OAR 309-106-0010
Policy


(1)

The Division recognizes the needs of patients and residents to have access to and maintain contact with family members and the community of which they are a part as well as the needs of family and community members to have access to patients and residents. Except as provided in section (6) of this rule, patients and residents have the right to receive visits from anyone they wish.

(2)

State institutions shall provide designated places for visitations to occur in as much comfort and privacy as possible.

(3)

State institutions may set reasonable limitations on visitation hours.

(4)

State institutions shall post visitation rules and restrictions on every living unit and in the administration area.

(5)

A patient’s or resident’s lawyer, physician or clergy shall not be restricted to the time and place limitations established by the institution under sections (2) and (3) of this rule.

(6)

State institutions shall have the right to restrict visitation under the following circumstances:

(a)

The patient or resident refuses to see the visitor;

(b)

Reasonable cause exists to believe that the visitor would be harmful to the patient’s or resident’s physical or mental health;

(c)

The visitor’s behavior is unreasonably disruptive to the institution or any part thereof;

(d)

Reasonable cause exists to believe that the visitor would endanger the safety of patients, residents or staff by introducing contraband or assisting in planning or executing escape from the institution;

(e)

The visit would constitute an unreasonable intrusion into the privacy of one or more residents or patients;

(f)

Alcohol and drug programs in state institutions may impose a programmatic restriction on visitation of up to two weeks for newly admitted patients. Exceptions to this restriction are the patient’s lawyer, clergy, and private physician;

(g)

Intentionally left blank —Ed.

(A)

The patient or resident has been adjudicated incompetent and has a legal guardian, or the patient or resident is an unemancipated minor;

(B)

The legal guardian or custodial parent of the patient or resident has requested a restriction and has demonstrated good cause therefor; and

(C)

The treating physician or qualified mental retardation professional has ordered the restriction pursuant to the request of the legal guardian or custodial parent.

(7)

Violation of the rights, policies, and procedures set forth in these rules by an employee of the Division constitutes cause for disciplinary action.
Last Updated

Jun. 8, 2021

Rule 309-106-0010’s source at or​.us