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The Oregon Administrative Rules contain OARs filed through April 15, 2013

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OREGON HEALTH AUTHORITY,
ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

DIVISION 39

STANDARDS FOR THE APPROVAL OF PROVIDERS OF
NON-INPATIENT MENTAL HEALTH TREATMENT SERVICES

309-039-0500

Purpose and Statutory Authority

(1) Purpose. This rule prescribes standards for the approval, for insurance reimbursement purposes, of non-inpatient programs that provide services for persons with a mental or nervous condition and that are not related to any county mental health program.

(2) Statutory Authority. These rules are authorized by ORS 413.042, 743A.160 & 743A.168.

Stat. Auth.: ORS 413.042 & 743A.168
Stats. Implemented:
Hist.: MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89; MHD 4-1989, f. & cert. ef. 8-25-89; MHD 1-1993, f. 2-24-93, cert. ef. 2-26-93

309-039-0510

Definitions

As used in these rules:

(1) “Community Mental Health Program” means the organization of all services for persons with mental or emotional disturbances, drug abuse problems, mental retardation or other developmental disabilities, and alcoholism and alcohol abuse problems, operated by, or contractually affiliated with, a local mental health authority, operated in a specific geographic area of the state under an intergovernmental agreement or direct contract with the Division.

(2) “Certificate of Approval” means a Certificate of Approval as defined in OAR 309-012-0130 through 309-012-0220.

(3) “Day Treatment” or “Partial Hospitalization Program” means a non-residential program which provides an organized part-day program of mental health services to persons who spend only part of a 24 hour period in the facility. Services provided in a day treatment program are substantially similar to those provided in a partial hospitalization program.

(4) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority.

(5) “DSM” means the current edition of the “Diagnostic and Statistical Manual of Mental Disorders,” published by the American Psychiatric Association.

(6) “Facility” means a corporate or other entity which provides services for the treatment of mental or nervous conditions.

(7) “Non-Related Adult” means any person over 18 years of age who is not related by blood, marriage or living situation. Foster parents and adults co-habitating with a child may be considered to be related adults.

(8) “Outpatient Program” means a program that provides evaluation, treatment and rehabilitation on a regularly scheduled basis or in response to crisis in a setting outside an inpatient program, residential program, day treatment or partial hospitalization program.

(9) “Program” means a particular type or level of service that is organizationally distinct within a facility.

(10) “Provider” means a program operated by either a licensed business or a corporation that provides services for mental or nervous conditions.

(11) “Qualified Mental Health Associate” means any person delivering services in a mental health program, under the direct supervision of a qualified mental health professional. The qualified mental health associate shall meet one of the following:

(a) Has a bachelor’s degree in a mental health related field;

(b) Has a combination of one year’s work experience and two years education, training or work experience in mental health.

(12) “Qualified Mental Health Professional” means any person, providing treatment services in a mental health program, supervised by a qualified supervisor. The qualified mental health professional shall have one of the following:

(a) A license to practice medicine in the State of Oregon;

(b) A graduate degree in Psychology;

(d) A graduate degree in Psychiatric Nursing and licensed in the State of Oregon; or

(e) A graduate degree in another mental health-related field.

(13) “Qualified Supervisor” means any person meeting the following qualifications:

(a) A medical or osteopathic physician licensed by the Board of Medical Examiners for the State of Oregon and who is board eligible for the practice of psychiatry;

(b) A psychologist licensed by the State Board of Psychologist Examiners;

(d) A clinical social worker licensed by the State Board of Clinical Social Workers.

(14) “Residential Program” means a program that provides room, board, and an organized full-day program of mental health services in a facility for six or more persons who do not require 24-hour nursing care.

