Oregon Bulletin
Rule
Caption: Agency Certification of Employees
to Provide Mental Health Services to Inmates in DOC Facilities.
Adm.
Order No.: DOC 12-2011(Temp)
Filed with Sec. of
State: 6-16-2011
Certified to be
Effective: 6-16-11 thru 12-13-11
Notice Publication
Date:
Rules Adopted: 291-124-1000, 291-124-1010, 291-124-1020, 291-124-1030,
291-124-1040, 291-124-1050
Subject: These temporary rules are necessary to establish the
Department of Corrections’ standards for certifying DOC employees (mental
health specialists) that provide mental health services to inmates as qualified
mental health professionals or qualified mental health associates. Mental
health specialists must be certified under these rules to provide mental health
services to inmates in DOC facilities.
Rules Coordinator: Janet R. Worley—(503) 945-0933
291-124-1000
Purpose and Policy
(1) Purpose: The purpose of these rules OAR
291-124-1000 through -1040 is to establish standards for the Department of
Corrections to certify employees that provide mental health services to inmates
in DOC facilities as qualified mental health professionals or qualified mental
health associates.
(2) Policy: It is the policy of the Department of
Corrections that employees providing mental health services to inmates meet the
standards established in these rules and be certified accordingly by the
department.
Stat Auth: ORS 179.040, 423.020,
423.030, 423.075, SB 423 (2011)
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, SB 423 (2011)
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11
291-124-1010
Definitions for Rules OAR
291-124-1000 through OAR 291-124-1040
(1) Behavioral Health Services Administrator: The
person responsible for the overall organization and delivery of mental health
services to inmates.
(2) Behavioral Health Services (BHS): A Health Services
unit with primary responsibility for the assessment and treatment of inmates
with mental illness and developmental disabilities.
(3) Case Management: Delivery of mental health services
to inmates. Case management activities include:
(a) Identifying, screening and evaluating inmates to
determine their eligibility for services;
(b) Implementing individualized service plans,
assistance in applying for financial benefits;
(c) Coordinating release planning services with other
agencies and resources,
(d) Participating in case staffing;
(e) Providing emotional support and counseling;
(f) Crisis intervention for immediate safety concerns;
and
(g) Daily structure, support, supervision, and skills
training;
(4) Clinical Director: The person responsible to
monitor clinical operations statewide who reports to the Behavioral Health
Services Administrator. The clinical director must have a minimum of eight
years of experience providing mental health services, a Master’s degree, two
years of post graduate clinical supervision and
licensure in the State of Oregon.
(5) Clinical Supervisor: The Behavioral Health Services
program manager that supervises mental health treatment services provided by
mental health specialists to inmates. The clinical supervisor must meet the
requirements of a qualified mental health professional and have a minimum of
five years of experience providing mental health services, with at least one
year that includes supervision of staff.
(6) Crisis: An urgent or emergency situation that
occurs when an inmate’s stability or functioning is disrupted and there is an
immediate need to resolve the situation to prevent serious deterioration or
self injury.
(7) Diagnosis: A diagnosis consistent with the current
“Diagnostic and Statistical Manual of Mental Disorders (DSM)” published by the
American Psychiatric Association.
(8) Mental Health Assessment: A process in which an
inmate’s need for mental health services is determined through an evaluation of
the inmate’s strengths, goals, needs, and current level of functioning.
(9) Mental Status Examination: An overall assessment of
an inmate’s mental functioning and cognitive abilities.
(10) Mental Health Specialist: A Behavioral Health
Services employee responsible for the delivery of mental health services to
inmates.
Stat Auth: ORS 179.040, 423.020,
423.030, 423.075, SB 423 (2011)
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, SB 423 (2011)
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11
291-124-1020
Credentialing and Certification
Process
(1) The clinical director is responsible for
credentialing employees hired as mental health specialists.
(2) A mental health specialist must meet the
requirements established in OAR 291-124-1030 as a qualified mental health
associate (QMHA) or qualified mental health professional (QMHP).
(3) The clinical director shall review the employee’s
education, experience and competencies to determine if the employee can be
certified as meeting the professional standards of a qualified mental health
associate or qualified mental health professional.
(4) Personnel Documentation: A copy of transcripts,
academic degrees, licenses, certifications, and a verification form used to
record the credentialing and certification information shall be retained in the
employee’s personnel file.
