Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 106 - VISITATION OF PATIENTS AND RESIDENTS IN STATE INSTITUTIONS
Section 309-106-0010 - Patients' Rights to Visitation and Exceptions

Universal Citation: OR Admin Rules 309-106-0010

Current through Register Vol. 63, No. 9, September 1, 2024

(1) The Division recognizes the needs of patients 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. Except as otherwise provided in this rule, patients have the right to receive visits from any visitor who has submitted a visitor application and been approved for visitation.

(2) OSH shall provide designated places for in-person and virtual visitations to occur in as much comfort and privacy as possible.

(3) OSH may set reasonable limitations on visitation hours and days and type of visitation, and may also require supervision during a visit. OSH may grant exceptions upon visitor or patient requests to change days or hours of visitation. OSH may impose additional reasonable limitations on visitation under the following circumstances:

(a) The Governor has declared a public health emergency as set in ORS 433.441;

(b) The Governor has declared a state of emergency as set in ORS 401.165 that may impact hospital's operations, patients, or OSH staff;

(c) OSH has determined there are safety or security risks that may impact the hospital's operations, patients, or OSH staff.

(4) OSH shall post visitation rules and restrictions on every unit and in the visitation areas.

(5) A patient may refuse to see a visitor at any time.

(6) OSH patients have a right to in-person visits for approved visitors except when:

(a) Security staff or direct care staff have reasonable cause to believe that the visitor would pose a safety or security risk, introduce contraband (including prohibited items), or assist in planning or executing a patient's escape or unauthorized leave from OSH;

(b) Security staff or direct care staff have reasonable cause to believe that the visitor would be harmful to the patient's physical or mental health or may pose a safety or security risk;

(c) Security staff or direct care staff observe that the visitor's behavior is disruptive to the patient, others, or OSH, which may include consideration of the visitor's past conduct at OSH;

(d) The visitor refuses to comply with the requirements in this rule or has a history of violating these rules, including but not limited to refusal to submit to security inspection and pat-downs deemed necessary to ensure the safety and security of patients, others, and OSH;

(e) The unit is under current medical restriction because of a communicable disease, or the visitor may have a communicable disease or refuses to comply with required preventative protocols; or

(f) A visitor whose purpose is to solicit the patient to purchase an item the visitor is selling.

(g) The visitor is proselytizing regarding a religion to a patient who does not want that interaction;

(h) the circumstances in section 3 above exist.

Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360

Statutes/Other Implemented: ORS 179.321 & 426.385

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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