Stat. Auth.: ORS 413.042 & 743A.168
Stats. Implemented: ORS 743A.160 & 743.168
Hist.: MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89; MHD 4-1989, f. & cert. ef. 8-25-89; MHD 1-1993, f. 2-24-93, cert. ef. 2-26-93

309-039-0520

Eligible Providers

(1) Only providers as defined in OAR 309-039-0510(10) are eligible for approval under OAR 309-039-0500 through 309-039-0580. An eligible provider must:

(a) Control the office space, such as by owning, renting or leasing it;

(b) Control the intake to the program and determine which therapist provides assessment and treatment;

(d) Do all the billing and collect all fees, including deductibles and co-payments;

(e) Pay staff for clinical services provided; and

(f) Display the provider name on the premises so as to be clearly visible to clients.

(2) An individual operating as a private practitioner, whether or not a licensed business or corporation, is not eligible for approval under these rules.

309-039-0530

Approval Process

(1) Request for approval or renewal shall be submitted to the Division with an application form, materials specified in the application instructions and a check or money order in the amount of $100 payable to the Division. This application fee shall be non-refundable:

(a) After the Division has approved the written application materials specified in the application instructions, the applicant shall submit a check or money order payable to the Division in the amount of $350 for certification review. This certification fee shall be non-refundable if a certification review has been conducted, irrespective of whether the provider is issued a Certificate of Approval;

(b) Any provider submitting an application for approval or renewal after the effective date of this rule shall pay the application and certification fees;

(c) The fees shall be increased biennially at the same rate as approved by the Legislative Assembly or the Emergency Board for other services and programs of the Division.

(2) A Certificate of Approval, valid for up to three years, shall be issued to the provider when the administrative and certification reviews of the program by the Division indicate the provider is in compliance with the applicable parts of OAR 309-039-0500 through 309-039-0580. The Certificate may be for a period of time shorter than three years if the provider is not in full compliance with these rules.

(3) A Certificate of Approval is not transferable or applicable to any location, facility, or management other than that indicated on the Certificate of Approval.

(4) The award, renewal, and duration of Certificates of Approval as well as periodic and interim reviews, establishment of conditions, denial, revocation and hearings shall comply with OAR 309-012-0130 through 309-012-0220 (Certificate of Approval rule).

309-039-0540

General Standards

Each provider is required to meet the following administrative standards:

(1) Organization. There shall be an up-to-date organization chart showing the lines of authority and responsibility for management of the organization and clinical supervision of treatment staff.

(2) Policy and Procedures. There shall be written statements of policies and procedures as are necessary and useful to enable the program to accomplish its service objectives and to meet the requirements of these rules and other applicable standards and rules.

(3) Staff Qualifications. Providers shall use only qualified supervisors, qualified mental health professionals and qualified mental health associates who meet OAR 309-039-0510(11) through (13):

(a) Only qualified supervisors and qualified mental health professionals shall provide individual, group and family therapy;

(b) Qualified mental health associates shall only provide skill training, socialization and case management services. Qualified mental health associates may participate in the provision of group therapy if a qualified supervisor or a qualified mental health professional is present.

(4) Client Eligibility for Service. Each provider shall have a written policy regarding client eligibility for service which includes the following:

(a) Mental health services shall not be denied any person on the basis of race, color, creed, sex, handicap, national origin or duration of residence;

(b) No person shall be denied services or be discriminated against on the basis of age unless predetermined clinical or program criteria for service restrict the service to specific age groups.

(5) Client Rights. Each provider shall have written policies and procedures to assure the following:

(a) Protection of client privacy and dignity;

(b) Confidentiality of records consistent with state and federal law as described in the Addictions and Mental Health Division’s “Handbook on Confidentiality”;

(c) The earliest possible involvement of the client in planning the service through the provision of information, presented in terms easily understandable to the client, which explain the following:

(A) The training or treatment to be undertaken;

(B) Alternative training or treatment methods available, if any; and

(d) The client’s or guardian’s right to refuse service unless otherwise ordered by a court; and

(e) That the client is provided with written information concerning the agency fee policies at the earliest possible time and in terms easily understandable to the client.

