Loading

Oregon Bulletin

November 1, 2011

 

Department of Corrections
Chapter 291

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.

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

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​