(5) The employee will be provided with a position
description that includes a description of duties that a qualified mental
health associate or qualified mental health professional are certified to
provide.
Stat Auth: ORS 179.040, 423.020,
423.030, 423.075, SB 423 (2011)
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, SB 423 (2011)
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11
291-124-1030
Qualified Mental Health Associate
and Qualified Mental Health Professional Standards
(1) A qualified mental health associate (QMHA) must
meet the following minimum qualifications:
(a) Bachelor’s degree in a behavioral sciences field;
or
(b) A combination of at least three years relevant
work, education, training or experience; and
(c) Demonstrate the competency necessary to communicate
effectively; understand mental health assessment, treatment and service
terminology and apply these concepts; provide psychosocial skills development;
implement interventions as assigned on an individual plan of care; and provide
behavior management and case management duties.
(2) A qualified mental health professional (QMHP) is a
licensed medical practitioner or any other person who holds any of the
following educational degrees and meets the following minimum qualifications:
(a) Graduate degree in psychology;
(b) Bachelor’s degree in nursing and licensed by the
State of Oregon;
(c) Graduate degree in social work;
(d) Graduate degree in a behavioral science field;
(e) Graduate degree in recreational, music, or art
therapy
(f) Bachelor’s degree in occupational therapy and
licensed by the State of Oregon; and
(g) Whose education and experience demonstrate the
competency to identify precipitating events; gather histories of mental and
physical disabilities, alcohol and drug use, past mental health services and
criminal justice contacts; assess family, social and work relationships;
conduct a mental status examination; document a multiaxial DSM diagnosis; write
and supervise an individual plan of care; conduct a mental health assessment
and provide individual, family or group therapy within the scope of their
training.
Stat Auth: ORS 179.040, 423.020,
423.030, 423.075, SB 423 (2011)
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, SB 423 (2011)
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11
291-124-1040
Supervision of Qualified Mental
Health Associates and Qualified Mental Health Professionals
(1) A qualified mental health associate shall deliver
mental health services to inmates under the direct supervision of a qualified
mental health professional.
(2) A qualified mental health professional shall
deliver mental health services to inmates under the direct supervision of a
clinical supervisor.
(3) Clinical Supervisor: A clinical supervisor shall
demonstrate the competency to oversee and evaluate the mental health treatment
services provided by qualified mental health professionals and qualified mental
health associates.
Stat Auth: ORS 179.040, 423.020,
423.030, 423.075, SB 423 (2011)
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, SB 423 (2011)
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11
291-124-1050
Variances
(1) The Behavioral Health Services Administrator has
the authority to grant a variance to the criteria used to determine the status
of a qualified mental health professional or a clinical supervisor.
(2) The clinical director must document the reason for
the variance and propose a timeline for the duration of the variance.
(3) Signed documentation from the Behavioral Health
Services Administrator indicating support of the proposed variance shall be
retained in the employee’s personnel file.
Stat Auth: ORS 179.040, 423.020,
423.030, 423.075, SB 423 (2011)
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, SB 423 (2011)
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11
Rule
Caption: Transfer of Offenders Between
Community Corrections Agencies.
Adm.
Order No.: DOC 13-2011
Filed with Sec. of
State: 7-15-2011
Certified to be
Effective: 7-15-11
Notice Publication
Date: 4-1-2011
Rules Amended: 291-019-0110, 291-019-0130, 291-019-0150
Rules Repealed: 291-019-0047
Subject: Modification of these rules is necessary for to
include low risk offenders in a practice that previously only addressed limited
risk offenders. Other changes are necessary for housekeeping purposes.
Rules Coordinator: Janet R. Worley—(503) 945-0933
291-019-0110
Definitions
(1) County of Residence: County in which the offender
lives and sleeps.
(2) Emergency Reporting: For sex offender cases,
reporting instructions provided by the receiving county when a documented
emergency exists requiring an expedited transfer. Parameters for emergency
reporting are a documented immediate threat to victim(s) or offender or
documented “other” emergency.
(3) EPR: The probation/parole record on the Law
Enforcement Data System (LEDS).
(4) Offender: Any person under the supervision of local
community corrections who is on parole, post prison supervision, or probation
status.