(6) Treatment and Assessment Services. Each provider shall provide for each client admitted:

(a) Preliminary planning that includes:

(A) An initial assessment of client condition that justifies a diagnostic impression of mental or nervous condition completed within seven working days of admission; and

(B) A preliminary treatment plan completed within seven working days of admission, that describes the services to be delivered to the client while a complete psychosocial assessment and treatment plan are being developed.

(b) A psychosocial assessment, including a problem list, completed within 15 days of admission, or if a residential program within seven days of admission, resulting in a DSM diagnosis which confirms or denies a mental or nervous condition; and

(c) A treatment plan developed from the problem list, within 15 days of admission, that is agreed to and is signed by the client and includes an individualized regimen of treatment services which addresses the mental or nervous condition.

(7) Client Records. A record shall be maintained for each client admitted. The record shall contain the following:

(a) Client identification;

(b) Client consent to treatment;

(d) A psychosocial assessment as described in subsection (6)(b) of this rule which includes:

(A) Presenting problems and current psychiatric history;

(B) Alcohol/drug use problems history;

(D) Family and interpersonal history;

(E) Education, employment, and vocational history;

(F) Legal history;

(G) Medical history and information;

(H) Problem list;

(I) DSM diagnoses and summary of the justification for each diagnosis; and

(J) Treatment recommendations.

(e) A treatment plan as described in subsection (6)(c) of this rule that addresses the treatment of the mental or nervous conditions and which includes measurable objectives for each of the Axis I diagnoses, type of intervention activities and target dates for meeting objectives;

(f) Progress notes relating to specific problems addressed in the treatment plan;

(g) Client consent for releases of information when appropriate; and

(h) For discharged clients, a discharge/transfer summary which includes an aftercare plan.

(8) Retention of Records. Client records shall be retained for a minimum of seven years.

(9) Personnel Records. Each provider shall maintain a personnel file for each employee or contractor providing treatment services or clinical supervision. The personnel file shall contain a written job description, copies of degrees and licenses, and a current resume that demonstrates qualifications to perform job duties.

(10) Financial Records. Each provider shall maintain financial records that demonstrate payments for service are made to the provider and not to an individual.

(11) Quality Assurance. Each provider shall have policies and procedures for the operation of a routine quality assurance program designed to monitor and evaluate objectively and systematically the quality and appropriateness of client treatment services, pursue opportunities to improve client treatment services, and resolve identified problems. Each provider shall:

(a) Have a written plan for the quality assurance program that describes a systematic procedure for assessing the effectiveness, efficiency, and appropriateness of services provided by the provider; and

(b) Conduct utilization reviews of client treatment services and aftercare plans that address client progress in the resolution of the mental or nervous condition, medical issues pertinent to the treatment of the mental or nervous condition, and functioning in the community following discharge from treatment.

(12) Treatment of Children and Adolescents. If a provider offers services to children or adolescents, then in addition to the requirements of OAR 309-039-0500 through 309-039-0580, the provider must meet the following standards:

(a) Minors 14 years of age or older may consent to outpatient services if provided by a physician licensed in the State of Oregon, licensed psychologist, certified nurse practitioner, or licensed social worker as provided for in ORS 109.675. Minors 15 years or older may consent to residential, partial hospitalization or day treatment services if provided by a physician licensed in the State of Oregon as provided by ORS 109.640. Providers shall provide for the earliest feasible involvement of the parents or guardians in the treatment plan consistent with the clinical requirement of the minor as provided under ORS 109.695;

(b) Children and adolescents are prohibited from receiving services conjointly with unrelated adults. Providers that offer services to both children and adolescents, and adults shall provide services to children and adolescents in areas within the facility, separate from areas in which adults are treated;

(c) As evidenced by previous work experience, academic background, and in-service or other training, the qualified supervisor, qualified mental health professional, and qualified mental health associates shall demonstrate a working knowledge of the following:

(A) The normal process of child and adolescent growth and development;

(B) Dysfunctional families and family systems counseling; and

(d) Treatment plans, in addition to the requirements of OAR 309-039-0540(7)(e), shall:

(A) Be developed in cooperation with the child or adolescent and the family, and other involved professionals as appropriate; and

(B) Include the involvement of the child’s or adolescent’s “significant others” in treatment; i.e., individuals, schools, agencies, etc.

