Current through Register Vol. 63, No. 9, September 1, 2024
(1) Except for
provided in section (2) of this rule, the following individuals are
automatically approved for visitation:
(a) A
patient's attorney recognized by the court as representing the patient, or an
agent of the attorney, such as an investigator or paralegal, provided each
person provides evidence of their representation of the patient, including but
not limited to state bar membership or a letter of representation from the law
firm or engagement letter from the investigation firm.
(b) A court-appointed, attorney-appointed or
otherwise contracted licensed psychologist or psychiatrist whose purpose of
conducting an independent evaluation of the patient and where legal authority
to conduct the evaluation has been provided to OSH, such as but not limited to
a court order or letter of engagement signed by the patient, guardian, judge or
patient's attorney; or
(c) The
patient's legal guardian who has provided proof of current
guardianship.
(2) For
those visitors automatically approved under section (1) of this rule, the
Superintendent may place limitations on visitation by notifying the visitor and
patient in writing based on a significant safety issue, security risk, or
disruption to hospital operations. These circumstances may include but are not
limited to:
(a) The visitor commits or
attempts to commit a crime upon OSH premises or against the patient;
and
(b) The visitor repeatedly
violates or attempts to violate visitation rules.
(3) All other individuals, who want to visit
a patient at OSH, are required to apply for and be approved for visitation by
OSH prior to visiting a patient.
(4) As part of the visitor application, all
visitors must do the following:
(a) Complete
the online visitor application, available on OSH's website;
(b) Submit to an annual background
check;
(c) Disclose any medical
device or equipment (e.g., pacemaker, inhaler, wheelchair, or walker) or
necessary prescription medication that the visitor is bringing into the secure
perimeter of the hospital and provide a description of such equipment or
medication.
(A) Visitors with proper
documentation from a physician, nurse practitioner, or medical clinic regarding
a medical condition or disability requiring a medical device or equipment,
shall present this information to OSH staff to help inform staff of the
visitor's circumstances. This documentation will not exempt the visitor from
the security screening process.
(B)
Any prescription medication must be in its original container with the original
label that contains the visitor's name, name of medication, prescriber, and
prescription number.
(C) If a
visitor is prescribed medication or must rely on a new medical device or
equipment after their application has been approved, the visitor must contact
the OSH Reception Center at least 48-hours prior to their next visitation to
provide satisfactory documentation of the new medication or medical device that
they plan to bring with them to visitation.
(D) If the new prescribed medication or
medical device or equipment was prescribed in fewer than 48-hours prior to the
visitation, the visitor must contact the OSH Reception Center as soon as
practicable prior to the visit and provide satisfactory documentation of the
new medication or medical device or equipment that they plan to bring with them
to visitation.
(E) Disclose whether
the visitor is bringing a service animal to the visit and complete any
OSH-required pre-approval paperwork for the animal.
(d) Disclose if they are accompanying a minor
child to the visitation, and provide documentation confirming that each child
visiting a patient is the visitor or patient's child or is in the visitor's
legal custody or court-ordered physical custody at the time of the
application.
(5) OSH
must deny an application for all types of visitation, in-person and virtual,
for the following reasons:
(a) The patient or
visitor is prohibited by a court order from contacting one another or being in
the same geographic area.
(b) The
visitor is a minor and the patient has a pending criminal charge or a
conviction of a sex offense against a minor, unless the minor is the patient's
biological or adopted child or grandchild who is not the victim of the pending
criminal charge or a conviction of a sex offense against a minor.
(c) The visitor is accompanying a minor, and
the visitor has a pending or prior conviction of a sex offense involving a
minor.
(d) The visitor is a former
staff member and there are allegations or findings of abuse or neglect related
to a patient.
(6) OSH
must deny an application for in-person visitation for the following reasons but
may approve an application for virtual visitation:
(a) The visitor has active
warrants;
(b) The visitor was
convicted of possession, control, or delivery of an explosive device;
(c) The visitor has a pending criminal charge
or a conviction in the preceding 10 years of a violent felony as that term is
defined in ORS 147.500; and
(d) The
visitor has a pending criminal charge or a conviction for a drug-related crime
in the preceding 5 years, except where the visitor confirms that they are the
patient's 12-step program sponsor (e.g. Alcoholics Anonymous, Narcotics
Anonymous, Cocaine Anonymous, Al-Anon, etc.) or peer recovery specialist, they
have no pending drug-related charge, and the only drug-related conviction is in
the preceding 3 years, they may have in-person visitation with the
patient.
(7) OSH may
deny an application for visitation if the security staff or direct care staff
believe that the visitor could pose a clinical, safety or security risk to the
patient, others or the hospital. Specific reasons for the restriction must be
documented.
(8) OSH shall notify
the patient in writing of a limitation on a visit or denial of a visitor
application under these rules, unless notification would be detrimental to the
patient's mental or physical health, which must be documented. The notification
must state the reasons, duration and review process.
(9) OSH may set place limitations on a
visitor as provided in OAR chapter 943, division 12.
(10) A patient or their representative may
request review of OSH's decision to deny a visitor's application by following
the grievance procedures set out in OAR chapter 309, division 118.
Statutory/Other Authority: ORS 179.040, 413.042 & ORS
179.360
Statutes/Other Implemented: ORS 179.321 &
426.385
