OAR 309-033-0270
Provision of Care, Custody and Treatment of Persons Committed to the Division

(1)

Provision of rights. In addition to the rights provided under ORS 426.385 (Rights of committed persons), committed persons also have the rights provided under ORS 430.205 (Definitions for ORS 430.205 and 430.210) through 430.210 (Rights of persons receiving mental health services) and this rule, including:

(a)

A Committed Person’s Right to Fresh Air. For the purpose of this rule, these terms have the following meanings:

(A)

“Fresh air” means the inflow of air from outside the facility where the committed person is receiving services. “Fresh air” may be accessed through an open window or similar method as well as through access to the outdoors.

(B)

“Outdoors” means an area with fresh air that is not completely enclosed overhead. “Outdoors” may include a courtyard or similar area.

(b)

If a committed person requests access to fresh air and the outdoors or the committed person’s treating health care provider determines that fresh air or the outdoors would be beneficial to the committed person, the facility in which the committed person is receiving services shall provide daily access to fresh air and the outdoors unless this access would create a significant risk of harm to the committed person or others.

(c)

The determination whether a significant risk of harm to the committed person or others exists shall be made by the committed person’s treating health care provider. The treating health care provider may find that a significant risk of harm to the committed person or others exists if:

(A)

The committed person’s individual circumstances and condition indicate an unreasonable risk of harm to the committed person or others which cannot be reasonably accommodated within existing programming should the committed person be allowed access to fresh air and the outdoors; or

(B)

The facility’s existing physical plant or existing staffing prevent the provision of access to fresh air and the outdoors in a manner than maintains the safety of the committed person or others.

(d)

If a facility determines that its existing physical plant prevents the provision of access to fresh air and the outdoors in a safe manner, the facility shall make a good faith effort at the time of any significant renovation to the physical plant that involves renovation of the unit or relocation of where committed persons are treated to include changes to the physical plan or location that allow access to fresh air and the outdoors, so long as such changes do not add an unreasonable amount to the cost of the renovation.

(2)

Provision of care at a state hospital. The superintendent of the state hospital serving the county of commitment shall be responsible for all admissions to the state hospital:

(a)

The superintendent, in consultation with the director, shall determine whether the best interests of a committed person are served by an admission to the state hospital;

(b)

The superintendent shall implement policies and procedures which afford a committed person placed in a state hospital the rights provided by ORS 426.385 (Rights of committed persons), 430.205 (Definitions for ORS 430.205 and 430.210) through 430.210 (Rights of persons receiving mental health services) and this rule.

(3)

Provision of care at a community hospital. The director shall assign and place a committed person only at a community hospital approved under OAR 309-033-0530 (Approval of Hospitals and Nonhospital Facilities to Provide Services to Committed Persons and to Persons In Custody and On Diversion):

(a)

The admitting physician, in consultation with the director, shall determine whether the best interests of a committed person are served by an admission to a community hospital;

(b)

The administrator shall implement policies and procedures which afford a committed person placed in a community hospital the rights provided by ORS 426.385 (Rights of committed persons), 430.205 (Definitions for ORS 430.205 and 430.210) through 430.210 (Rights of persons receiving mental health services) and this rule.

(4)

Provision of care at a nonhospital facility or an outpatient program. The director shall only assign and place a committed person in a nonhospital facility that is licensed or certified by the Division:

(a)

The administrator, in consultation with the director, shall determine whether the best interests of a committed person are served by an admission to a nonhospital facility or an outpatient program;

(b)

The administrator shall implement policies and procedures which afford a committed person placed in a nonhospital facility or an outpatient program the rights provided by ORS 426.385 (Rights of committed persons), 430.205 (Definitions for ORS 430.205 and 430.210) through 430.210 (Rights of persons receiving mental health services) and this rule;

(c)

The director shall place on a trial visit a committed person who is discharged from a state hospital or a community hospital when the director assigns and places the person in a nonhospital facility;

(d)

The director shall place a committed person, who the court has ordered on outpatient commitment at the commitment hearing, on outpatient commitment when the director assigns and places the person in a nonhospital facility.