(13) Grievance Procedure. Each provider shall have a written policy and procedure regarding client grievances. Each client shall be given a copy of the grievance policy and procedure at the time of admission or the grievance policy and procedure shall be posted in all waiting rooms.

309-039-0550

Standards for Mental Health Outpatient Programs

Each provider operating a mental health outpatient program shall comply with OAR 309-039-0500 through 309-039-0540.

Stat. Auth.: ORS 413.042 & 743A.168
Stats. Implemented: ORS 743A.160 & 743.168
Hist.: MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89; MHD 4-1989, f. & cert. ef. 8-25-89

309-039-0560

Standards for Mental Health Partial Hospitalization and Day Treatment Programs

In addition to OAR 309-039-0500 through 309-039-0540, each provider operating a mental health partial hospitalization or day treatment program shall comply with the following standards:

(1) Facility standards. The facility shall meet all applicable state and local fire, safety, and health standards.

(2) Treatment standards. Each provider shall provide four hours a day, five days a week, structured treatment activities which address the mental or nervous condition and which, in addition, includes the following services each week:

(a) Daily group therapy for mental and nervous conditions;

(b) Individual counseling with a primary therapist two times per week;

(d) Psychotropic medication management or monitoring, as appropriate to the individual needs of the client; and

(e) Skills training, vocational training, socialization or structured recreational/physical fitness activities.

309-039-0570

Standards for Mental Health Residential Programs

In addition to meeting OAR 309-039-0500 through 309-039-0540 each provider operating a mental health residential program shall meet the following standards:

(1) Facility standards. Each provider shall meet OAR 309-035-0100 through 309-035-0190.

(2) Treatment standards. Each provider shall provide eight hours of structured services out of every 12 hours from 8 a.m. to 8 p.m. which, each week, includes:

(a) Daily group therapy which addresses the mental or nervous condition;

(b) Individual counseling which addresses the mental or nervous condition with a primary therapist two times per week;

(d) Psychotropic medication management or monitoring, as appropriate to the individual needs of the client;

(e) One hour per day of structured recreational/physical fitness activities; and

(f) Structured skills training, vocational training, or socialization activities.

(3) Treatment standards for children and adolescents:

(a) Each provider shall comply with OAR 309-035-0100 through 309-035-0190;

(b) Each residential facility serving children or adolescents shall meet the standards described by OAR 413-210-0100 through 413-210-0250, Standards for reviewing, inspecting and licensing those private child caring agencies which are for residential care and treatment services for children and which are subject to the provisions of ORS Chapter 418, for licensure by the Children’s Services Division.

(4) Staffing standards. Each provider shall:

(a) Provide staff coverage 24 hours-a-day, seven days-a-week;

(b) Employ sufficient qualified mental health professionals to maintain a maximum caseload of no more than eight clients;

(d) Have available a mental health professional on-call from 8 p.m. to 8 a.m.

Stat. Auth.: ORS 413.042 & 743A.168
Stats. Implemented: ORS 743A.160 & 743.168
Hist.: MHD 2-1989(Temp), f. 3-13-89, cert. ef. 3-14-89; MHD 4-1989, f. & cert. ef. 8-25-89

309-039-0580

Variance

A variance from these rules may be granted to a provider in the following manner:

(1) A provider requesting a variance shall submit, in writing, to the Division:

(a) The section of the rule from which the variance is sought;

(b) The reason for the proposed variance;

(d) A plan and timetable for compliance, if appropriate, with the section of the rule from which the variance is sought.

