Oregon Bulletin
February 1, 2011
Rule
Caption: Handling of Patient Mail in State
Institutions.
Adm.
Order No.: MHS 1-2011(Temp)
Filed with Sec. of
State: 1-6-2011
Certified to be
Effective: 1-7-11 thru 6-1-11
Notice Publication
Date:
Rules Adopted: 309-100-0100, 309-100-0110, 309-100-0120, 309-100-0130,
309-100-0140, 309-100-0150
Rules Suspended: 309-102-0000, 309-102-0005, 309-102-0010,
309-102-0015, 309-102-0020, 309-102-0025
Subject: These rules are a comprehensive revision of those
being suspended, as there were many changes. These rules relate to mail being
sent and received by patients residing in each Oregon State Hospital campus and
the Blue Mountain Recovery Center. These rules accomplish the following:
• Protect patient
rights related to the posting and receipt of mail.
• Specify the
circumstances under which staff of those state institutions may confiscate a
piece of mail arriving for, or being sent by a patient.
• Specify the
procedures to be used when a piece of mail is confiscated.
• Protects the
safety and security of those state institutions and all affiliated people.
Rules Coordinator: Richard Luthe—(503) 947-1186
309-100-0100
Purpose and Scope
(1) Purpose. These rules prescribe the standards for
handling mail belonging to patients in state institutions, including mail
arriving for patients and mail patients are sending from the state institution.
(2) Scope. These rules apply to all individuals
residing in a state institution as defined in OAR 309-102-0005.
Stat. Auth.: ORS 179.040, 409.050
& 426.385
Statutes Implemented: ORS 179.360
& 426.385
Hist.: MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-100-0110
Definitions
(1) “Contraband” means any controlled substance, drug
paraphernalia, unauthorized currency or any other article which by statute,
rule, order or the state institution’s policies, is prohibited from being in a
patient’s possession, and the use of which could endanger the safety or security
of the institution.
(2) “Controlled Substance” means a drug or it’s
immediate precursor classified under the federal Controlled Substances Act and
as modified under ORS 475.035.
(3) “Division” means the Addictions and Mental Health
Division of the Oregon Health Authority.
(4) “Drug Paraphernalia” means all equipment, products
and materials of any kind which are marketed for use or designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a controlled
substance in violation of Oregon Revised Statute (ORS) 475.840 to 475.980 (ORS
475.525(2).
(5) “Electronic Mail” means digital messages
transmitted electronically.
(6) “Journalist Mail” means letter mail sent to news
media organizations such as but not limited to newspapers, magazines and
television station news departments.
(7) “Legal Mail” means any mail received from or
addressed to any attorney, court, tribal official, elected official, disability
rights organization or advocacy group that is part of the system outlined in
ORS 192.517.
(8) “Limited Item” means any food, non-prescribed
medicine or other article which is allowed for patient use, but which must be
held or kept in a specific area for reasons of maintaining public health
standards to ensure proper dosage or to limit it’s ingestion, viewing or other
use to the owner of the item.
(9) “Mail” means any letter, post card, periodical or
any other type of envelope or package, except for legal mail and journalist
mail.
(10) “Patient” means a person who is residing in a
state institution.
(11) “Prohibited Item” means:
(a) Alcohol, controlled substances or drug
paraphernalia;
(b) Any item that reasonably could be used as or turned
into a weapon or instrument of escape;
(c) Any item the possession of which is considered
detrimental to the treatment of a specific patient and which is recorded as
prohibited with the rationale in the patient’s chart by the treating physician;
or
(d) Any item the possession of which is disallowed to a
clearly defined portion of the patient population or to the entire patient
population pursuant to the institution’s policies or other formal
documents.
(12) “Reasonable Cause” means a person has knowledge or
notice of facts or circumstances which would lead a person of ordinary care and
prudence to have a strong suspicion.
(13) “Safety” means the institution and all patients
and others persons within and around it are free from injury, threats,
harassment or other dangers.
(14) “Security” means prevention of any patient’s
potential escape from a state institution or the prevention of damage to institutional
or personal property within the grounds of the state institution.
(15) “State Institution” means all Oregon State
Hospital campuses or the Blue Mountain Recovery Center.
(16) “Superintendent” means the executive head of any
state institution or that person’s designee.
(17) “Treatment Care Plan” means an individualized and
comprehensive written plan of therapeutic interventions designed, in
collaboration between the patient and his or her treatment team, and designed
to facilitate rehabilitation of psychiatric symptoms and eventual independence.
