OAR 309-102-0120
Patient Rights Related to Mail

(1)

Except as outlined in OAR 309-102-0130 (Mail Suspected To Contain Contraband, Limited Items or Evidence of a Crime) through 309-102-0140 (Disposition of Mail Retained or Delivered To Patient), all patients in state institutions shall have the right to communicate freely by sending and receiving sealed mail.

(2)

All journalist, legal or other mail may be sent or delivered by hand or via any parcel delivery service.

(3)

Except as provided in ORS 309-102-0130 (Mail Suspected To Contain Contraband, Limited Items or Evidence of a Crime) through 309-102-0140 (Disposition of Mail Retained or Delivered To Patient), no employee or any person acting through or on behalf of the Division shall:

(a)

Open, read, censor, inspect or otherwise examine any patient’s incoming or outgoing mail without the expressed permission of the patient who is the sender or the receiver of the mail;

(b)

Prevent, obstruct or delay any patient’s outgoing mail from being promptly mailed; or

(c)

Prevent, obstruct or delay any patient’s incoming mail from being promptly delivered to the patient.

(4)

Except as required for treatment reasons, employees having read or examined a patient’s mail shall protect the patient’s confidentiality by refraining from discussions related to the mail.

(5)

A patient shall be promptly informed, verbally and in writing, of:

(a)

Any limitation to the right to send or receive sealed mail;

(b)

Any item having been opened by staff; and

(c)

Any item being held pursuant to these rules.

(6)

At the request of a patient with a need, an employee may assist in reading or sending mail. Need for this assistance shall first be documented in the patient’s Treatment Care Plan by the physician.

(7)

Patients shall be provided a reasonable amount of writing material by the state institution, as defined in policy. Stamps shall be available for purchase by patients with funds. Patients without funds will be provided a reasonable number of stamps by the state institution, as defined in policy.

(8)

The exchange of electronic mail is an earned privilege and is related to the patient’s recent behaviors, current level of care and other privileges.

(9)

The application of these rules may be contested by way of the state institution’s grievance procedures.

Source: Rule 309-102-0120 — Patient Rights Related to Mail, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-102-0120.

Last Updated

Jun. 8, 2021

Rule 309-102-0120’s source at or​.us