OAR 309-033-0280
Procedures for Committed Persons on Outpatient Commitment or Trial Visit

(1)

Outpatient commitment. At the time of the commitment hearing the director may place a committed person on an outpatient commitment if adequate treatment services are available in the county. The director shall be responsible for:

(a)

Enrolling the committed person in treatment services and assuring that the committed person has an opportunity to participate in the development of the treatment plan;

(b)

Distributing the conditions of placement as pursuant to ORS 426.278 (Distribution of copies of conditions for outpatient commitment or trial visit) and OAR 309-033-0280 (Procedures for Committed Persons on Outpatient Commitment or Trial Visit), Distribution of the Conditions of Placement, below;

(c)

Monitoring and documenting the provision and consumption of services which fulfill the conditions set for the outpatient commitment;

(d)

Petitioning the court for a revocation hearing if the best interests of the committed person require a modification in the conditions of placement for a treatment option which is more restrictive;

(e)

With the participation of the committed person, changing the conditions to less restrictive conditions, if appropriate; and

(f)

Documenting in the clinical record any conditions of placement requiring modification by means of a report which:

(A)

Documents the need for a change in the conditions of outpatient commitment;

(B)

Sets new conditions of commitment;

(C)

Describes the reasons for the new conditions;

(D)

Is signed by the committed person and the mental health professional assigned to the case, or, if the committed person refuses to sign the new conditions of placement, such fact shall be documented in the report; and

(E)

Documents that a copy of the changes and the reasons for the changes was distributed to appropriate persons described in OAR 309-033-0280 (Procedures for Committed Persons on Outpatient Commitment or Trial Visit), Distribution of the Conditions of Placement, below.

(2)

Trial visit. The director may grant a trial visit to any committed person during a period of commitment, upon approval of the director of the county of placement. A director may grant a trial visit to any committed person during a period of community inpatient treatment. While it may be clinically advisable, the director is not required to obtain the consent or signature of the committed person:

(a)

Trial visit of a committed person shall not exceed the time remaining in the period of commitment;

(b)

Conditions for trial visit shall include designation of a facility, service or other provider to provide care or treatment;

(c)

The director shall place the person on trial visit in accordance with OAR 309-033-0290 (Assignment and Placement of Persons Committed to the Division), Assignment and Placement of Persons Committed to the Division;

(d)

The director shall evaluate any complaints received from any person concerning the behavior or treatment of a committed person on trial visit. The director shall document the results of the evaluation in the clinical record;

(e)

Modification of the conditions of trial visit. The director may modify the conditions of placement for trial visit:

(A)

Any modification shall not include a treatment option which is more restrictive than the current conditions of placement;

(B)

The director shall petition the court for a revocation hearing if the best interests of the committed person require a modification in the conditions of placement for a treatment option which is more restrictive;

(C)

The director shall document in the clinical record any conditions of placement requiring modification by means of a report which:
(i)
Documents the need for a change in the conditions of outpatient commitment;
(ii)
Sets new conditions of commitment;
(iii)
Describes the reasons for the new conditions;
(iv)
Is signed by the committed person and the mental health professional assigned to the case, or, if the committed person refuses to sign the new conditions of placement, such fact shall be documented in the clinical record; and
(v)
Documents that a copy of the changes and the reasons for the changes was distributed to appropriate persons provided under ORS 426.278 (Distribution of copies of conditions for outpatient commitment or trial visit) and OAR 309-033-0280 (Procedures for Committed Persons on Outpatient Commitment or Trial Visit), Distribution of the Conditions of Placement, below.

(f)

Transfer of trial visit to another county. The director may transfer a person on trial visit to another county only if the director for the county where the person will reside agrees to accept the trial visit:

(A)

The director of the county where the person currently resides shall provide the director of the county where the person will reside a copy of the current treatment plan for the person on trial visit;

(B)

Immediately upon accepting the trial visit the director of the county where the person will reside shall enroll the person on trial visit in treatment services and shall make any modifications in the trial visit as necessary and distribute the modified conditions of placement as required under OAR 309-033-0280 (Procedures for Committed Persons on Outpatient Commitment or Trial Visit), Distribution of the Conditions of Placement, below.

(3)

Distribution of the conditions of placement. When a committed person is placed on conditional release, outpatient commitment or trial visit, or when the conditions of placement are modified in any manner, the current conditions of placement shall be distributed by the director to the following persons, pursuant to ORS 426.278 (Distribution of copies of conditions for outpatient commitment or trial visit):

(a)

The committed person;

(b)

The director of the county in which the committed person is to receive hospital, nonhospital or outpatient treatment;

(c)

The administrator of any facility, service or other provider designated to provide care or treatment;

(d)

The court of current commitment; and

(e)

The appropriate court of the county in which the committed person lives during the commitment period if the person is living in a different county than the county of the court that made the current commitment.

Source: Rule 309-033-0280 — Procedures for Committed Persons on Outpatient Commitment or Trial Visit, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0280.

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 309-033-0280’s source at or​.us