Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 48 - MENTAL HEALTH SPECIAL HOUSING
Section 291-048-0260 - Involuntary Assignment to a Mental Health Infirmary
Universal Citation: OR Admin Rules 291-048-0260
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Emergency:
(a) An inmate may be involuntarily assigned
to a Mental Health Infirmary for evaluation for a period not to exceed five
working days by order of the BHS program manager, treating practitioner, or
functional unit manager, only upon a finding of reasonable grounds.
(b) The decision to place an inmate in a
Mental Health Infirmary will be based on the recommendation of the mental
health staff, psychologist, thee Medical Services manager, or available program
staff. Other pertinent staff reports may also be considered.
(c) If the inmate is placed in a Mental
Health Infirmary on an emergency basis, the functional unit manager shall
inform the inmate in writing.
(d)
Assessment: Within five working days following assignment to a Mental Health
Infirmary, the mental health treatment team will assess the need for treatment.
The following mental health data shall be considered by the treating
practitioner in making the assessment:
(A)
Existence and type of disorder;
(B)
Potential therapeutic effect of a change in environment;
(C) Potential for development of a
comprehensive program for treatment of the inmate that is available within a
Mental Health Infirmary and is likely to benefit the inmate;
(D) Ability to function in the general
population; and
(E) Any other
factors substantially related to the mental health of the inmate as applicable,
including staff observation, individual diagnostic interviews and tests
assessing intellect and coping abilities.
(e) Upon completion of the assessment and
compilation of the inmate's mental health history:
(A) If the mental health treatment team
determines the inmate is not in need of the level of care in a Mental Health
Infirmary, the inmate will be returned to his/her former status or referred to
mental health treatment as appropriate.
(B) If the mental health treatment team
determines the inmate is in need of the level of care in a Mental Health
Infirmary, an overall treatment plan will be developed with appropriate
referral as needed.
(f)
The inmate will be given the opportunity to voluntarily admit himself/herself
to a Mental Health Infirmary.
(g)
If the inmate is unwilling to be voluntarily admitted, the treating
practitioner may admit the inmate on an involuntary basis.
(A) The treating practitioner will notify and
deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental
Health Special Housing (CD 1567) to the functional unit manager.
(B) The functional unit manager will notify
the hearings officer.
(C) The
hearings officer will make arrangements to conduct an involuntary assignment
hearing as outlined in OAR
291-048-0290 within five working
days after completion of the evaluation.
(2) Non-Emergency:
(a) If an inmate is thought by any staff
member to be in need of mental health treatment in a Mental Health Infirmary,
the concerned staff member may submit a recommendation for a mental health
evaluation as described in OAR
291-048-0230.
(b) If the mental health specialist
recommends placement in Mental Health Infirmary, admission consideration will
follow as provided in section (1)(d)(A)-(E) of this rule, with notification to
the functional unit manager.
(c)
The inmate will be given the opportunity to voluntarily admit himself/herself
to a Mental Health Infirmary. If the inmate is unwilling to be voluntarily
admitted, the treating practitioner may admit the inmate on an involuntary
basis.
(A) The treating practitioner will
notify and deliver a copy of the Notice of Emergency/Involuntary Assignment to
Mental Health Special Housing (CD 1567) to the functional unit
manager.
(B) The functional unit
manager will notify the hearings officer.
(C) The hearings officer will make
arrangements to conduct an involuntary assignment hearing as outlined in OAR
291-048-0290 within five working
days after completion of the evaluation.
(3) Recommended Length of Stay: In all instances where assignment is recommended, the treating practitioner will include a recommendation for the length of stay in a Mental Health Infirmary, not to exceed 180 days.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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