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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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OREGON HEALTH AUTHORITY,
ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

 

DIVISION 106

VISITATION OF PATIENTS AND RESIDENTS IN

STATE INSTITUTIONS

 

309-106-0000

Purpose and Statutory Authority

(1) Purpose. These rules prescribe policy and procedures concerning visitation of patients and residents in state institutions.

(2) Statutory Authority. These rules are authorized by ORS 179.040 and 413.042 and carry out the provisions of ORS 426.385 and 427.031.

Stat. Auth.: ORS 179.040 & 413.042
Stats. Implemented: ORS 179.321, 426.385 & 427.031
Hist.: MHD 29-1982, f. 12-28-82, ef. 1-28-83

309-106-0005

Definitions

As used in these rules:

(1) “Administrator” means the Assistant Director, Human Resources, and Administrator for Addictions and Mental Health.

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

(3) “Patient” means a person who is receiving care and treatment in a state institution for the mentally ill.

(4) “Qualified Mental Retardation Professional” means a person who meets the professional requirements prescribed by 42 CFR 442.401 or as amended.

(5) “Reasonable Cause” means that the person must have knowledge or notice of facts and circumstances which would lead a person of ordinary care and prudence to have a strong suspicion.

(6) “Resident” means a person who is receiving care, treatment, and training in a state institution for the mentally retarded.

(7) “State Institution” means Dammasch State Hospital in Wilsonville, Oregon State Hospital in Salem, Fairview Training Center in Salem, and Eastern Oregon Hospital and Training Center in Pendleton.

(8) “Superintendent” means the executive head of the state institution as listed in section (7) of this rule.

(9) “Visitor” means any person who is not a patient or resident of a particular ward or cottage and is not a Division employee or volunteer regularly assigned to the state institution.

Stat. Auth.: ORS 179.040 & 413.042
Stats. Implemented: ORS 179.321, 426.385 & 427.031
Hist.: MHD 29-1982, f. 12-28-82, ef. 1-28-83

309-106-0010

Policy

(1) The Division recognizes the needs of patients and residents to have access to and maintain contact with family members and the community of which they are a part as well as the needs of family and community members to have access to patients and residents. Except as provided in section (6) of this rule, patients and residents have the right to receive visits from anyone they wish.

(2) State institutions shall provide designated places for visitations to occur in as much comfort and privacy as possible.

(3) State institutions may set reasonable limitations on visitation hours.

(4) State institutions shall post visitation rules and restrictions on every living unit and in the administration area.

(5) A patient’s or resident’s lawyer, physician or clergy shall not be restricted to the time and place limitations established by the institution under sections (2) and (3) of this rule.

(6) State institutions shall have the right to restrict visitation under the following circumstances:

(a) The patient or resident refuses to see the visitor;

(b) Reasonable cause exists to believe that the visitor would be harmful to the patient’s or resident’s physical or mental health;

(c) The visitor’s behavior is unreasonably disruptive to the institution or any part thereof;

(d) Reasonable cause exists to believe that the visitor would endanger the safety of patients, residents or staff by introducing contraband or assisting in planning or executing escape from the institution;

(e) The visit would constitute an unreasonable intrusion into the privacy of one or more residents or patients;

(f) Alcohol and drug programs in state institutions may impose a programmatic restriction on visitation of up to two weeks for newly admitted patients. Exceptions to this restriction are the patient’s lawyer, clergy, and private physician;

(g)(A) The patient or resident has been adjudicated incompetent and has a legal guardian, or the patient or resident is an unemancipated minor;

(B) The legal guardian or custodial parent of the patient or resident has requested a restriction and has demonstrated good cause therefor; and

(C) The treating physician or qualified mental retardation professional has ordered the restriction pursuant to the request of the legal guardian or custodial parent.

(7) Violation of the rights, policies, and procedures set forth in these rules by an employee of the Division constitutes cause for disciplinary action.

Stat. Auth.: ORS 179.040 & 413.042
Stats. Implemented: ORS 179.321, 426.385 & 427.031
Hist.: MHD 29-1982, f. 12-28-82, ef. 1-28-83

309-106-0015

Procedures

(1) Each institution shall designate a central location to initially receive visitors and shall make available information on visitation procedures and restrictions.

(2) Decisions by the physician or qualified mental retardation professional to restrict a visitor must be documented in the patient’s or resident’s record by that professional. Specific reasons for the restriction must be clearly stated with supporting documentation, as needed.

(3) State institutions must notify the affected patient or resident of a restriction in writing and within 24 hours of imposing the restriction. The notification must state the reasons and duration of restriction and explain to the patient or resident the right to appeal imposition of the restriction.

(4) Decisions to restrict a visitor must be reviewed and, if necessary, renewed at least monthly for a patient and at least quarterly for a resident by the physician or qualified mental retardation professional. Restrictions will expire unless renewed.

(5) A patient, resident, parent, guardian, or other persons significantly involved with a patient or resident has the right to contest any restriction on visitors or other application of these rules as provided in OAR 309-118-0000 through 309-118-0050 (Grievance Procedures for Use in State Institutions).

Stat. Auth.: ORS 179.040 & 413.042
Stats. Implemented: ORS 179.321, 426.385 & 427.031
Hist.: MHD 29-1982, f. 12-28-82, ef. 1-28-83

309-106-0020

Notice to Patients, Residents, and Employees

(1) Upon admission, state institutions shall inform patients and residents, orally and in writing, of the rights, policies, and procedures set forth in these rules. In addition, a clear and simple statement of the title and number of these rules, their general purpose, and instructions on how to obtain a copy of the rules and how to seek advice about their content shall be prominently displayed in areas frequented by patients and residents in all state institutions.

(2) All employees of state institutions shall be notified in writing at the commencement of their employment, or, for present employees, within a reasonable time of the effective date of these rules, of the rights, policies, and procedures set forth in these rules.

Stat. Auth.: ORS 179.040 & 413.042
Stats. Implemented: ORS 179.321, 426.385 & 427.031
Hist.: MHD 29-1982, f. 12-28-82, ef. 1-28-83

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