OAR 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


(1)

A secure transport provider must be approved by the Division under this rule in order to transport a person pursuant to the provisions of ORS 426.228 (Custody), 426.231 (Hold by licensed independent practitioner), and 426.233 (Authority of community mental health program director and of other individuals). A Secure transport provider approved under this rule may transport the person only to a hospital or nonhospital facility 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).

(2)

A secure transport provider shall submit a letter of application to the Division. If approved, the Division shall issue a certificate of approval to provide transportation services. This approval shall be renewed every two years subject to the application of the secure transport provider and review by the Division.

(3)

Requirements for approval include all of the following:

(a)

Secure transport providers must comply with the requirements in OAR 309-033-0435 (Client Rights with Regards to a Secure Transport Provider) (Client Rights with Regards to a Secure Transport Provider) and OAR 309-033-0437 (Mechanical Restraint by a Secure Transport Provider) (Mechanical Restraint by a Secure Transport Provider).

(b)

The governing body of the county in which the secure transport is to be used shall submit a letter formally authorizing the secure transport provider to transport persons in custody or on diversion.

(c)

The director in the county in which the secure transport is to be used shall submit a letter of recommendation for approval to the Division on behalf of the secure transport provider.

(d)

The secure transport provider’s vehicles must:

(A)

Have a secured rear seat in an area separated from the driver:

(B)

Have a safety shield that prohibits physical contact with the driver;

(C)

Have plexiglass or secured window guards covering any windows in the secured area;

(D)

Be washable and non-breakable in the secured area;

(E)

Be absent of inside locks or door handles in the secured area;

(F)

Have wrist and ankle restraints (preferably soft non-metal) for use when necessary to control violent or overt behavior;

(G)

Be absent of any foreign items or instruments in the secured area that may be used by the client to inflict harm to self, attendant or person accompanying the client;

(H)

Have an operating cellular phone or other communication device for use in transit;

(I)

Have adequate ventilation and heating appropriate to the secured seating; or

(J)

Be licensed as an ambulance service in accordance with OAR 333-250-0040, if providing transportation to a Psychiatric Emergency Services (PES) facility.

Source: Rule 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, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0432.

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 309-033-0432’s source at or​.us