OAR 309-033-0610
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)(1)(a). Whenever “administrator” appears it means the administrator or designee.

(2)

“Assistant Administrator” means the Assistant Administrator of the Addictions and Mental Health Division.

(3)

“Clinical record” means the record required by OAR 309-014-0035 (Delivery of CMHP Service Elements), General Standards for Delivery of Community Mental Health Services Elements, documenting the mental health services delivered to clients by a CMHP or subcontractor.

(4)

“Community Mental Health Program” (CMHP) the entity responsible for organization of various services for persons with a mental health diagnosis or addictive disorders, operated by, or contractually affiliated with, a local mental health authority and operated in a specific geographic area of the state under an agreement with the Division pursuant to OAR 309-014-0000 (Purpose and Statutory Authority)

(5)

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

(6)

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

(7)

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

(a)

A peace officer 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 at the direction of the director pursuant to ORS 426.233 (Authority of community mental health program director and of other individuals)(1);

(c)

A health care facility licensed under ORS Chapter 431 (State and Local Administration and Enforcement of Public Health Laws) 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).

(8)

“Designee” means a QMHP designated by the director or a QMHP who is specifically authorized by the county governing body to order persons to be taken into custody pursuant to ORS 426.233 (Authority of community mental health program director and of other individuals).

(9)

“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 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.

(10)

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

(11)

“Legally incapacitated person” means a person who has been found by the court to be unable to give informed consent to medical treatment and the court has appointed a guardian to make such decisions on the person’s behalf pursuant to ORS 126.127.

(12)

“Material risk” means the risk may have a substantial adverse effect on the patient’s psychological and/or physical health. Tardive dyskinesia is a material risk of neuroleptic medication.

(13)

“Nurse” means a registered nurse or a psychiatric nurse practitioner licensed by the Oregon Board of Nursing, but does not include a licensed practical nurse or a certified nurse assistant.

(14)

“Person” means a consumer of mental health services committed to the Division who is admitted to a community hospital, nonhospital facility or residential facility for care, custody or treatment of mental illness.

(15)

“Psychiatrist” means a physician licensed as provided pursuant to ORS 677.010 (Definitions for chapter) to 677.450 (Release of certain information to health care facilities) by the Board of Medical Examiners for the State of Oregon and who has completed an approved residency training program in psychiatry.

(16)

“Psychologist” means a clinical psychologist licensed by the Oregon Board of Psychologist Examiners.

(17)

“QMHP” means a qualified mental health professional that meets the following minimum qualifications:

(a)

Psychiatrist licensed to practice in the State of Oregon;

(b)

Physician licensed to practice in the State of Oregon;

(c)

Graduate degree in psychology;

(d)

Graduate degree in social work;

(e)

Graduate degree in psychiatric nursing and licensed in the State of Oregon;

(f)

Graduate degree in another mental health-related field; or

(g)

Any other person whose education and experience meet, in the judgment of the Division, a level of competence consistent with the responsibilities required by the Division.

(18)

“Significant procedure” means a diagnostic or treatment modality which poses a material risk of substantial pain or harm to the patient or resident such as, but not limited to, psychotropic medication and electro-convulsive therapy.

(19)

“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 309-033-0610 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0610.

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 309-033-0610’s source at or​.us