(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.
Rule 309-033-0610 — Definitions,