OAR 309-108-0015


All personal property that a patient or resident brings into the institution at the time of admission must be itemized in writing with an accompanying description, regardless of where the item is stored.


Staff shall encourage and assist patients and residents to mark all personal property in such a way which identifies it as an individual patient’s or resident’s possession.


Any medications brought by the patient or resident at the time of admission should be sent home with a legal guardian or family member if possible. If this is not possible, the medication must be marked with the patient’s or resident’s name and case number and sent to the pharmacy of the state institution until the patient or resident is discharged.


Patients and residents may bring, or have brought or sent in, nutritional supplements (e.g., vitamins and minerals), and may use them provided that the patient’s or resident’s treating physician inspects, tests, or otherwise checks the substance claimed to be a nutritional supplement and determines that:


The substance is a nutritional supplement;


The substance is safe for human consumption or use; and


Use or consumption of the nutritional supplement will not interfere with the testing, diagnosis, treatment, or training of the patient or resident; and


The nutritional supplements are kept by the ward or cottage staff in a secure place and dispensed upon request.


Any items sent through the mail or given by a visitor to a patient or resident become the personal property of that patient or resident and shall be handled in accordance with the procedures set forth in these rules.


Prohibited items shall be handled as follows:


The rules regarding the possession of prohibited items shall be discussed with the patient or resident and if the patient or resident is an unemancipated minor or legally incapacitated, the patient’s or resident’s parent or legal guardian, and such items shall be disposed of as follows:


Given to the patient’s or resident’s parent, guardian, spouse, friend, attorney, or other person designated by the patient or resident;


In the case of gifts, returned to the sender or giver;


Kept in a secure location on the ward or cottage or central location of the institution for delivery to the patient or resident upon release or discharge from the institution; or


Destroyed in the presence of at least two employees of the state institution.


If agreement cannot be reached over the disposition of such items, the patient or resident may appeal the proposed disposition of prohibited items pursuant to the Division’s grievance procedures in OAR 309-118-0000 (Purpose and Scope) through 309-118-0050 (Posting of OSH Grievance Process). The state institution must retain the prohibited item in a secure location until a decision is made;


The possession of items prohibited by law shall be turned over to the appropriate law enforcement authorities.


Searches shall adhere to the following restrictions:


Except for visual inspection of nose, mouth or ears without digital intrusion, all internal examinations must be conducted by either a physician or a nurse and only upon authorization of the superintendent or designee;


Except for physicians and nurses, only same sex personnel shall carry out searches of a patient/resident’s person except in emergencies;


Upon completion of searches of a patient/resident’s living area and personal property staff shall return the area to a neat and orderly condition and ensure that authorized property is in no way damaged or dispossessed.


State institutions shall develop written procedures for handling missing personal property. These procedures may include the involvement of law enforcement authorities.
Last Updated

Jun. 8, 2021

Rule 309-108-0015’s source at or​.us