OAR 309-033-0420
Transportation and Transfer of Persons in Custody or On Diversion
(1)
Notification of court. The director shall immediately inform the court of a transfer and the location of the person and of the time the person is admitted to a new hospital or nonhospital facility.(2)
Transfer of persons in custody or on diversion. The director may transfer a person who is in custody or on diversion only when:(a)
The director believes there is an approved facility available that can provide necessary care or treatment which is sufficient to meet the emergency psychiatric needs of the person;(b)
The facility is 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), Approval of Hospitals and Nonhospital Facilities to Provide Services to Committed Persons and to Persons in Custody and on Diversion, to provide care, custody and treatment of persons in custody or on diversion;(c)
The director has obtained the consent required by OAR 309-033-0420 (Transportation and Transfer of Persons in Custody or On Diversion)(3), Consent by Treating Physician and Receiving Physician or Director for Transfer Between Hospitals, through 309-033-0420 (Transportation and Transfer of Persons in Custody or On Diversion)(4), Consent by Treating Physician for Transfer from Nonhospital Facility to Hospital.(3)
Consent by treating physician and receiving physician or director for transfer between hospitals. If the transfer is from a hospital to another hospital or to a nonhospital facility, the director shall obtain the consent of the treating physician, and the receiving physician or the director of the nonhospital facility, prior to transferring the person:(a)
The treating physician shall give consent by writing in the person’s clinical record an order over the physician’s signature within 24 hours of giving verbal, telephonic or facsimile consent;(b)
The receiving physician at a hospital or the administrator of a nonhospital facility shall accept the transfer orally or telephonically, and shall document the acceptance in the clinical record of the person.(4)
Consent by treating physician for transfer from nonhospital facility to hospital. If the transfer is from a nonhospital facility to a hospital, the director shall obtain the consent of the receiving physician prior to transferring the person:(a)
The receiving physician shall give consent by writing in the person’s clinical record an order over the physician’s signature within 24 hours of giving verbal, telephonic or facsimile consent to admit the person to the hospital;(b)
The director shall provide the nonhospital facility written approval of the transfer within 24 hours of giving verbal, telephonic or facsimile approval of the transfer;(c)
The administrator of the nonhospital facility shall document the director’s verbal or telephonic approval and retain written approval of the transfer in the clinical record of the person.(5)
Consent by administrator for transfer between nonhospital facilities. If the transfer is from one nonhospital facility to another nonhospital facility, the director shall obtain the verbal, telephonic or facsimile consent of the administrator of the receiving nonhospital facility prior to transferring the person:(a)
The administrator of the receiving nonhospital facility shall consent to the transfer by documenting in the person’s clinical record the consent within 24 hours of giving verbal, telephonic or facsimile consent;(b)
The director shall provide the nonhospital facility written approval of the transfer within 24 hours of giving verbal, telephonic or facsimile approval of the transfer;(c)
The administrator of the sending nonhospital facility shall document the director’s verbal, telephonic or facsimile approval and retain written approval of the transfer in the clinical record of the person.(6)
Notice to person to be transferred. Except in cases of emergency, twenty-four hours before the transfer is to take place, the director shall provide a notice to the person to be transferred which includes:(a)
Transfer date and time;(b)
A statement that the person may use the grievance procedure; and a brief description of how to initiate a grievance; and(c)
Justification for the transfer.
Source:
Rule 309-033-0420 — Transportation and Transfer of Persons in Custody or On Diversion, https://secure.sos.state.or.us/oard/view.action?ruleNumber=309-033-0420.