stress reduction, conflict resolution, self-esteem, parent-child interactions, personal relationships, drug and alcohol awareness, behavior support, symptom management, accessing community services, and daily living.
(76) “Substance Abuse Prevention and Treatment Block Grant” or “SAPT Block Grant” means the federal block grants for prevention and treatment of substance abuse under Public Law 102-321 (31 U.S.C. 7301-7305) and the regulations published in Title 45 Part 96 of the Code of Federal Regulations.
(77) “Substance Use Disorders” means disorders related to the taking of a drug of abuse including alcohol to the side effects of a medication and to a toxin exposure. The disorders include substance use disorders such as substance dependence and substance abuse and substance-induced disorders, including substance intoxication, withdrawal, delirium, and dementia, as well as substance induced psychotic disorder, mood disorder, etc., as defined in DSM criteria.
(78) “Substance Use Disorders Treatment and Recovery Services” means outpatient, intensive outpatient, and residential services and supports for individuals with substance use disorders.
(79) “Substance Use Disorders Treatment Staff” means a person certified or licensed by a health or allied provider agency to provide substance use disorders treatment services that include assessment, development of a Service Plan, and individual, group, and family counseling.
(80) “Supports” means activities, referrals, and supportive relationships designed to enhance the services delivered to individuals and families for the purpose of facilitating progress toward intended outcomes.
(81) “Transfer” means the process of assisting an individual to transition from the current services to the next appropriate setting or level of care.
(82) “Trauma Informed Services” means services that are reflective of the consideration and evaluation of the role that trauma plays in the lives of people seeking mental health, substance use, or problem gambling services, including recognition of the traumatic effect of misdiagnosis and coercive treatment. Services are responsive to the vulnerabilities of trauma survivors and are delivered in a way that avoids inadvertent re-traumatization and facilitates individual direction of services.
(83) “Treatment” means the planned, medically appropriate, individualized program of medical, psychological, and rehabilitative procedures, experiences and activities designed to remediate symptoms of a DSM diagnosis that are included in the Service Plan.
(84) “Urinalysis Test” means an initial test and, if positive, a confirmatory test:
(a) An initial test shall include, at a minimum, a sensitive, rapid, and inexpensive immunoassay screen to eliminate “true negative” specimens from further consideration;
(b) A confirmatory test is a second analytical procedure used to identify the presence of a specific drug or metabolite in a urine specimen. The confirmatory test shall be by a different analytical method from that of the initial test to ensure reliability and accuracy;
(c) All urinalysis tests shall be performed by laboratories meeting the requirements of OAR 333-024-0305 (Testing for Substances of Abuse: Purpose and Scope) to 333-024-0365 (Testing for Substances of Abuse: Substance of Abuse Registration).
(85) “Urgent” means the onset of symptoms requiring attention within 48 hours to prevent a serious deterioration in an individual’s mental or physical health or threat to safety.
(86) “Variance” means an exception from a provision of these rules, granted in writing by the Division, upon written application from the provider. Duration of a variance is determined on a case-by-case basis.
(87) “Volunteer” means an individual who provides a program service or who takes part in a program service and who is not an employee of the program and is not paid for services. The services shall be non-clinical unless the individual has the required credentials to provide a clinical service.
(88) “Wellness” means an approach to healthcare that emphasizes good physical and mental health, preventing illness, and prolonging life.

Source: Rule 309-018-0105 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-018-0105.

Last Updated

Jun. 8, 2021

Rule 309-018-0105’s source at or​.us