OAR 309-033-0520
Classes of Facility that Provide Care, Custody or Treatment to Committed Persons or to Persons In Custody or On Diversion


(1)

Division to assign classification. The Division shall assign a classification to a facility approved to serve a person committed to the Division under ORS 426.130 (Court determination of mental illness), or a person in custody pursuant to ORS 426.232 (Emergency admission), 426.233 (Authority of community mental health program director and of other individuals), or on diversion pursuant to 426.237 (Prehearing detention).

(2)

Class 1. A Class 1 facility is a facility that is approved under applicable administrative rules to be locked to prevent a person from leaving the facility, to use seclusion and restraint, and to involuntarily administer psychiatric medication. This class of facility includes:

(a)

A state hospital;

(b)

A hospital, regional acute psychiatric care facility or other 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;

(c)

A facility which, in the opinion of the Division, restricts the liberty of a person to substantially the same degree as other facilities in this class.

(3)

Class 2. A Class 2 facility is a facility that is approved under applicable administrative rules to be locked to prevent a person from leaving the facility. This class of facility includes:

(a)

A secure residential facility that is approved under OAR 309-035-0100 (Purpose and Scope) through 309-035-0190 (Person-Centered Service Plan), Residential Care Facilities for Mentally or Emotionally Disturbed Persons, and that is approved by the Division to be locked to prevent a person from leaving the facility;

(b)

A facility which, in the opinion of the Division, restricts the liberty of a person to substantially the same degree as other facilities in this class.

(4)

Class 3. A Class 3 facility is a residential facility that is approved under OAR 309-035-0100 (Purpose and Scope) through 0309-035-0190, Residential Care Facilities for Mentally or Emotionally Disturbed Persons. A Class 3 facility shall not lock its doors to prevent a person from leaving the facility.

Source: Rule 309-033-0520 — Classes of Facility that Provide Care, Custody or Treatment to Committed Persons or to Persons In Custody or On Diversion, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0520.

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 309-033-0520’s source at or​.us