(5)

Provision of medical services for a committed person. The superintendent of a state hospital, the treating physician at a community hospital or the director may transfer a committed person to a general hospital, or transfer a committed person from a psychiatric ward to a medical ward for medical care:

(a)

The treating physician shall only provide medical care with the consent of the committed person in accordance with OAR 309-033-0600 (Statement of Purpose and Statutory Authority) through 309-033-0650 (Variances);

(b)

The superintendent or treating physician shall transfer a committed person to a general hospital for medical services on a pass or discharge the person from the state hospital when it is determined that the person will not return to the state hospital within a reasonable length of time, or that discharge is clinically appropriate and is required for the person to have access to third-party insurance benefits;

(c)

The treating physician shall immediately notify the director that a person was transferred to another hospital for medical care under this subsection.

Source: Rule 309-033-0270 — Provision of Care, Custody and Treatment of Persons Committed to the Division, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0270.

309–033–0200
Statement of Purpose and Statutory Authority 309–033–0210
Definitions 309–033–0220
General Standards 309–033–0230
Custody of Persons Alleged to Be Mentally Ill Prior to Filing a Notification of Mental Illness 309–033–0240
Initiation of the Civil Commitment Process 309–033–0250
Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention 309–033–0260
Diversion from Commitment Hearing 309–033–0270
Provision of Care, Custody and Treatment of Persons Committed to the Division 309–033–0280
Procedures for Committed Persons on Outpatient Commitment or Trial Visit 309–033–0290
Assignment and Placement of Persons Committed to the Division 309–033–0300
Transfers Between Classes of Facilities 309–033–0310
Recertification for Continued Commitment 309–033–0320
Revocation of Conditional Release, Outpatient Commitment or Trial Visit 309–033–0330
Discharge of Committed Persons, Who Are Placed in the Community, from Commitment Status 309–033–0340
Variances 309–033–0400
Statement of Purpose and Statutory Authority 309–033–0410
Definitions 309–033–0420
Transportation and Transfer of Persons in Custody or On Diversion 309–033–0430
Transportation of a Committed Person to a State Hospital, Community Hospital or Nonhospital Facility 309–033–0432
Standards for the Approval of a Secure Transport Provider to Transport a Person in Custody or On Diversion to an Approved Holding Hospital or Nonhospital Facility 309–033–0435
Client Rights with Regards to a Secure Transport Provider 309–033–0437
Mechanical Restraint by a Secure Transport Provider 309–033–0440
Variance 309–033–0500
Statement of Purpose and Statutory Authority 309–033–0510
Definitions 309–033–0520
Classes of Facility that Provide Care, Custody or Treatment to Committed Persons or to Persons In Custody or On Diversion 309–033–0530
Approval of Hospitals and Nonhospital Facilities to Provide Services to Committed Persons and to Persons In Custody and On Diversion 309–033–0540
Administrative Requirements for Hospitals and Nonhospital Facilities Approved to Provide Services to Persons In Custody 309–033–0550
Standards for the Approval of Hospitals Detaining Persons In Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility 309–033–0560
Variances 309–033–0600
Statement of Purpose and Statutory Authority 309–033–0610
Definitions 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 309–033–0625
Administration of Medication and Treatment without the Informed Consent of a Person in Custody 309–033–0630
Administration of Significant Procedures in Emergencies Without the Informed Consent of a Committed Person 309–033–0640
Involuntary Administration of Significant Procedures to a Committed Person With Good Cause 309–033–0650
Variances 309–033–0700
Purpose and Scope 309–033–0710
Definitions 309–033–0720
Application, Training and Minimum Staffing Requirements 309–033–0725
Medical Services 309–033–0727
Structural and Physical Requirements 309–033–0730
Seclusion and Restraint Procedures 309–033–0732
Time Limits 309–033–0733
Documentation 309–033–0735
Quarterly Reports 309–033–0740
Variances 309–033–0800
Statement of Purpose and Statutory Authority 309–033–0810
Definitions 309–033–0820
Denial of Payment for Services to Persons In Custody or On Diversion 309–033–0830
Variances 309–033–0900
Statement of Purpose and Statutory Authority 309–033–0910
Definitions 309–033–0920
Certification of Mental Health Investigators 309–033–0930
Investigation of Person Alleged to Be a Mentally Ill Person 309–033–0940
The Investigation Report 309–033–0950
Certification of Mental Health Examiners 309–033–0960
Mental Health Examiner’s Report to the Court 309–033–0970
Variances
Last Updated

Jun. 8, 2021

Rule 309-033-0270’s source at or​.us