Diversion from Commitment Hearing
(1)Notice to court by director. The director and a psychiatrist may certify a person for diversion at any time up to three judicial days after the person has been taken into custody.
(2)Treatment plan. The director and the treating psychiatrist shall prepare a treatment plan that describes, in general terms, the types of treatment and medication to be provided during the diversion. The general treatment plan shall be descriptive of the range of services and medications to be provided, and shall include a description of:
(a)Any of the following classes of medication, if medication is to be administered:
(D)Anti-anxiety medications; or
(E)Anti-side effect medications.
(b)Mental health interventions, therapies or diagnostic procedures to be employed;
(c)The person’s preferences about medications and therapies and any limitations on the specific use of medications or therapies to which the director and the treating psychiatrist have agreed;
(d)Location where treatment is to be initiated and the type of hospital or nonhospital facilities where the person may be transferred during the diversion; or
(e)Other conditions or limitations agreed to by the person and the director concerning the care or treatment that is to be provided.
(3)Notice to person. At the initiation of the diversion period, the director and the psychiatrist shall inform the person verbally, and in writing, of the usual and typical restraints or seclusion which may be employed in an emergency to assure health or safety.
(4)Psychiatrist to provide information. The psychiatrist shall provide the information described in OAR 309-033-0620 (Obtaining Informed Consent to Treatment From a Person and the Administration of Significant Procedures Without the Informed Consent of a Committed Person), Procedures for Obtaining Informed Consent and Information to be Given, when administering a specific medication.
(5)Consent for non-psychiatric care. A treating physician shall obtain the person’s consent for non-psychiatric medical care and treatments which may be prescribed during the diversion. The general treatment plan for psychiatric intervention shall not include plans for non-psychiatric medical care or treatment.
(6)Refusal of treatment/demand for discharge. The person on diversion may refuse psychiatric treatment described in the general treatment plan or demand discharge at any time during the diversion by signing the form described in this paragraph or, if the person refuses to sign the form, by verbally making his or her refusal of treatment or demand for discharge known to two staff of the facility. In accepting the person’s refusal of treatment or demand for discharge the staff of the facility shall:
(a)Provide the person a warning, both verbally and in writing, at the person’s first indication that he/she wishes to refuse treatment or demand discharge, which states:
(b)If the person refuses treatment, demands discharge or requests a hearing, offer the person the following form to sign:
(c)If the person refuses to sign the form described in this section and verbally or nonverbally refuses treatment, the staff of the facility shall document the person’s refusal on the form and in the person’s clinical record;
(d)Immediately upon the person’s refusal of treatment, demand for discharge or request for a hearing, the treating physician shall treat the person as a person in custody, as provided under ORS 426.072 (Care while in custody), and shall immediately notify the director. The director shall immediately request a hearing.
(7)Director of the county of residence approval of payment for diversion. A person shall be on diversion only if payment for the care, custody and treatment is approved verbally by the director of the county of residence as provided under ORS 426.237 (Prehearing detention). The director of the county of residence’s approval shall be documented by a written statement, signed by the director, and distributed by the end of the diversion period as follows:
(a)The original shall be filed in the clinical record at the CMHP; and
(b)A copy shall be delivered to each facility serving the person during the diversion.
Rule 309-033-0260 — Diversion from Commitment Hearing,