Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 90 - FORENSIC MENTAL HEALTH EVALUATORS AND EVALUATIONS
Section 309-090-0005 - Definitions

(1) "Acuity of symptoms" means the intensity and severity of the defendant's or youth's psychiatric symptoms.

(2) "Authority" means the Oregon Health Authority (OHA).

(3) "Capacity" means that the defendant or youth is able to:

(4) "Community restoration services" means services and treatment necessary to safely allow a defendant to gain or regain fitness to proceed in the community, which may include supervision by pretrial services.

(5) "Competence" or "competency" means the same as capacity.

(6) "Conditional Certification" means a psychologist, psychiatrist, or a LCSW evaluator who has not been certified by the Authority under these rules but who has received a temporary conditional certification by a court to perform a forensic evaluation in a specific criminal or delinquency case.

(7) "Court" means a criminal court or juvenile court in this state with jurisdiction over the defendant or youth.

(8) "Criminal Responsibility" means:

(9) "Defendant" means a person who is tried as an adult in a court of criminal jurisdiction.

(10) "Delinquency case" means any case involving a person who is under 18 years of age and who has committed an act that is a violation, or that if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city; and who is under the jurisdiction of the juvenile court.

(11) "Division" means the Health Systems Division of the Authority.

(12) "Evaluator" means a "certified evaluator" as defined by ORS 161.309.

(13) "Fit to Proceed" or "Fitness to Proceed" means the same as having capacity.

(14) "Forensic Evaluation" means that an evaluator assesses the defendant's or youth's fitness to proceed or criminal responsibility, completes a written evaluation, and submits it to the court or attorneys in a criminal or delinquency case.

(15) "Full Certification" means a psychiatrist, licensed psychologist, or LCSW is certified by the Authority to perform forensic evaluations under these rules for the duration of 24 months.

(16) "Guilty Except for Insanity" means that a Court has determined that a defendant lacks criminal responsibility.

(17) "Hospital level of care" means that a defendant requires the type of care provided by an inpatient hospital in order to gain or regain fitness to proceed.

(18) "Incapacitated" or "incapable" means that a defendant or youth is unable, as a result of a qualifying mental disorder, to:

(19) "Juvenile" means the same as a youth.

(20) "Juvenile Certification" means an evaluator who has been certified by the Authority under these rules to complete forensic evaluations of youths related to their fitness to proceed and criminal responsibility, or related only to their fitness to proceed in the case of LCSWs..

(21) "Licensed Clinical Social Worker (LCSW)" means a regulated social worker licensed with the Oregon Board of Licensed Social Workers pursuant to ORS 675.530.

(22) "Licensed Psychologist" means a psychologist licensed pursuant to ORS 675.010 through 675.150 by the Oregon Board of Psychologist Examiners.

(23) "Oregon Forensic Evaluator Training Program" means a training program, approved by the Authority, for psychiatrists, licensed psychologists, and LCSWs related to the best practices and requirements for forensic evaluations performed under these rules.

(24) "Psychiatrist" means a physician licensed by the Oregon Medical Board pursuant to ORS 677.010 through 677.450 and who has completed an approved residency training program in psychiatry.

(25) "Qualifying Mental Disorder" (formerly "Mental disease or defect") means:

(26) "Redacted Forensic Evaluation" means a forensic evaluation report for which all identifying information of the client and evaluator has been removed. Specific information that should be redacted includes any information which may specifically identify the defendant or youth, name and discipline of the evaluator, address, phone, fax or logos that may identify the evaluator, qualifications of the evaluator that may identify the evaluator.

(27) "Regulated Social Worker" means a baccalaureate social worker registered under ORS 675.532, a master's social worker licensed under ORS 675.533, a clinical social work associate certified under ORS 675.537 or a clinical social worker licensed under ORS 675.530.

(28) "Responsible Except for Insanity" means that a Court has determined that a youth lacks criminal responsibility.

(29) "Serious mental condition" means the youth's mental condition requires supervision and treatment services for the safety of others and is:

(30) "Successful completion of training" means:

(31) "Temporary Certification" means a psychiatrist, licensed psychologist, or LCSW is temporarily certified by the Authority to perform forensic evaluations as permitted under these rules for the duration of 12 months, with a possible extension of an additional three months. Temporary Certification allows the evaluator time to complete their Forensic Evaluator Training and/or to submit their required redacted forensic evaluation reports to the Authority for Full Certification.

(32) "Treatment team" means the clinical staff currently providing active psychiatric or psychological treatment to the defendant or youth, including but not limited to an attending psychiatrist, psychiatric mental health nurse practitioner, registered nurse, psychologist, social worker, mental health therapist, or treatment care plan specialist.

(33) "Youth" means an individual who is under 18 years of age and who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county, or city; and who is under the exclusive original jurisdiction of the juvenile court.