Stat. Auth.: ORS 179.040, 409.050
& 426.385
Statutes Implemented: ORS 179.360
& 426.385
Hist.: MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-100-0120
Patient Rights Related to Mail
(1) Except as outlined in OAR 309-100-0930 through
309-100-0950, all patients in state institutions shall have the right to
communicate freely in person 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 309-100-0930 through
309-100-0950, 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;
(c) Prevent, obstruct or delay any patient’s incoming
mail from being promptly delivered or forwarded to the patient.
(4) 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 pursuant to
OAR 309-100-0930 through 309-100-0940; and
(c) Any item being held pursuant to 309-100-0930
through 309-100-0940.
(5) 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.
(6) Patients shall be provided a reasonable amount of
writing material by the state institution. 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.
(7) The exchange of electronic mail is an earned
privilege only and is related to the patient’s recent behaviors, current level
of care and other privileges.
(8) The application of these rules may be contested by
way of the state institution’s grievance procedures.
Stat. Auth.: ORS 179.040, 409.050
& 426.385
Statutes Implemented: ORS 179.360
& 426.385
Hist.: MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-100-0130
Mail Suspected To Contain
Contraband, Limited Items or Evidence of a Crime
(1) The superintendent may designate certain areas of
the state institutions as locked high security areas if the superintendent
finds that these areas require additional precautions to protect the safety and
security of the facility.
(2) In locked high security areas, employees of the
state institutions may open all except legal mail in the presence of the
patient as prescribed in this rule, even though there may not be reasonable
cause to believe that a specific piece of mail contains a prohibited or limited
item.
(3) In order to ensure the safety and security of the
institution and all affiliated people, the superintendent may additionally
order:
(a) Mail be scanned with non-invasive technology
including but not limited to x-rays or metal detectors;
(b) Mailed electronic equipment or other items which
may contain contraband within, be subject to additional scrutiny, such as but
not limited to turning the item on to ensure it’s basic functionality.
(4) When there is reasonable cause to suspect mail
contains a limited item the superintendent may order the item be opened by
staff in the presence of the patient.
(a) If a limited item is found within the mail, it will
be stored and made available to the patient pursuant to the state institution’s
related policies and procedures.
(b) If there is no limited or prohibited item within,
the patient may retain possession of the mail.
(5) When there is reasonable cause to suspect mail
contains evidence of a real or potential crime, the following steps shall
occur:
(a) If the real or potential crime may immediately
threaten the security of the institution or the health or safety of any
affiliated person, the superintendent may hold, open or otherwise inspect the
mail.
(b) If the real or potential crime does not appear to
immediately threaten the security of the institution or the health or safety of
any affiliated person, the superintendent is authorized to:
(A) Contact a law enforcement agency and request a
judicial warrant to open the mail and
(B) Hold the mail until either the judicial warrant is
denied or the warrant is received and the item is confiscated by the law
enforcement agency.
(c) If the judicial warrant is denied the item must
promptly be returned to and opened in the presence of the patient.
(d) If the item is confiscated, opened and examined and
found to be permissible the item must promptly be returned to the patient.
(e) If the item is found to contain evidence of a real
or potential crime, it will remain in possession of the law enforcement agency
for further action.
(4) The intended recipient of any mail withheld
pursuant to this rule will be promptly informed of the action unless there is
reasonable cause to believe that doing so may:
(a) Increase the potential threat to the security of
the institution or the health or safety of any affiliated person or
(b) Destroy or adversely alter the suspected evidence
of a real or potential crime.
Stat. Auth.: ORS 179.040, 409.050
& 426.385
Statutes Implemented: ORS 179.360
& 426.385
Hist.: MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-100-0140
Disposition of Mail Retained or
Returned To Patient
(1) Once opened under staff supervision for inspection,
permissible items shall not be read or otherwise further inspected and shall be
delivered promptly to the patient.
(2) Any item retained from a patient’s mail shall be
clearly marked to identify, at minimum the date of the inspection and hold, the
patient’s name, the name and address of the sender, a description of the held
items and both the printed name and the signature of the employee conducting
the process. The item shall then be handled as provided in rules established by
the Division for the handling of personal property of patients in state
institutions.
(3) When any item is confiscated by a law enforcement
agency, each part of the process shall be documented in the patient’s chart
with at minimum the date of inspection and confiscation, the patient’s name,
the name and address of the sender, a description of the confiscated item(s)
and both the printed name and the signature of the employee who witnessed the
law enforcement’s confiscation.
(4) All documentation related to any held item shall be
in writing and kept in the patient’s chart. The patient shall receive a legible
copy of each document.
Stat. Auth.: ORS 179.040, 409.050
& 426.385
Statutes Implemented: ORS 179.360
& 426.385
Hist.: MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-100-0150
Notice to Patients and Employees
(1) Upon admission to the state institution, patients
shall be informed of the institution’s policies and procedures which implement
these rules, all their legal rights as detailed in ORS 426.385 and instructions
on how to obtain a copy of these rules.