(2) The Assistant Administrator or designee of the Division shall approve or deny the request for variance.

(3) The Division shall forward the decision and reasons therefor to the provider requesting the variance. This notice shall be given the provider within 30 days of receipt of the request by the Division.

(4) Appeal of the denial of a variance request shall be made in writing to the Administrator of the Division, whose decision shall be final.

309-039-0700

Purpose

Purpose. These rules prescribe standards and procedures for implementation of a registration pilot project in Jackson and Josephine Counties. All rules are limited to this geographic area during the length of the pilot project.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

309-039-0710

Definitions

As used in these rules:

(1) “Assessment” means the determination of a person’s need for services. It involves the collection and evaluation of data pertinent to the person’s mental and physical history and current problem(s) obtained through interview, observation, and record review. The assessment concludes with one of the following:

(a) Documentation of a DSM Diagnosis providing the clinical basis for a written treatment plan; or

(b) A written statement that the person is not in need of services. Other disposition information such as to whom the person was referred is included in the clinical record. The assessment is conducted by a QMHP, Registered Nurse (R.N.), or other qualified professional.

(2) “Assignment” as defined by Oregon State Board of Nursing OAR 851-047-0010(3) means that an R.N., or Licensed Practical Nurse (L.P.N.), at the discretion of the R.N., authorizes an unlicensed person to perform a basic task of client care with knowledge that the unlicensed person has been taught the task and is competent in performing the task. Assignment may require that a licensed nurse periodically supervise and evaluate the unlicensed person performing the basic task of client care. The need for and intervals of supervision and evaluation is at the discretion of the R.N. The process of assignment and delegation is delineated and explained in its entirety by the Oregon State Board of Nursing in OAR 851, division 47 and shall be followed.

(3) “Basic Care Tasks” means procedures that do not require the education or training of an R.N. or L.P.N., but that cannot be performed by the client independently. Basic care tasks also means procedures that may be directed by the client. These basic tasks include, but are not limited to, activities of daily living and administration of non-injectable or subcutaneous medications. These tasks are comparable to Certified Nursing Assistant functions.

(4) “Counseling Groups” means planned treatment to remediate significant impairments in the client’s functioning that are the result of a principal mental or emotional disorder identified by a mental health assessment. Group counseling is the treatment of three or more unrelated persons with similar therapeutic issues. It is individualized to meet specific goals and measurable objectives in the treatment plan. The intended outcome of group counseling for a child is to achieve and maintain the best possible, developmentally appropriate, level of functioning. The intended outcome of group counseling for an adult is to manage, reduce, or resolve the identified mental health problems thereby allowing the consumer to function more independently and competently in daily life.

(5) “Delegation” as defined by Oregon State Board of Nursing OAR 851-047-0010(7) means an R.N. authorizes an unlicensed person to perform special tasks of client/nursing care in selected situations and indicates that authorization in writing. The delegation process includes nursing assessment of a client in a specific situation, evaluation of the ability of the unlicensed person, teaching the task and ensuring supervision. The process of assignment and delegation is delineated and explained in its entirety by the Oregon State Board of Nursing in OAR 851, division 47 and shall be followed.

(6) “Diagnosis” means the principal mental disorder listed in the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), that is the medically appropriate reason for clinical care and the main focus of treatment for a client. The principal diagnosis is determined through the mental health assessment and any examinations, tests, procedures, or consultations suggested by the assessment.

(7) “Division” means the Addictions and Mental Health Division.

(8) “Endorsement” means a process of registration based on registration, certification, or licensure in another state or jurisdiction.

(9) “Health Care Provider” means a professional such as physician, R.N., social worker, qualified mental health professional, or psychologist meeting the qualifications, and operating under the definitions, of their licensing boards.

