OAR 309-033-0430
Transportation of a Committed Person to a State Hospital, Community Hospital or Nonhospital Facility

(1)

Transportation of a committed person to a state hospital, community hospital or nonhospital facility. The director of the county of commitment shall arrange for the transportation of committed persons to the hospital or nonhospital facility:

(a)

Only committed persons who have received prior approval for admission by the superintendent may be transported to a state hospital;

(b)

A guardian, friend or relative may transport the committed person to the designated facility if all the following are met:

(A)

The guardian, friend, or relative requests to transport the person to the designated facility prior to or at the time of the commitment hearing;

(B)

The committing judge at the commitment hearing determines that the means of transportation would not be detrimental to the welfare of the mentally ill person or to the public.

(2)

Medically unstable committed persons. The costs of providing care, custody and treatment for a committed person who is unable to be transported or cannot be admitted to a state hospital because of medical necessity shall be paid by the county of residence from funds provided it by the Division for the provision of mental health services. The hospital or other facility shall charge to and collect from the county of residence only after the hospital or other facility has charged to and collected from the person, third party payers or agencies otherwise legally responsible for the costs of emergency care, custody and treatment, as it would for any other patient.

(3)

Transfer of a committed person to another hospital. The administrator of a facility caring for a committed person may transfer the person only with the recommendation of the director of the county of residence and the approval of the administrator of the receiving facility.

(4)

Transfer of a committed person to voluntary status or discharge for commitment. The superintendent of a state hospital, on his/her own initiative or on the request of the committed person, shall transfer the committed person to voluntary status if the superintendent believes with reasonable medical certainty that the person will pursue voluntary treatment. The superintendent of a state hospital may discharge the person from commitment when the person meets the criteria for discharge in OAR 309-031-0210, Criteria for Admission to and Discharge from State or Other Adult Inpatient Psychiatric Hospitals:

(a)

The administrator of a community hospital or nonhospital facility, other than a state hospital, caring for the committed person, in consultation with the director, may transfer the person to voluntary status or discharge the person from commitment;

(b)

When a person is transferred to voluntary status, the superintendent or administrator shall notify the director and the court of the county of current commitment of such action within 72 hours;

(c)

Any committed person transferred to voluntary status shall be discharged from the treating facility, at the request of the person or his legal guardian, within 72 hours of the request unless the person meets the criteria for prehearing custody and is placed in custody, thus initiating the commitment process.

(5)

Grievance of transfer. The director and the superintendent shall have written procedures for resolving grievances about the transfer of committed persons from one facility to another. The director or the superintendent shall suspend the transfer of the person, until the grievance procedure is completed, unless immediate transfer is necessary for health or safety, upon the written or verbal protest of one of the following persons:

(a)

The person being transferred;

(b)

The legal guardian of the person being transferred.

Source: Rule 309-033-0430 — Transportation of a Committed Person to a State Hospital, Community Hospital or Nonhospital Facility, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0430.

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 309-033-0430’s source at or​.us