(5) New Case: A new case is any case where the offender
has been supervised for less than 30 working days by the county of conviction
and where the offender is not being supervised in any other jurisdiction at the
time of conviction. This includes offenders who have been sentenced to
probation and released from incarceration with no pending criminal issues. New
cases that fail to appear for intake and are closed to abscond can only be transferred
through formal transfer processes after violation procedures have been
initiated and all reports have been submitted.
(6) Officer: A probation and parole officer employed by
or under the direction of the court, the county, or the state.
(7) Releasing Authority: Department of Corrections,
courts, and Board of Parole and Post Prison Supervision, or supervising
authority.
(8) Receiving Office: The county community corrections
agency being requested to accept the supervision of an offender.
(9) Sending Office: The county community corrections
agency requesting to transfer the supervision of an offender to another
jurisdiction.
(10) Residence: For the purposes of this rule, a
residence is where the offender is currently residing and where he/she
expresses a desire to remain. This includes transient living quarters, fishing
boats, and other non-traditional situations, providing that the offender has
the ability to remain in those living quarters for a minimum of 30 days.
(11) Transfer: An offender is considered to be
transferred when responsibility for his/her supervision is
accepted by the receiving county. Assignment of a case to a different
parole or probation officer within the same county by administrative action is
not a transfer.
(12) Temporary Supervision: The short-term supervision
of offenders agreed upon by the two community corrections agencies for the
purpose of information gathering or investigation.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 27-1997, f. & cert.
ef. 11-26-97; DOC 11-2001, f. & cert. ef. 4-5-01; DOC 13-2011, f. & cert. ef. 7-15-11
291-019-0130
Transfers
of Supervision Between Community Corrections Agencies: Standards for Request
and Acceptance
(1) Requests:
(a) Except for sex offender cases, whenever an officer
has given an offender permission to relocate to a different county, within 30
days, the officer shall submit a transfer investigation request to the
receiving county on all cases including misdemeanors.
(A) If the purpose of the change of residence is for
residential treatment and a return is anticipated, no transfer is necessary.
(B) For low and limited supervision and low and limited
risk offenders, the county of supervision will notify the county of residence
in writing that the offender now resides in their county. The receiving county
may review the offender’s history in the Corrections Information System to
determine whether they wish to assume supervision. The decision to investigate
and accept supervision shall be at the discretion of the county of residence.
(C) Under no circumstances shall a probation or parole
officer allow a sex offender to move to a new county without first applying for
and receiving emergency reporting instructions. If parameters for emergency
reporting do not apply, then the offender must remain in the sending county
until a full transfer investigation is completed.
(b) Transfer Investigation: In all cases involving the
transfer of the supervision responsibility for an offender, the sending county
shall assure that the following information is up to date and accurate in the
offender’s ISIS (computer integrated system) file prior to making the
investigation request:
(A) Name: Last, first, and middle;
(B) Date of birth;
(C) SID Number: If none is available, the sending
office shall submit a fingerprint card to the State Identification Bureau prior
to transfer;
(D) Crime(s);
(E) County(ies);
(F) Sentencing data including county, docket numbers,
expiration date, and judge’s name for each case;
(G) History/risk score according to the Oregon Case
Management System;
(H) Date of request to transfer;
(I) Special Conditions: List all special conditions
including specific dollar amounts for restitution, court costs, fines and fees
as well as community service hours and any other conditions requiring
specificity;
(J) Residence: Provide a complete address; rural
addresses should include specific directions on location of the residence as
well as a description; and
(K) Conformance: Note any non-compliance with either
the general or special conditions of supervision. Reflect the exact amount of
any financial obligations owed to date and any other pertinent information.
(c) Sex Offenders: A transfer packet must be sent to
the receiving county. The transfer packet shall include:
(A) Court orders/parole or post-prison supervision
order;
(B) Sex offender evaluation (if available);
(C) Presentence investigation or police reports;
(D) Completed sex offender risk assessment; and
(E) Most recent treatment progress report or treatment
discharge report.
(2) Acceptance/Rejection:
(a) If a sex offender meets the documented parameters
for emergency reporting, the sending county must provide emergency reporting
information to the receiving county. The receiving county has up to five days
to reply. Once the receiving county has accepted the offender on an emergency
basis, a rule transfer packet must be sent to the receiving county.
