OAR 309-033-0720
Application, Training and Minimum Staffing Requirements


(1)

Only the following facilities shall be certified pursuant to this rule and the procedures found OAR 309-008-0100 (Purpose and Scope) to 309-008-1600 (Variance) to use seclusion or restraint:

(a)

Community hospitals licensed by the Public Health Division;

(b)

Regional acute care facilities for adults certified by the Division pursuant to OAR 309-032-0850 (Purpose) through 309-032-0890 (Variances); and

(c)

Non-hospital facilities certified by the Division pursuant to OAR 309-033-0500 (Statement of Purpose and Statutory Authority) through 309-033-0550 (Standards for the Approval of Hospitals Detaining Persons In Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility).

(2)

Applications. Certification for the use of seclusion and restraints must be accomplished by submission of an application, and by the application process described in OAR 309-008-0100 (Purpose and Scope) to 309-008-1600 (Variance). Continued certification is subject to hospital or facility reviews at frequencies determined by the Division.

(3)

Requirements for Certification. In order to be certified for the use of seclusion and restraint, the Division must be satisfied that the hospital or facility meets the following requirements:

(a)

Medical staffing. An adequate number of nurses, direct care staff, physicians, nurse practitioners or physician assistants shall be available at the hospital or facility, to provide emergency medical services which may be required. For hospitals, a letter from the chief of the medical staff or medical director of the hospital or facility, ensuring such availability, shall constitute satisfaction of this requirement. For non-hospital facilities, a written agreement with a local hospital, to provide such medical services may fulfill this requirement. When such an agreement is not possible, a written agreement with a local physician to provide such medical services may fulfill this requirement.

(b)

Direct Care Staff Training. A staff person must be trained and able to demonstrate competency in the application of restraints and implementation of seclusion during the following intervals:

(A)

A new staff person must be trained within the six months prior to providing direct patient care or as part of orientation; and

(B)

Subsequently on a periodic basis consistent with the hospital or facility policy.

(c)

Documentation in the staff personnel records must indicate the training and demonstration of competency were successfully completed.

(d)

Trainer Qualifications. Individuals providing staff training must be qualified as evidenced by education, training, and experience in techniques used to address a person’s behaviors.

(e)

Training Curriculum. The training required for direct care staff must include:

(A)

Standards for the proper use of seclusion and restraints as described in OAR 309-033-0730 (Seclusion and Restraint Procedures);

(B)

Identification of medication side effects;

(C)

Indicators of medical problems and medical crisis;

(D)

Techniques to identify staff and patient behaviors, events, and environmental factors that may trigger circumstances that require the use of a restraint or seclusion;

(E)

The use of non-physical intervention skills;

(F)

Choosing the least restrictive intervention based on an individualized assessment of the person’s medical, or behavioral status or condition;

(G)

The safe application and use of all types of restraint or seclusion used in the hospital or facility, including training in how to recognize and respond to sign of physical or psychological distress;

(H)

Clinical identification of specific behavioral changes that indicate that restraint or seclusion is no longer necessary;

(I)

Monitoring the physical and psychological well-being of the patient who is restrained or secluded, including but not limited to respiratory and circulatory status, skin integrity, vital signs, and any special requirements specified by the hospital or facility policies and procedures; and

(J)

The use of first aid techniques and certification in the use of cardio-pulmonary resuscitation, including periodic recertification.

Source: Rule 309-033-0720 — Application, Training and Minimum Staffing Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0720.

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 309-033-0720’s source at or​.us