(10) “Interdisciplinary Team” means the group of people designated to provide services to mental health and developmentally disabled consumers and may include multiple disciplines or agencies.

(11) “Mental Health Assessment” or “Evaluation” means the written assessment by a QMHP of a consumer’s mental status and emotional, cognitive, family, developmental, behavioral, social, recreational, physical, nutritional, school or vocational, substance abuse, cultural and legal functioning, concluding with a completed DSM five-axes diagnosis, clinical formulation, prognosis for treatment, treatment recommendations and plan. Evaluation is used to determine the need for mental health services and to develop or update a consumer’s individual plan of care. Evaluation includes the collection and analysis of pertinent information through interview with the consumer, family and other relevant persons; observation; and psychological and neuropsychological testing when indicated.

(12) “Mental Status Examination” means the face-to-face assessment by a QMHP of a person’s mental functioning that includes descriptions of appearance, behavior, speech, mood and affect, suicidal/homicidal ideation, thought processes and content, and perceptual difficulties including hallucinations and delusions. Cognitive abilities are also assessed and include orientation, memory, concentration, general knowledge, abstraction abilities, judgment and insight.

(13) “Physician” means a person licensed to practice under ORS Chapter 677.

(14) “Perform Interventions” means the execution of specific tasks which are detailed in the consumer’s care plan and are performed under the supervision of a qualified healthcare provider.

(15) “Qualified Mental Health Professional (QMHP)” means a person meeting the following minimum qualifications:

(a) Graduate degree in psychology;

(b) Bachelor’s degree in nursing and licensed by the State of Oregon;

(d) Graduate degree in behavioral science field;

(e) Graduate degree in recreational, art, or music therapy; or

(f) Bachelor’s degree in occupational therapy and licensed by the State of Oregon; and

(g) Whose education and experience demonstrates the competencies 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 multi-axial DSM Diagnosis; write and supervise a treatment plan; conduct a comprehensive mental health assessment; and provide individual therapy, family, and/or group therapy within the scope of his or her practice.

(16) “RMHT” means Registered Mental Health Technician.

(17) “Registered Nurse” or “R.N.” means a person licensed as a registered nurse under ORS 678.

(18) “Skill Development Groups” means planned treatment focused on development of a specific life skill. A group is comprised of three or more unrelated persons with similar goals or concerns. It is individualized to meet specific goals and measurable objectives in the treatment plan. Examples include, but are not limited to: Hygiene, appropriate behavior in defined settings, communication, cleaning, personal finance, or cooking.

(19) “Subcutaneous Injectable Medication” means a medication administered through injection into the space beneath the skin but not to include medication administered through injection into the skin (intradermal) or injection into muscular tissue (intramuscular).

(20) “Supervision” means the documented oversight by a QMHP of mental health treatment services excluding medication administration. Documented oversight of medication administration shall be provided by an R.N., L.P.N., or Licensed Nurse Practitioner. The supervisor shall periodically monitor, by direct observation, the Mental Health Technician’s skill and ability to perform a task, reassess the consumer, and assess the need for continued supervision.

(21) “Treatment Plan” means a planned, medically appropriate, individualized program of interactive medical, psychological, or rehabilitative procedures, experiences, and/or activities designed to rehabilitate, relieve, or minimize mental, physical, or emotional disorders identified through an assessment.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

309-039-0720

Authorized Duties

Registered Mental Health Technicians within the limitations of their training and qualifications in accordance with Oregon Law shall:

(1) Actively participate as a member of an interdisciplinary team by:

(a) Collaborating with the consumer and other team members in setting goals, establishing plans, and making decisions regarding the care of the consumer;

(b) Ensuring the input of the consumer is included in this process whenever possible;

(d) Respecting other team members and their contributions to the care of the consumer;

(e) Seeking consultation with others when needed and, in turn, providing information when appropriate; and

(f) Coordinating knowledge and skills with other members of the interdisciplinary team.