(b) The receiving county must complete the investigation
and respond to the sending county within 30 days.
(c) The transfer request must be accepted if the
offender has a job or other legitimate source of income, a residence and the
means to comply with the special conditions of his/her supervision unless:
(A) The only active supervision is for a misdemeanor
and the receiving county is unable to provide supervision based on misdemeanant
status, due to county policy and/or resource limitations; or
(B) Public safety would be compromised by the transfer
(e.g , a child molester residing in a dwelling where
children are present; a proposed residence provider supporting sex offender’s
denial or noncompliance; a drug offender residing in a known drug house; an
arson offender residing in a boarding house); or
(C) The supervision is for a low and limited
supervision or low and limited risk offender, whereas the decision to accept
supervision is at the discretion of the county of residence.
(d) Neither non-compliance (except for sex offender
cases) nor outstanding misdemeanor warrants shall be grounds for rejection.
Felony warrants and warrants involving active cases for which an offender is
under formal supervision shall be resolved prior to the transfer process.
(e) Supervision of a misdemeanor must be accepted if
there is concurrent felony supervision.
(f) Outstanding Warrants and Pending Criminal
Charges/Violations: Prior to transfer, the sending office shall:
(A) Make reasonable efforts to resolve any warrants;
(B) Remove any individual county requirements outside
of usual practice;
(C) Report all non-compliance/violations to the
releasing authority; and
(D) Be responsible for resolving all pending
non-compliance/violations. The sending county should collaborate with the
receiving county to determine an appropriate response to pending violations.
(g) When a transfer is rejected in the interest of
public safety, the offender shall be directed by the receiving county to return
to the sending county or to secure a suitable residence elsewhere, except for
sex offenders who have been granted emergency reporting instructions, who shall
be directed to return to the sending county and to initiate any further
transfer requests from the sending county. Failure of the offender to do so is
a violation and may be grounds for revocation. The reason for rejection needs
to be specified and reviewed by the unit supervisor.
(h) During the transfer investigation, if an officer
from the receiving office observes a violation or has reason to believe that a
violation has occurred, that officer shall immediately report the alleged
violation to the sending office for appropriate response.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 27-1997, f. & cert.
ef. 11-26-97; DOC 11-2001, f. & cert. ef. 4-5-01; DOC 6-2009 f. & cert. ef. 5-22-09;
DOC 13-2011, f. & cert. ef. 7-15-11
291-019-0150
Dispute Resolution
Dispute Resolution: It is a matter of policy that the
offender should be supervised by the agency serving the offender’s county of
residence and, with exception of sex offenders, regardless of whether or not
the offender is in compliance with conditions. However, if the goals of public
safety are clearly compromised by the transfer, rejection is appropriate. The
Assistant Director of Transitional Services for the Department of Corrections
or designee shall be consulted whenever a transfer issue cannot be resolved at
the local manager/director level.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 27-1997, f. & cert.
ef. 11-26-97; DOC 11-2001, f. & cert. ef. 4-5-01; DOC 13-2011, f. & cert. ef. 7-15-11
Rule
Caption: Research Proposals.
Adm.
Order No.: DOC 14-2011
Filed with Sec. of
State: 7-15-2011
Certified to be
Effective: 7-15-11
Notice Publication
Date: 5-1-2011
Rules Adopted: 291-035-0011
Rules Amended: 291-035-0005, 291-035-0010, 291-035-0015
Subject: Modification and adoption of these rules is necessary
to establish procedures for submitting research proposals to the department and
update the process that such proposals are reviewed and approved. These rules
have not been modified since 1994; and the department is updating the rules to
align with current practices.
Rules Coordinator: Janet R. Worley—(503) 945-0933
291-035-0005
Authority, Purpose and Policy
(1) Authority: The authority for this rule is granted
to the Director of the Department of Corrections in accordance with ORS
179.040, 423.020, 423.030, and 423.075.
(2) Purpose: The purpose of this rule is to establish a
uniform process for review and approval of proposals for research conducted
within the Department of Corrections.
