OAR 309-033-0410
Definitions

(1)

“Administrator” means the chief of psychiatric services in a community hospital or the person in charge of treatment and rehabilitation programs at nonhospital facilities. “Administrator” has the same meaning as “director of the facility” as that term is defined in ORS 426.005 (Definitions for ORS 426.005 to 426.390). Whenever “administrator” appears it means the administrator or designee.

(2)

“CMHP” means the community mental health and developmental disabilities program which is operated by or contractually affiliated with a local mental health authority operating in a specific geographic area of the state under an intergovernmental agreement or direct contract with the Division.

(3)

“Community hospital” means any hospital that is not a state hospital.

(4)

“Court” means the circuit court acting pursuant to ORS Chapter 426 (Persons With Mental Illness).

(5)

“Custody” means the prehearing physical retaining of a person taken into custody by:

(a)

A peace officer or approved secure transport provider pursuant to ORS 426.070 (Initiation), 426.228 (Custody), 426.233 (Authority of community mental health program director and of other individuals);

(b)

A peace officer or approved secure transport provider at the direction of the director pursuant to ORS 426.233 (Authority of community mental health program director and of other individuals);

(c)

A health care facility licensed under ORS Chapter 441 (Health Care Facilities) and approved by the Division, pursuant to ORS 426.231 (Hold by licensed independent practitioner);

(d)

A state hospital pursuant to ORS 426.180 (Emergency commitment of individuals in Indian country);

(e)

A hospital pursuant to ORS 426.070 (Initiation) or 426.232 (Emergency admission); or

(f)

A nonhospital facility pursuant to ORS 426.070 (Initiation) or 426.233 (Authority of community mental health program director and of other individuals).

(6)

“Director” means the community mental health and developmental disabilities program director who has been authorized by the local mental health authority to direct the CMHP. “Director” also means a person who has been authorized by the director to act in the director’s capacity for the purpose of this rule. In the case of the director ordering a peace officer or approved secure transport provider to take a person into custody pursuant to ORS 426.233 (Authority of community mental health program director and of other individuals), the designee shall be a QMHP who is specifically authorized by the county governing body to order persons to be taken into custody.

(7)

“Director of the county of commitment” means the director for the county where the person is committed.

(8)

“Division” means the Addictions and Mental Health Division of the Oregon Health Authority.

(9)

“Mechanical Restraint” is any object or apparatus, device or contraption applied or affixed to the person to limit movement, and includes, but is not limited to handcuffs, leg irons, soft restraints or Posey Strait Jacket.

(10)

“Secure transport provider” means any service which uses privately or publicly owned motor vehicles, other than city, county or state police, to transport Persons in Custody or on Diversion to an Approved Holding Hospital or Non-Hospital Facility.

(11)

“State hospital” means Oregon State Hospital in Salem and Portland, and Eastern Oregon Psychiatric Center in Pendleton.

(12)

“Superintendent” means the chief executive officer of a state hospital, or designee, or a person authorized by the superintendent to act in the superintendent’s capacity for the purpose of this rule.

Source: Rule 309-033-0410 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0410.

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 309-033-0410’s source at or​.us