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Oregon Bulletin

August 1, 2011

 

Department of Corrections
Chapter 291

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
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.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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