Current through Register Vol. 63, No. 9, September 1, 2024
(1) Persons under
civil commitment have the rights provided under ORS
426.385, ORS
430.205 through
430.210, and this rule,
including:
(a) A person under civil
commitment's right to fresh air.
(b) If a person under civil commitment
requests access to fresh air and the outdoors or the person under civil
commitment's treating health care provider determines that fresh air or the
outdoors would be beneficial to the person under civil commitment, the facility
in which the person under civil commitment is receiving services shall provide
daily access to fresh air and the outdoors unless this access would create a
significant risk of harm to the person under civil commitment or
others;
(c) The determination
whether a significant risk of harm to the person under civil commitment or
others exists shall be made by the person under civil commitment's treating
health care provider. The treating health care provider may find that a
significant risk of harm to the person under civil commitment or others exists
if:
(A) The person under civil commitment's
circumstances and condition indicate an unreasonable risk of harm to the person
under civil commitment or others which cannot be reasonably accommodated within
existing programming should the person under civil commitment be allowed access
to fresh air and the outdoors; or
(B) The facility's existing physical plant or
existing staffing prevent the provision of access to fresh air and the outdoors
in a manner than maintains the safety of the person under civil commitment or
others.
(d) If a facility
determines that its existing physical plant prevents the provision of access to
fresh air and the outdoors in a safe manner, the facility shall make a good
faith effort at the time of any significant renovation to the physical plant
that involves renovation of the unit or relocation of where persons under civil
commitment are treated to include changes to the physical plan or location that
allow access to fresh air and the outdoors, so long as such changes do not add
an unreasonable amount to the cost of the renovation.
(2) Provision of care at a state hospital.
The superintendent of the state hospital shall be responsible for all
admissions to the state hospital pursuant to OAR
309-091-0015. The superintendent
shall implement policies and procedures which afford a person under civil
commitment placed in a state hospital the rights provided by ORS
426.385,
430.205 through
430.210 and this rule.
(3) Provision of care at a community
hospital. The director shall place a person under civil commitment only at a
community hospital approved under OAR
309-033-0530:
(a) The Licensed Independent Practitioner
(LIP), in consultation with the director, shall determine whether the best
interests of a person under civil commitment are served by an admission to a
community hospital;
(b) The
administrator shall implement policies and procedures which afford a person
under civil commitment placed in a community hospital the rights provided by
ORS 426.385,
430.205 through
430.210 and this
rule.
(4) Provision of
care at a nonhospital facility or an outpatient program. The director shall
only place a person under civil commitment in a nonhospital facility that is
licensed or certified by the Division:
(a) The
administrator, in consultation with the director, shall determine whether the
best interests of a person under civil commitment are served by an admission to
a nonhospital facility or an outpatient program;
(b) The administrator shall implement
policies and procedures which afford a person under civil commitment placed in
a nonhospital facility or an outpatient program the rights provided by ORS
426.385,
430.205 through
430.210 and this rule;
(c) The director shall place the person under
civil commitment on a trial visit when the person is discharged from a level
one facility to a lower level of care in accordance with OAR
309-033-0290 and
309-033-0300;
(d) The director shall place a person under
civil commitment, who the court has ordered on outpatient commitment at the
commitment hearing, on outpatient commitment when the director places the
person in a facility other than a level one facility.
(5) Provision of medical services for a
person under civil commitment. The superintendent of a state hospital, the
treating LIP at a community hospital or the director may transfer a person
under civil commitment to a general hospital, or transfer a person under civil
commitment from a psychiatric ward to a medical ward for medical care:
(a) The treating LIP shall only provide
medical care with the consent of the person under civil commitment in
accordance with OAR 309-033-0600 through
309-033-0650;
(b) The superintendent or treating LIP shall
transfer a person under civil commitment to a general hospital for medical
services on a pass or discharge the person from the state hospital when it is
determined that the person will not return to the state hospital within a
reasonable length of time, or that discharge is clinically appropriate and is
required for the person to have access to third-party insurance
benefits;
(c) The treating LIP
shall immediately notify the director that a person was transferred to another
hospital for medical care under this subsection.
Statutory/Other Authority: ORS
413.042,
426.060,
426.385 &
430.205 -
430.210
Statutes/Other Implemented: ORS
426.005 -
426.395
