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

 

DIVISION 108

HANDLING OF PERSONAL PROPERTY OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS

 

309-108-0000

Purpose and Statutory Authority

(1) Purpose. These rules prescribe procedures for the handling of personal property 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 30-1982, f. 12-28-82, ef. 1-28-83; MHD 7-1986, f. & ef. 9-4-86

309-108-0005

Definitions

As used in these rules:

(1) “Administrator” means the Assistant Director, Human Resources, and Administrator for 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) “Prohibited Item” means:

(a) Alcoholic beverages, controlled substances, and prescription and non-prescription drugs or medications;

(b) Any item that reasonably can be used as a weapon or instrument of escape;

(c) Any item the possession of which is detrimental to the treatment and training or health and safety of the patients or residents in a particular ward or cottage and which is prohibited in writing and posted on the affected ward or cottage; and

(d) Any item the possession of which is detrimental to the treatment and training of an individual patient or resident and which is recorded in the treatment and training orders section of the patient’s or resident’s chart by the treating physician or qualified mental retardation professional.

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

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

(7) “Search” means a close inspection of a patient/resident’s person, and a patient/resident’s room or living area and personal property whenever there is a reasonable cause that said patient/resident may be in possession of a prohibited item.

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

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

(10) “Superintendent” means the executive head of the state institution as listed in section (9) of this rule.

Stat. Auth.: ORS 179.040 & 413.042
Stats. Implemented: ORS 179.321, 426.385 & 427.031
Hist.: MHD 30-1982, f. 12-28-82, ef. 1-28-83; MHD 7-1986, f. & ef. 9-4-86

309-108-0010

Policy

(1) All patients and residents shall have the right to retain and use on each ward or cottage reasonable amounts of personal property, other than prohibited items. State institutions shall provide on each ward or cottage private, adequate, and accessible storage for reasonable amounts of personal property:

(a) Patients and residents needing specific assistance in exercising the right to retain and use personal property shall receive such assistance. This shall be documented in the treatment or training plan;

(b) Each state institution shall develop procedures to protect the personal property of patients and residents against theft by other patients and residents.

(2) State institutions shall designate one or more locations for storage of reasonable amounts of excess personal property. Excess personal property is property which cannot be stored on the patient’s or resident’s ward or cottage due to size or amount.

(3) State institutions shall provide a secure location for storage of patients’ and residents’ valuables. Valuables include, but are not limited to, stocks, bonds, jewelry, cash above the amount permitted on the ward or cottage, heirlooms, credit cards, driver’s license and any other small item, excluding prohibited items and excess property, which a patient or resident wants retained in a secure location.

(4) Excess property and valuables shall be returned to the patient or resident upon release or discharge of the patient or resident, or upon request of the patient or resident if there is space available on the ward or cottage to accommodate it.

(5) Prohibited items shall be handled as provided in OAR 309-108-0015(6).

(6) State institutions may restrict the amount of cash allowed to be retained by patients or residents on the living unit.

(7) A patient/resident may be searched by Division personnel whenever said personnel have reasonable cause to believe that a patient/resident may be in possession of a prohibited item.

(8) No employee or any person acting through, or on behalf of the Division shall censor a patient’s or resident’s personal property unless there is reasonable cause to believe that such item is contrary to the treatment and training goals of the individual. Such censorship must be documented in the patient’s or resident’s record by the treating physician or qualified mental retardation professional with supporting documentation, as necessary and communicated to the patient or resident in writing.

(9) Patients and residents shall have the right to appeal the application of any portion of these rules as provided in OAR 309-118-0000 through 309-118-0050 (Grievance Procedures for Use in State Institutions).

(10) 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 30-1982, f. 12-28-82, ef. 1-28-83; MHD 7-1986, f. & ef. 9-4-86

309-108-0015

Procedures

(1) All personal property that a patient or resident brings into the institution at the time of admission must be itemized in writing with an accompanying description, regardless of where the item is stored.

(2) Staff shall encourage and assist patients and residents to mark all personal property in such a way which identifies it as an individual patient’s or resident’s possession.

(3) Any medications brought by the patient or resident at the time of admission should be sent home with a legal guardian or family member if possible. If this is not possible, the medication must be marked with the patient’s or resident’s name and case number and sent to the pharmacy of the state institution until the patient or resident is discharged.

(4) Patients and residents may bring, or have brought or sent in, nutritional supplements (e.g., vitamins and minerals), and may use them provided that the patient’s or resident’s treating physician inspects, tests, or otherwise checks the substance claimed to be a nutritional supplement and determines that:

(a) The substance is a nutritional supplement;

(b) The substance is safe for human consumption or use; and

(c) Use or consumption of the nutritional supplement will not interfere with the testing, diagnosis, treatment, or training of the patient or resident; and

(d) The nutritional supplements are kept by the ward or cottage staff in a secure place and dispensed upon request.

(5) Any items sent through the mail or given by a visitor to a patient or resident become the personal property of that patient or resident and shall be handled in accordance with the procedures set forth in these rules.

(6) Prohibited items shall be handled as follows:

(a) The rules regarding the possession of prohibited items shall be discussed with the patient or resident and if the patient or resident is an unemancipated minor or legally incapacitated, the patient’s or resident’s parent or legal guardian, and such items shall be disposed of as follows:

(A) Given to the patient’s or resident’s parent, guardian, spouse, friend, attorney, or other person designated by the patient or resident;

(B) In the case of gifts, returned to the sender or giver;

(C) Kept in a secure location on the ward or cottage or central location of the institution for delivery to the patient or resident upon release or discharge from the institution; or

(D) Destroyed in the presence of at least two employees of the state institution.

(b) If agreement cannot be reached over the disposition of such items, the patient or resident may appeal the proposed disposition of prohibited items pursuant to the Division’s grievance procedures in OAR 309-118-0000 through 309-118-0050. The state institution must retain the prohibited item in a secure location until a decision is made;

(c) The possession of items prohibited by law shall be turned over to the appropriate law enforcement authorities.

(7) Searches shall adhere to the following restrictions:

(a) Except for visual inspection of nose, mouth or ears without digital intrusion, all internal examinations must be conducted by either a physician or a nurse and only upon authorization of the superintendent or designee;

(b) Except for physicians and nurses, only same sex personnel shall carry out searches of a patient/resident’s person except in emergencies;

(c) Upon completion of searches of a patient/resident’s living area and personal property staff shall return the area to a neat and orderly condition and ensure that authorized property is in no way damaged or dispossessed.

(8) State institutions shall develop written procedures for handling missing personal property. These procedures may include the involvement of law enforcement authorities.

Stat. Auth.: ORS 179.040 & 413.042
Stats. Implemented: ORS 179.321, 426.385 & 427.031
Hist.: MHD 30-1982, f. 12-28-82, ef. 1-28-83; MHD 7-1986, f. & ef. 9-4-86

309-108-0020

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 30-1982, f. 12-28-82, ef. 1-28-83

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