(2) Perform interventions as defined in these rules that reflect a respect for the variety of human needs, abilities and interests, and include interventions for physical, developmental and mental health. The RMHT shall work under the supervision as defined in these rules and provide interventions as specified in the consumer’s plan of care within their authorized duties. The RMHT shall assist in the promotion, maintenance or restoration of health, and prevention of illness, by:

(a) Performing interventions only as specified by the treatment plan and that are within the scope of authorized duties of the RMHT;

(b) Documenting interventions by written records;

(d) Using acquired basic health care skills to meet consumer’s health care needs, assist in the maintenance of consumer’s optimal mental and physical health, and obtain assistance from other healthcare providers when appropriate; and

(e) Acting as the advocate of the consumer when necessary to facilitate the achievement of health.

(A) RMHT interventions can include the performance of basic care tasks as assigned or delegated by an R.N. pursuant to OAR 851-047-0000 to 851-047-0040.

(B) In addition, RMHTs can:

(i) Assist with the intake process by collecting demographic data, medical history including mental health history, current status including vital signs, height, weight, allergies, medical conditions, surgeries, substance use history, and other relevant history but does not include performing mental status examinations or comprehensive mental health assessments;

(ii) Serve as a liaison between consumer and other health care professionals;

(iii) Administer routine oral and subcutaneous injectable medications only as assigned or delegated by an R.N. pursuant to OAR 851-047-0000 to 851-047-0040;

(iv) Provide skill development groups with individuals and groups;

(v) Assist with counseling groups led by a QMHP, R.N., or other qualified professional;

(vi) Supervise recreational activities and special events;

(vii) Assist consumers with community outings;

(viii) Assist consumers with money management;

(ix) Conduct home visits to monitor activities and orientation level;

(x) Use effective communication skills; and

(xi) Report changes in consumer condition to consumer and responsible persons such as nurses, physicians, case managers, QMHP, and others.

(3) Participate in the on-going evaluation of consumer responses by:

(a) Making observations and collecting data related to specific consumers;

(b) Sharing observations and data with other members of the interdisciplinary team; and

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

309-039-0730

Approval of Training Program

(1) Training programs may apply to the Division for approval to offer mental health technician training.

(2) The program shall meet the following criteria for approval:

(a) Be at least one year in length and include a minimum of 71 total quarter hours of course work of which 27 quarter hours shall be lab and clinical courses; and

(b) Contain content and outcome objectives that adequately train the applicant with the ability to perform the authorized duties defined in these rules.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

309-039-0740

Qualifications for Registration

(1) For purposes of the pilot project the applicant must work or plan to work in Jackson or Josephine County. An applicant for mental health technician registration shall have the following qualifications:

(a) Be at least 18 years of age;

(b) Have successfully completed an approved general education course of study through the 12th grade or the equivalent thereof as determined by the Division;

(c) Have successfully passed a criminal offender records check as required under OAR 943-007-0000 through 0500 and includes a fitness determination decision made by the Division based on this criminal offender records check information; and

(d) Have successfully completed a course of study in an approved Oregon program for mental health technician, or equivalent to the training program requirements in Oregon, and approved by the Division.

(e) The applicant shall have graduated from the approved or equivalent training program within the past five years, or shall have worked a minimum of 960 hours in the last three years in a role equivalent to the authorized duties. The Division shall also review documentation of past and current job duties and supervisor letters of recommendation as part of the evidence of qualification at time of application.

(2) All applicants for registration as a mental health technician shall furnish evidence to the Division that the applicant has satisfactorily completed the requirements of registration listed above and paid the required fees. The Division holds the sole authority to grant registration to an individual.

(3) In addition to the requirements above, an applicant for endorsement shall provide written documentation that the applicant holds a valid, unencumbered license, certification, or registration as a mental health or psychiatric technician in another state which has requirements substantially equivalent to those adopted in Oregon.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

309-039-0750

Application Process for Registration

The application process for Registration of Mental Health Technicians shall be governed by the following rules:

(1) An individual shall make application on a form provided by the Division.