(3) Policy: It is the policy of the Department of
Corrections to conduct research that will yield information to help the
department improve its effectiveness. Research may be
conducted by department staff, contract services, or by students and others with interest in correctional services.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 27-1978, f. 9-13-78, ef. 9-15-78; CD 29-1983(Temp), f. & ef. 9-1-83; CD 35-1983, f. & ef. 10-14-83;
CD 12-1985, f. & ef. 7-31-85; CD 14-1986, f. &
ef. 6-30-86; CD 2-1994, f. 1-13-94, cert. ef. 2-1-94; DOC 14-2011, f. & cert. ef. 7-15-11
291-035-0010
Definitions
(1) Institutional Review Board: As defined and discussed
in 45 CFR Part 46, an independent body whose purpose is to review research
proposals that involve human subjects to assure that the rights, safety, and
well-being of research subjects are protected, that informed consent for their
participation is obtained, and that all benefits of the research are
commensurate with or outweigh the risks involved. Institutional review boards
are usually associated with universities, colleges, or other agencies that are
not affiliated with the department or any of its institutions.
(2) Research: The systematic design and implementation
of appropriate methods to collect, analyze, and disseminate data to answer to
specific questions or test scientific theory.
(a) Internal Research: Internal research includes, but
is not limited to, research that is initiated or conducted by the department’s
Research and Evaluation Unit or other functional units or department staff.
(b) External Research: External research includes, but
is not limited, to research that is initiated or conducted by colleges,
universities, government or private agencies and organizations, or other
researchers outside the department.
(3) Research Committee: A committee comprised of two or
more Department of Corrections employees selected by the Director of Research
and Evaluation and one rotating member from the department’s Policy Group. The
purpose of the Research Committee is to promote, recruit, screen and monitor
external research, and guide researchers through the process of conducting
research with inmates or department staff.
(4) Researcher(s): Any person or persons who submit one
or more proposals to the Research Committee to conduct research with inmates or
department staff.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 27-1978, f. 9-13-78, ef. 9-15-78; CD 12-1985, f. & ef. 7-31-85;
CD 2-1994, f. 1-13-94, cert. ef. 2-1-94; DOC 14-2011,
f. & cert. ef. 7-15-11
291-035-0011
General
(1) The Department of Corrections will consider
proposals to conduct research with inmates, community corrections, or
department staff. All research proposals must be reviewed by
the Research Committee before they begin.
(2) The purpose of the Research Committee is to
promote, screen, and monitor external research, and guide investigators through
the process of conducting research with inmates, community corrections, or
department staff.
(a) Note that the Research Committee does not function
as an institutional review board for the protection of human subjects.
(b) The role of the Research Committee is to determine
whether the goals and design of research proposals are appropriate for a
correctional setting and whether they meet the needs of the department.
(c) Researchers should provide evidence of human
subjects review from their university or organization institutional review
board. Any research involving incarcerated individuals must pass before an
institutional review board that includes an inmate representative to insure
that the use of inmates as research subjects meets federal guidelines.
(3) The Research Committee is comprised of two or more
Department of Corrections employees selected by the Director of Research and
Evaluation and one rotating member from the department’s Policy Group.
(a) Permanent Research Committee members are trained in
research design and methods, as well as ethical issues regarding the inclusion
of human subjects in research.
(b) The Research Committee recruits other appropriate
stakeholders, content experts, administrators, or functional units within the
department on a case-by-case basis to serve as temporary Research Committee
advisors depending on the content of each research proposal.
(4) The Research Committee will, if necessary, review
research proposals within four weeks of the department’s receiving the
proposal.
(5) The Research Committee, after consultation with
administrators whose units are affected by the research, may directly approve
the proposal when all parties have reached mutual understanding regarding the
purpose and design of the research as well as the timeline, responsibilities,
expectations, data sharing requirements, and dissemination of results.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 14-2011, f. & cert.
ef. 7-15-11
291-035-0015
Procedures for Submitting a
Research Proposal
(1) The Research Committee will:
(a) Review all external research proposals conducted
with inmates, department staff, inmate families, or community corrections where
department resources are required, ensuring that:
(A) The proposed research benefits inmates, community
corrections, department staff, the Department of Corrections, or the State of
Oregon;
(B) The research design is sufficient to test stated
hypotheses;
(C) Disruptions to institutions are minimized;
(D) The department’s research interests are integrated
and considered as enhancements to the proposed research where appropriate; and
(E) The proposed research has been reviewed and
approved by an institutional review board including an inmate representative if
applicable.
