OAR 309-033-0300
Transfers Between Classes of Facilities

(1)

Transfers between classes of facilities. The director may transfer a committed person from one class of facility to another in the same class or in a less restrictive class as provided by ORS 426.060 (Commitment to Oregon Health Authority). However, the director shall transfer a committed person who has voluntarily agreed to placement at the facility only with the written consent of the person. The director shall transfer committed persons as provided by OAR 309-033-0400 (Statement of Purpose and Statutory Authority) through 309-033-0440 (Variance), Standards for Transportation and Transfer of Persons in Custody or on Diversion, and OAR 309-033-0290 (Assignment and Placement of Persons Committed to the Division), Assignment and Placement of Persons Committed to the Division. The director shall modify the conditions of trial visit to reflect the change of placement and shall notify the following persons of the transfer:

(a)

The committed person;

(b)

The court in the county where the person was committed;

(c)

The court in the county where the person is to be placed;

(d)

The director in the county where the person is to reside;

(e)

The administrator of the facility designated to provide care or treatment; and

(f)

Any other provider designated to provide care or treatment.

(2)

Transfers restricted by rule. The director may transfer a committed person from a facility of one class to another facility of a same class or lower class by:

(a)

Assigning the committed person to the new facility; and

(b)

Modifying the person’s commitment status as follows:

(A)

Persons transferred to a Class 2 or Class 3 facility. When the director transfers a committed person to a Class 2 or Class 3 facility, the director shall place the person on trial visit (see OAR 309-033-0290 (Assignment and Placement of Persons Committed to the Division), Assignment and Placement of Persons Committed to the Division);

(B)

Transfers between Class 1 hospitals or facilities. The director shall transfer a person between Class 1 hospitals or facilities without placing the committed person on trial visit; or

(C)

Transfer to any facility and discharged from commitment. When the director determines a committed person is no longer a mentally ill person, the director shall discharge the person from commitment (see OAR 309-033-0330 (Discharge of Committed Persons, Who Are Placed in the Community, from Commitment Status), Discharge of Committed Persons from Commitment Status) and enroll the person in services voluntarily at the receiving facility.

(3)

Transfers from a facility of one class to a facility of a more restrictive class:

(a)

Involuntary transfers of committed persons. The director shall transfer a committed person, who is on trial visit, to a facility of a more restrictive class only:

(A)

By order of the court after a hearing, pursuant to ORS 426.275 (Effect of failure to adhere to condition of placement); or

(B)

Initiate involuntary procedures as provided in this paragraph and as provided by ORS 426.233 (Authority of community mental health program director and of other individuals) (see subparagraph (c) of this paragraph).

(b)

Voluntary transfers of committed persons. The director may transfer a committed person, who is on trial visit, to a facility of a more restrictive class with the committed person’s consent. However, if the committed person revokes his/her consent to the current more restrictive placement and requests to be placed at another facility of a less restrictive class, as soon as reasonably possible the director shall:

(A)

Transfer the person to a facility where the person consents to receive services; or

(B)

Initiate involuntary procedures as provided in this paragraph and by ORS 426.233 (Authority of community mental health program director and of other individuals).

(c)

Emergency transfers of committed persons. As provided by ORS 426.233 (Authority of community mental health program director and of other individuals), the director may transfer a committed person, who is on trial visit, to a hospital or nonhospital facility approved by the Division when the director has probable cause to believe the person is dangerous to self or others or unable to provide for basic personal needs and is not receiving the care that is necessary for health and safety, and is in need of care, custody or treatment for mental illness. Upon the recommendation of the investigator, the director shall request the court to revoke the person’s trial visit or recertify the person for continued commitment at a more restrictive facility as provided by ORS 426.275 (Effect of failure to adhere to condition of placement).

(4)

Authority to retake persons. A Class 1 or Class 2 facility shall immediately notify a peace officer and the Division of any person who has left the facility without lawful authority and shall immediately request the assistance of a peace officer(s) in retaking and returning the person to a Division-approved hospital or facility. The director shall show the peace officer a copy of the order of commitment.

Source: Rule 309-033-0300 — Transfers Between Classes of Facilities, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0300.

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 309-033-0300’s source at or​.us