(2) The superintendent of the state institution shall
ensure these rules and any related policies and procedures are thoroughly
explained to each employee upon the commencement of their employment and to
each current employee when deemed a needed subject of supervision or of
on-going training.
(3) Violation of these rules and any related
institutional policies or procedures by an employee of the Division shall constitute
cause for disciplinary action.
Stat. Auth.: ORS 179.040, 409.050
& 426.385
Statutes Implemented: ORS 179.360
& 426.385
Hist.: MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-102-0000
Purpose and Statutory Authority
(1) Purpose. These rules prescribe procedures for the
handling of incoming and outgoing mail of patients and residents in state
institutions.
(2) Statutory Authority. These rules are authorized by
ORS 430.041 and 179.040 and carry out the provisions of 179.321, 426.385, 426.395,
and 427.031.
Stat. Auth.: ORS 179, 426, 427
& 430
Stats. Implemented:
Hist.: MHD 17-1980(Temp), f. &
ef. 6-30-80; MHD 19-1980, f. & ef. 12-10-80; MHD 27-1982, f. 12-28-82, ef.
1-28-83, Renumbered from 309-021-0030(1) and (2); Suspended by MHS 1-2011(Temp),
f. 1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-102-0005
Definitions
As used in these rules:
(1) “Administrator” means the Assistant Director, Human
Resources, and Administrator for Mental Health.
(2) “Division” means the Mental Health and
Developmental Disability Services Division of the Department of Human Services.
(3) “Legal Mail” means any mail from, or addressed to,
any attorney, any court, and any legal aid bureau or service.
(4) “Mail” means sealed envelopes and parcels.
(5) “Patient” means a person who is receiving care and
treatment in a state institution for the mentally ill.
(6) “Prohibited Item” means:
(a) Alcoholic beverages, controlled substances, and
prescription and non-prescription drugs or medications;
(b) Any item that reasonably can be used as a weapon or
instrument of escape;
(c) Any item the possession of which is detrimental to
the treatment and training or health and safety of the patients or residents in
a particular ward or cottage and which is prohibited in writing and posted on
the affected ward or cottage; and
(d) Any item the possession of which is detrimental to
the treatment and training of an individual patient or resident and which is
recorded in the treatment and training orders section of the patient’s or
resident’s chart by the treating physician or qualified mental retardation
professional.
(7) “Qualified Mental Retardation Professional” means a
person who meets the professional requirements prescribed by 42 CFR 442.401 or
as amended.
(8) “Reasonable Cause” means that the person has
knowledge or notice of facts and circumstances which would lead a person of
ordinary care and prudence to have a strong suspicion.
(9) “Resident” means a person who is receiving care,
treatment, and training in a state institution for the mentally retarded.
(10) “State Institution” means Dammasch State Hospital
in Wilsonville, Oregon State Hospital in Salem, Fairview Training Center in
Salem, and Eastern Oregon Hospital and Training Center in Pendleton.
(11) “Superintendent” means the executive head of the
state institution as listed in section (10) of this rule.
Stat. Auth.: ORS 179, 426, 427
& 430
Stats. Implemented:
Hist.: MHD 17-1980(Temp), f. &
ef. 6-30-80; MHD 19-1980, f. & ef. 12-10-80; MHD 27-1982, f. 12-28-82, ef.
1-28-83, Renumbered from 309-021-0030(3); Suspended by MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-102-0010
Policy
(1) All patients and residents in state institutions
shall have the right to communicate freely in person by sending and receiving
sealed mail.
(2) Except as provided in section (3) of this rule, no
employee or any person acting through, or on the behalf of, the Division
shall:
(a) Open, read, censor, inspect, or otherwise examine
any patient’s or resident’s incoming or outgoing mail without the expressed
permission of the patient or resident who is the sender or the receiver of the
mail. Patients and residents are responsible for any items received by them by
mail, and should request staff to record any property received on the personal
property record;
(b) Prevent, obstruct, or delay any patient’s or
resident’s outgoing mail from being promptly mailed;
(c) Prevent, obstruct, or delay any patient’s or
resident’s incoming mail from being delivered or forwarded promptly to the
patient or resident.
(3)(a) Unless the patient or resident objects, an
employee may provide assistance in reading or sending mail for those patients
or residents who have physical or mental handicapping conditions which
interfere with the ability to use the mail. Need for this assistance shall be
documented in the patient’s or resident’s chart by the physician or qualified
mental retardation professional;
(b) When there is reasonable cause to suspect that mail
contains a prohibited item, the procedure described in OAR 309-102-0015 shall
be followed;
(c) When there is reasonable cause to suspect that
incoming or outgoing mail contains evidence of a crime or potential crime, the
superintendent, or the superintendent’s designee, may hold mail for a
reasonable period of time while a search warrant is being sought.
