OAR 309-033-0310
Recertification for Continued Commitment

(1)

Recertification for continued commitment of persons placed in a state hospital:

(a)

After consulting with the director of the person’s county of residence, the superintendent shall issue a recertification to:

(A)

The person whose 180 day period of commitment is due to expire, if the person is still mentally ill and in need of further treatment; and

(B)

The director.

(b)

The superintendent shall notify the court concerning:

(A)

The date the recertification was issued to the person; and

(B)

Whether the person protests, within 14 days of the issuance of the recertification, to continued commitment.

(2)

Recertification for continued commitment of persons placed in a community hospital or nonhospital facility:

(a)

After consulting with the director of the person’s county of residence, the director shall issue a recertification to:

(A)

The person whose 180 day period of commitment is due to expire, if the person is still mentally ill and in need of further treatment; and

(B)

The director of the person’s county of residence.

(b)

The director shall notify the court concerning:

(A)

The date recertification was issued to the person; and

(B)

Whether the person protests continued commitment, within 14 days of the issuance of the recertification.

(3)

Documentation of recertification for continued commitment in the clinical record. The director or the superintendent making the recertification shall include in the clinical record:

(a)

The date and time the director’s approval of continued commitment was obtained prior to the recertification being issued to the person;

(b)

The date and time the recertification was issued to the persons;

(c)

A copy of the recertification issued to the person;

(d)

Concerning the notification to the court of the date the recertification was issued to the person:

(A)

The date and time that the court was notified of the issuance of the recertification to the person; and

(B)

A copy of the notification.

(e)

Concerning the notification to the court of whether the person protests continued commitment, within 14 days of the issuance of the recertification:

(A)

The date and time that the court was notified of whether the person protests; and

(B)

A copy of the notification to the court whether the person protests.

(f)

If an examination is requested by the person:

(A)

The name of the psychiatrist or the certified mental health examiner ordered by the court to conduct the examination;

(B)

The date that the examination was conducted; and

(C)

A copy of the examination report sent to the court.

(g)

If the court orders continued commitment, a copy of the order continuing the commitment; and

(h)

If the court orders the release of the person:

(A)

A copy of the order requiring release;

(B)

If the person consents to services upon discharge, a copy of an aftercare plan signed by the person and the name of the case manager responsible for arranging outpatient services; or

(C)

If the person refuses services upon discharge, a statement signed by the person indicating the person’s refusal of outpatient services; and

(D)

The date and time the person was released from the facility.

Source: Rule 309-033-0310 — Recertification for Continued Commitment, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0310.

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 309-033-0310’s source at or​.us