OAR 309-114-0005
Definitions

As used in these rules:
(1) “Authorized Representative” or “representative” means an individual who represents a party in a contested case hearing; the representative must be supervised by an attorney that is licensed by the Oregon State Bar.
(2) “Chief Medical Officer” means the physician designated by the superintendent of each state institution pursuant to ORS 426.020 (Superintendent)(2) who is responsible for the administration of medical treatment at each state institution.
(3) “Committed” or “Commitment” means an individual is admitted under ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony), 161.328 (Commitment of person found guilty except for insanity of misdemeanor), 161.370 (Determination of fitness to proceed), 426.701 (Commitment of “extremely dangerous” person with mental illness), 426.130 (Court determination of mental illness), 427.215 (Need for commitment) or 426.220 (Voluntary admission) when the individual’s guardian or health care representative is unavailable or unable to consent
(4) “Dangerousness” means either:
(a) A substantial risk that physical harm will be inflicted by an individual upon his own person, as evidenced by threats, including verbal threats or attempts to commit suicide or inflict physical harm on him or herself. Evidence of substantial risk may include information about historical patterns of behavior that resulted in serious harm being inflicted by an individual upon him or herself as those patterns relate to the current risk of harm;
(b) A substantial risk that physical harm will be inflicted by an individual upon another individual, as evidenced by recent acts, behavior or threats, including verbal threats, which have caused such harm or which would place a reasonable person in reasonable fear of sustaining such harm. Evidence of substantial risk may include information about historical patterns of behavior
(5) “Division” means the State Hospitals Division of the Oregon Health Authority.
(6) “Guardian” means a legal guardian who is an individual appointed by a court of law to act as guardian of a minor or a legally incapacitated person.
(7) “Health Care Representative” means a person who has authority to make health care decisions for a patient.
(8) “Independent examining physician” is a board-eligible psychiatrist, who shall have been subjected to review by the medical staff executive committee as to qualifications to make such an examination, shall have been provided with a copy of administration rules OAR 309-114-0000 (Purpose) through 309-114-0030 (Notice to Patients and Employees) and shall have participated in a training program regarding these rules, their meaning and application. The independent examining physician shall not be directly involved in the patient’s current or past treatment or diagnosis, excluding time spent solely as an on-call provider.
(9) “Legally Incapacitated” means having been found by a court of law under ORS 426.295 (Judicial determination of competency) to be unable, without assistance, to properly manage or take care of one’s personal affairs, or who is a person under guardianship.
(10) “Material Risk.” A risk is material if it may have a substantial adverse effect on the patient’s psychological or physical health, or both. Tardive dyskinesia is a material risk of
neuroleptic medication. Other risks include, but are not limited to raised blood pressure, onset of diabetes and metabolic changes.
(11) “Patient” means an individual who is receiving care and treatment in a state institution for the mentally ill.
(12) Patient with a “grave disability” means a patient who:
(a) Is in danger of serious physical harm to his or her health or safety absent the proposed significant procedures; or
(b) Manifests severe deterioration in routine functioning evidenced by loss of cognitive or volitional control over his or her actions which is likely to result in serious harm absent the proposed significant procedures.
(13) “Person Committed to the Division” or “Person” means an individual committed under ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony), 161.328 (Commitment of person found guilty except for insanity of misdemeanor), 426.701 (Commitment of “extremely dangerous” person with mental illness), 426.220 (Voluntary admission), 161.370 (Determination of fitness to proceed), 426.130 (Court determination of mental illness), or 427.215 (Need for commitment).
(14) “Psychiatric Nurse Practitioner,” means a registered nurse with prescription authority who independently provides health care to clients with mental and emotional needs or disorders.
(15) “Routine Medical Procedure” means a procedure customarily administered by facility medical staff under circumstances involving little or no risk of causing injury to a patient including, but not limited to physical examinations, blood draws, influenza vaccinations, tuberculosis (TB) testing, human immunodeficiency virus (HIV) testing and hygiene.
(16) “Significant Procedure” means a diagnostic or treatment modality and all significant procedures of a similar class that pose a material risk of substantial pain or harm to the patient such as, but not limited to psychotropic medication and electro-convulsive therapy. Significant procedures do not include routine medical procedures.
(17) “Significant Procedures of a Similar Class” means a diagnostic or treatment modality that presents substantially similar material risks as the significant procedure listed on the treating physician’s or psychiatric nurse practitioner’s informed consent form and is generally considered in current clinical practice to be a substitute treatment or belong to the same class of medications as the listed significant procedure.
(a) For purposes of these rules, medications listed in subsections 176 (a)(A) through 176(a)(F) of this rule will be considered the same or similar class of medication as other medications in the same subsection:
(A) All medications used under current clinical practice as antipsychotic medications including typical and atypical antipsychotic medications;
(B) All medications used under current clinical practice as mood stabilizing medications;
(C) All medications used under current clinical practice as antidepressants;
(D) All medications used under current clinical practice as anxiolytics;
(E) All medications used under current clinical practice as psychostimulants; and
(F) All medications used under current clinical practice as dementia cognitive enhancers.
(b) Significant procedures of the same or similar class do not need to be specifically listed on the treating physician’s or psychiatric nurse practitioner’s form.
(18) “State Institution” or “Institution” means all Oregon State Hospital campuses.
(19) “Superintendent” means the executive head of the state institution listed in section 187 (18) of this rule, or the superintendent’s designee.

Source: Rule 309-114-0005 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-114-0005.

Last Updated

Jun. 24, 2021

Rule 309-114-0005’s source at or​.us