(4) Patients and residents shall be provided with a
reasonable amount of writing material by the state institution. Stamps shall be
available for purchase by the patient or resident at each state institution.
(5) The designation of an item as prohibited, the
proposed disposition of the item, any interference with the delivery of
incoming or outgoing mail, or any other application of these rules may be
contested in accordance with OAR 309-118-0000 through 309-118-0050 (Grievance
Procedures for Use in State Institutions).
(6) Violation of the rights, policies, and procedures
set forth in these rules by an employee of the Division shall constitute cause
for disciplinary action.
Stat. Auth.: ORS 179, 426, 427
& 430
Stats. Implemented:
Hist.: MHD 17-1980(Temp), f. &
ef. 6-30-80; MHD 19-1980, f. & ef. 12-10-80; MHD 27-1982, f. 12-28-82, ef.
1-28-83, Renumbered from 309-021-0030(4); Suspended by MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-102-0015
Procedures
When there is reasonable cause to suspect that mail
contains a prohibited item, the procedure for inspecting mail set forth below
shall be followed:
(1) The superintendent of the state institution, or his
designee, may require the patient or resident to open the mail in the presence
of an employee of the state institution or require an employee to open the mail
in the presence of the patient or resident.
(2) A prohibited item found in incoming mail shall be
removed and placed in an envelope or other suitable container that shall be
clearly marked to identify at least the following:
(a) The date of inspection and confiscation;
(b) The name of the patient or resident to whom the
mail was addressed;
(c) The name and address of the sender;
(d) A list and description of the item(s) confiscated;
and
(e) The signature of the employee conducting the
inspection and authorizing the confiscation.
(3) Copies of the signed list shall serve as a receipt.
One copy shall be placed in the patient’s or resident’s record, one copy shall
remain with the item(s), and one copy shall be given to the patient or
resident.
(4) The original envelope or other container of mail
which has been inspected for prohibited items or from which a prohibited item
has been removed shall be marked to correspond exactly with the identification
required by section (2) of this rule.
(5) Nonprohibited items shall not be read or otherwise
subjected to further inspection and shall be delivered immediately to the
patient or resident.
(6) Items confiscated from incoming mail shall be
handled as provided in rules established by the Division for the handling of
personal property of patients and residents in state institutions.
(7) The manner of disposition of a prohibited item
shall be in writing and kept as a record by the state institution.
Stat. Auth.: ORS 179, 426, 427
& 430
Stats. Implemented:
Hist.: MHD 17-1980(Temp), f. &
ef. 6-30-80; MHD 19-1980, f. & ef. 12-10-80; MHD 27-1982, f. 12-28-82, ef.
1-28-83, Renumbered from 309-021-0030(4); Suspended by MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-102-0020
Special Exception
From time to time, the Administrator may designate
certain areas of the state institutions as locked high security areas. The
superintendent of the state institutions shall request in writing such
designation by ward or cottage. The Administrator shall approve or disapprove
the designation within 30 days of the request. In such areas, employees of the
state institutions are authorized to open all mail in the presence of the
patient or resident except legal mail as prescribed in OAR 309-102-0015, even
though there may not be reasonable cause to believe that a specific piece of
mail contains a prohibited item.
Stat. Auth.: ORS 179, 426, 427
& 430
Stats. Implemented:
Hist.: MHD 17-1980(Temp), f. &
ef. 6-30-80; MHD 19-1980, f. & ef. 12-10-80; MHD 27-1982, f. 12-28-82, ef.
1-28-83, Renumbered from 309-021-0030(5);; Suspended by MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
309-102-0025
Notice to Patients, Residents, and
Employees
(1) Upon admission, state institutions shall inform
patients and residents, orally and in writing, of the rights, policies, and
procedures set forth in these rules. In addition, a clear and simple statement
of the title and number of these rules, their general purpose, and instructions
on how to obtain a copy of the rules and how to seek advice about their content
shall be prominently displayed in areas frequented by patients and residents in
all state institutions.
(2) All employees of state institutions shall be
notified in writing at the commencement of their employment, or, for present
employees, within a reasonable time of the effective date of these rules, of
the rights, policies, and procedures set forth in these rules.
Stat. Auth.: ORS 179, 426, 427
& 430
Stats. Implemented:
Hist.: MHD 17-1980(Temp), f. &
ef. 6-30-80; MHD 19-1980, f. & ef. 12-10-80; MHD 27-1982, f. 12-28-82, ef.
1-28-83, Renumbered from 309-021-0030(4); Suspended by MHS 1-2011(Temp), f.
1-6-11, cert. ef. 1-7-11 thru 6-1-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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