Oregon Bulletin
Rule
Caption: Controlled Feeding Status for
Inmates.
Adm.
Order No.: DOC 18-2011
Filed with Sec. of
State: 10-6-2011
Certified to be
Effective: 10-6-11
Notice Publication
Date: 8-1-2011
Rules Amended: 291-083-0010, 291-083-0015
Subject: These amendments provide further clarification on the
procedure for placing an inmate on controlled feeding status. Other
modifications align the rules with organizational changes within the
department.
Rules Coordinator: Janet R. Worley—(503) 945-0933
291-083-0010
Definitions
(1) Acceptable Behavior: Behavior that does not include
throwing or misusing food or human waste or misuse of eating trays or utensils.
(2) Controlled Feeding Status: Status in which the form
of food is modified and served as Nutra Loaf in order to reduce the use of
food, eating utensils and human waste as weapons against staff and others.
(3) Functional Unit Manager: Any person within the
Department of Corrections who reports to the Director, an Assistant Director,
or an administrator and has responsibility for the delivery of program services
or the coordination of program operations. In a correctional setting, the
functional unit manager or designee is the superintendent.
(4) Human Waste: Materials issued from the human body,
including but not limited to, blood, feces, urine, and other potentially
infectious materials.
(5) Nutra Loaf: A product made from a combination of
food items used in the preparation of mainline meals or medically assigned
diets using standardized portion sizes and nutritionally balanced recipes.
Recipes are kept on file by the Food Services Manager. The dietician is
responsible for updating recipes and retaining nutritional information.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 13-1989(Temp), f. &
cert. ef. 7-11-89; CD 28-1989, f. & cert. ef. 12-29-89; DOC 18-2011, f.
& cert. ef. 10-6-11
291-083-0015
Procedures
(1) Inmates may be placed immediately on controlled
feeding status with the approval of the functional unit manager or designee t
for the following behavior:
(a) Throwing or misusing food or human waste.
(b) Failure to voluntarily return the eating utensils
and tray to staff after each meal.
(2) The staff member who observes the adverse behavior
shall prepare a disciplinary report as outlined in the Department of
Corrections Rule on Inmate Prohibited Conduct and for Processing Disciplinary
Actions (OAR 291-105), containing the charges and other appropriate
information.
(3) The housing unit officer in charge shall recommend
to the functional unit manager or designee that an inmate be placed on
controlled feeding status.
(4) Upon approval of the functional unit manager or
designee, the housing unit officer in charge shall submit, prior to the end of
the shift, a copy of the controlled feeding order form to the Food Services
Manager or designee and retain the original form in the housing unit.
(5) Upon receipt of the controlled feeding order, the
Food Services Manager or designee shall provide Nutra Loaf for the inmate on
controlled feeding to coincide with the regular meal schedule.
(6) A review of the controlled feeding order shall be
conducted by the functional unit manager or designee and the housing unit
officer in charge every 24 hours from the reported misconduct. The 24 hour
review shall be noted on the controlled feeding form and in the housing unit
log. The completed original feeding form will be sent to the functional unit
manager for archival disposition. A copy of the completed from, retained as
part of the housing unit log, will suffice as documentation within the housing
unit.
(7) Return to normal feeding and the outcome of the
disciplinary hearing process are not necessarily related. Controlled feeding
status shall be rescinded when the inmate demonstrates a return to acceptable
behavior for a period of 24 hours. Return to normal feeding status does not
affect the disciplinary process or the application of sanctions for rule
violations.
(8) Seven days shall be the maximum length of time that
an inmate shall remain on controlled feeding status per incident.
(9) If, after returning to regular feeding status, the
disruptive behavior recurs, the inmate may be returned to controlled feeding
status as outlined in this rule.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 13-1989(Temp), f. &
cert. ef. 7-11-89; CD 28-1989, f. & cert. ef. 12-29-89; CD 13-1994, f.
7-19-94, cert.ef. 8-1-94; DOC 18-2011, f. & cert. ef. 10-6-11
Rule
Caption: Agency Certification of Employees
to Provide Mental Health Services to Inmates in DOC Facilities.
Adm.
Order No.: DOC 19-2011
Filed with Sec. of
State: 10-11-2011
Certified to be
Effective: 10-11-11
Notice Publication
Date: 8-1-2011
Rules Adopted: 291-124-1000, 291-124-1010, 291-124-1020, 291-124-1030,
291-124-1040, 291-124-1050
Subject: These 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 mental health associates. Mental health specialists
must be certified under these rules to provide mental health services to
inmates in DOC institutions. These rules implement 2011 Or Laws, ch 333 (SB
423).
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 & 2011 OL ch 333
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075 & 2011 OL ch 333
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11; DOC 19-2011, f. & cert. ef. 10-11-11
291-124-1010
Definitions for Rules OAR
291-124-1000 through 291-124-1050
(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 & 2011 OL ch 333
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075 & 2011 OL ch 333
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11; DOC 19-2011, f. & cert. ef. 10-11-11
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 & 2011 OL ch 333
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075 & 2011 OL ch 333
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11; DOC 19-2011, f. & cert. ef. 10-11-11
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 & 2011 OL ch 333
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075 & 2011 OL ch 333
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11; DOC 19-2011, f. & cert. ef. 10-11-11
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 & 2011 OL ch 333
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075 & 2011 OL ch 333
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11; DOC 19-2011, f. & cert. ef. 10-11-11
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 & 2011 OL ch 333
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075 & 2011 OL ch 333
Hist.: DOC 12-2011(Temp), f. &
cert. ef. 6-16-11 thru 12-13-11; DOC 19-2011, f. & cert. ef. 10-11-11
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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