Or. Admin. R. 309-104-0010 - Policy

(1) All patients and residents have the right to make and receive telephone calls except as provided in section (4) of this rule.

(2) State institutions shall make available to patients and residents telephones which are accessible and ensure privacy.

(3) Except as stated in section (4) of this rule, no employee or any person acting through, or on behalf of, the Division shall monitor telephone conversations, or prevent or obstruct a patient or resident from making or receiving telephone calls.

(4) State institutions shall have the right to restrict use of telephones under the following circumstances:

(a) State institutions may set reasonable hours for telephone use by patients and residents for both incoming and outgoing calls. Exceptions to this provision are a patient's or resident's lawyer, clergy or personal physician, or in emergency situations;

(b) Unless the patient or resident objects, an employee may provide assistance in making or receiving telephone calls for those residents or patients who have physical or mental handicapping conditions which prevent them from performing these activities. Need for this assistance must be documented in the patient's or resident's chart by a physician or qualified mental retardation professional;

(c) State institutions have the right to reasonably restrict telephone usage if a patient or resident misuses or abuses access to telephones.

(5) Access to telephones shall not be denied in connection with any behavioral contingencies or earned privileges.

(6) State institutions may install public telephones on living units for patients and residents as long as the institution ensures that telephones are private, available, and accessible. Calls to a patient's or resident's attorney, private physician, or clergyman will not be restricted solely on account of funds.

(7) A patient or resident has the right to contest any restriction on access to telephones or other application of these rules as provided in OAR 309-118-0000 through 309-118-0050 (Grievance Procedures for Use in State Institutions).

(8) Violation of the rights, policies, and procedures set forth in these rules by an employee of the Division constitutes cause for disciplinary action.

Notes

Or. Admin. R. 309-104-0010

MHD 28-1982, f. 12-28-82, ef. 1-28-83

Stat. Auth.: ORS 179.040 & 413.042

Stats. Implemented: ORS 179.040 & 413.042