(b) Coordinate research activities conducted within the
department and research conducted in cooperation with government or private
agencies, individuals, or institutions.
(2) Ordinarily, the Research Committee will be amenable
to proposals that:
(a) Cause minimal disruption in department tasks;
(b) Require minimal department resources;
(c) Are of short duration;
(d) Are proposed by a college or university student who
is under the supervision of a faculty advisor;
(e) Are proposed by government or private agencies,
institutions, and individuals who have training and knowledge in research
methods, statistical analysis, and the dissemination of findings;
(f) Benefit inmates, community corrections, the
department, the State of Oregon, or adds to the general knowledge; and
(g) Propose a research design that is sufficient to
test stated hypotheses.
(3) In its review of each research proposal, the
Research Committee will consider:
(a) If the research question is relevant and of
importance to inmates, community corrections, department staff, the Department
of Corrections, the State of Oregon, or the field of corrections;
(b) If the research is in line with the goals and
mission of the department;
(c) If the research proposal presents an adequate
background and review of relevant literature;
(d) If the research proposal presents reasonable goals
and measurable objectives;
(e) If the research proposal presents an understandable
and adequate methodology, including participant selection, identification of
experimental variables, data collection, data analysis, and data presentation;
and
(f) What expenses or utilization of resources, if any,
will be borne by the department; and
(g) If the department resources required to implement the research are balanced with its potential
benefits.
(4) Researchers may be asked to make formal
presentations to the Research Committee.
(5) Administrators whose units are
directly affected by the proposed research will be consulted by the Research
Committee before approval of the research proposal.
(6) Functional unit managers will ordinarily arrange
for implementation of approved research proposals.
(7) Proposals requiring department policy decisions
will be referred to the department Assistant Directors, as appropriate.
(8) Records shall be kept documenting each proposal
review, committee decision, and the conditions of proposal acceptance.
(9) Researchers are required to return all data
collected as part of the research to the Research Committee in format
acceptable to the department unless an exemption is made by
the Research Committee. Exemptions must be discussed and finalized prior
to the approval of research proposals.
(10) All sensitive data concerning inmates, department
staff, inmate families, or community corrections must be protected while in the
possession of the researchers. Researchers will be responsible for complying
with statutory requirements regarding information security in accordance with
ORS 182.122 and 646A.600, and other applicable statutes and laws.
(11) Researchers are required to provide a copy of all
research reports and related manuscripts to the Research Committee for their
records.
(12) Data collected may be used only for the proposed
purpose(s) of the approved proposal. Additional use of the data, including but
not limited to additional analyses, reporting, and dissemination
must be preapproved by the Research Committee.
(13) While the department does not forbid the
researcher from distributing accurate data, the department may insist on
including a disclaimer if it believes assumptions about the data or conclusions
drawn by the researcher(s) are flawed.
(14) A research proposal may be denied if the proposed
research:
(a) Exposes any inmate, offender, or staff member, with
or without informed consent, to involvement in medical, genetic, psychiatric,
or psychological experimentation or research within the meaning of ORS 421.085
or other applicable statutes and laws;
(b) Requires the disclosure of information protected by
the provisions of ORS 192.502, 179.505, or other applicable statutes and laws;
(c) Poses appreciable hazard to the life or health of
any human being, to state property, to the security, sound order, or discipline
of any institution, or to the mission of the Department of Corrections or any
of its functional units;
(d) Is not approved by an institutional review board;
(e) Does not benefit inmates, community corrections, department
staff, the Department of Corrections, or the State of Oregon;
(f) Does not consider the integration of the
department’s research needs where appropriate;
(g) Does not include a research design
which is sufficient to test stated hypotheses;
(h) Poses more than minimal disruption to the operation
of institutions or offices;
(i) Does not provide a balance between required
department resources and the potential benefits of the research; or
(j) Does not align with the goals and mission of the
department.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 27-1978, f. 9-13-78, ef. 9-15-78; CD 29-1983(Temp), f. & ef. 9-1-83; CD 35-1983, f. & ef. 10-14-83;
CD 12-1985, f. & ef. 7-31-85; CD 14-1986, f. &
ef. 6-30-86; CD 2-1994, f. 1-13-94, cert. ef. 2-1-94; DOC 14-2011, f. & cert. ef. 7-15-11
Notes
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