(2) The Division shall notify the applicant of the decision on each application by written communication and, in the event of denial, shall state the reasons.

(3) An individual whose application has been denied shall have access to due process pursuant to the Oregon Administrative Procedures Act, ORS Chapter 183, and may request a contested case hearing. A request for a hearing must be submitted to the Division in writing within 60 days of denial. The Division shall schedule a hearing and notify the applicant of the time and location of the hearing. If a request for hearing is not made within 60 days, the right to a hearing will be waived unless the applicant can establish good cause for making a late request.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

309-039-0760

Fees

The Division shall collect the following fees for application, registration, renewal of registration, and delinquent renewal fees:

(1) The application fee for registration shall be $50.00.

(2) The registration period will cover one calendar year. If the applicant applies for registration after September 1 the registration period will include the following calendar year.

(3) The fee for renewal of registration shall be $50.00.

(4) The Division shall impose a delinquent renewal fee of $25.00 for registrations renewed after January 1. After March 1 the Division shall treat a registration as lapsed.

(5) Cost of a duplicate registration certificate: $10.00.

(6) Written verification of registration: $10.00.

(7) All fees are non-refundable.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

309-039-0770

Renewal of Registration

Renewal of registration may be obtained upon submission of a form provided by the Division. Each registrant shall notify the Division in writing of a change in name or address within 30 days of the change. Renewal fees are indicated above.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

309-039-0780

Continuing Education

Continuing education may be required to renew registration and the Division should be contacted for further information regarding this process. Registrants shall not be required to comply with this requirement during the first calendar year in which they become registered.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

309-039-0790

Suspension, Denial or Revocation of Registration

(1) All forms of written communication shall be sent by the Division to the registrant’s address on file with the Division. The Division may suspend, revoke, or deny registration to applicants for any one of the following reasons:

(a) Failure to provide accurate information when applying for registration;

(b) Failure to notify the Division of name, address, and employment changes within 30 days;

(c) Evidence of conviction for any crime listed in OAR 407-007-0280 or a fitness determination that a registrant is not qualified to be a Mental Health Technician as set forth in 407-007-0300 and 407-007-0320;

(d) The registrant has been negligent in performing the authorized duties of mental health technician;

(e) The registrant is practicing beyond the scope of the authorized duties;

(f) The registrant has violated one or more of the administrative rules of the Division pertaining to registered mental health technicians;

(g) The registrant has violated one or more of the administrative rules applicable to their practice setting;

(h) Use of any controlled substance or intoxicants to an extent or in a manner dangerous or injurious to the registrant or others or to an extent that such use impairs the ability to conduct safely the duties of a mental health technician; or

(i) A physical or mental condition that makes the certificate holder unable to perform safely the duties of a mental health technician.

(2) In determining the appropriate sanction, the Division may consider circumstances that aggravate or mitigate the conduct resulting in disciplinary action.

(3) If the Division determines to suspend, revoke, or deny registration of a mental health technician the registrant shall be notified of the decision by written communication and the Division shall state the reasons.

(4) An individual whose registration has been suspended, revoked, or denied shall have access to due process pursuant to the Oregon Administrative Procedures Act, ORS Chapter 183, and may request a contested case hearing. A request for a hearing must be submitted to the Division in writing within 90 days ofdenial. The Division shall schedule a hearing and notify the applicant of the time and location of the hearing. If a request for hearing is not made within 90 days the right to a hearing will be waived unless the applicant can establish good cause for making a late request.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: MHD 1-1999, f. 2-24-99, cert. ef. 3-1-99

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon State Archives

OREGON HEALTH AUTHORITY, ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

OREGON HEALTH AUTHORITY, ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

OREGON HEALTH AUTHORITY,
ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

OREGON HEALTH AUTHORITY,
ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES