Or. Admin. R. 309-108-0005 - Definitions
As used in these rules:
(1) "Contraband " means any controlled
substance, drugs not prescribed to the patient , drugs not prescribed or
authorized by OSH , drug paraphernalia, weapons, unauthorized currency or
prohibited items.
(2) "Controlled
Substance " means a drug or its immediate precursor classified in Schedules I
through V under the federal Controlled Substances Act,
21 USC
811 to
812, as modified under ORS
475.005 and ORS
475.035.
(3) "Cultural Food/Items " means an item that
relates to a patient 's cultural or ethnic identity.
(4) "Division " means the Health Systems
Division of the Oregon Health Authority.
(5) "Drug " means:
(a) Substances recognized as drugs in the
official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
United States or official National Formulary, or any supplement to any of
them;
(b) Substances intended for
use in the diagnosis , cure, mitigation, treatment or prevention of disease in
humans or animals;
(c) Substances
(other than food) intended to affect the structure or any function of the body
of humans or animals, including but not limited to vitamins, supplements,
dietary powders, synthetic cathinones, synthetic cannabinoids; or
(d) Substances intended for use as a
component of any article specified in paragraph (a), (b) or (c) of this
subsection; however, the term does not include devices or their components,
parts or accessories.
(6)
"Drug Paraphernalia" means all equipment, products and materials of any kind
that are marketed for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human body a controlled substance in violation of ORS
475.752 to
475.980.
(7) "Excess Personal Property " means property
which cannot be stored in the designated storage in the patient 's room or
personal storage space on the unit.
(8) "Good Faith Belief " means an honest or
sincere belief in something.
(9)
"Harassment " means a patient who is communicating or attempting to communicate
with an individual or entity that they are prohibited from contacting by a
court order, treatment care plan, or other legal requirement.
(10) "Limited Access Item " means an item that
could pose a safety or security risk in the possession of a patient but is
permitted for a set duration of time with the prior authorization of OSH staff
and, if applicable, with the direct supervision of OSH staff. A limited access
item becomes a prohibited item if the patient possesses or uses the item
outside of the scope of the authorization or without OSH staff supervision if
required.
(11) "Oregon State
Hospital " or "OSH" or "hospital" means any campus of the Oregon State Hospital
system.
(12) "OSH Market" means an
on-site retail establishment where patients, family members or friends who are
visitors as defined in chapter 309 division 106 may purchase unrestricted items
or authorized limited access items for the patient.
(13) "OSH Staff" means OSH employees,
contractors, interns, and volunteers who have direct or indirect contact with
patients.
(14) "Package " means any
item sent by or received by a patient that does not meet the definition of
mail, journalist mail, or legal mail.
(a)
"Authorized Package " means a package received by OSH for a patient that has
been prior authorized under these rules.
(b) "Unauthorized Package " any package that
is not an authorized package .
(15) "Patient " means an individual who is
receiving care and /or treatment at OSH, whether the program where the
individual is receiving care and/or treatment is licensed as hospital level of
care or other licensed level of care.
(16) "Patient Clothing" means an item worn to
cover the patient 's body.
(17)
"Patient Property Room" means a designated area where patients may store
personal property in a designated bin that cannot be stored in their
room.
(18) "Personal Bedding " means
two pillows, one blanket or comforter, and one sheet set.
(19) "Personal Property " means unrestricted
items that belong to the patient that can be kept in the designated storage of
the patient 's room or patient property room.
(20) "Prohibited Item " means:
(a) Alcohol;
(b) Possession of drugs in the patient 's room
without authorization by OSH ;
(c)
Any item that reasonably could be used to escape or leave the hospital without
authorization;
(d) Food stored in
the patient room or in the patient 's storage in the patient property
room;
(e) Any item in the
possession of a patient who is prohibited from possessing or using that item in
their treatment care plan because it is considered detrimental to their
treatment;
(f) Excess personal
property ;
(g) Any limited access
item in the possession of a patient that exceeds the scope of the authorization
or is not being supervised by OSH staff as required; or
(h) Any item that could pose a safety or
security risk for the hospital .
(21) "Reading Materials " means a written or
printed work consisting of pages glued or sewn together along one side and
bound in covers, such as books or magazines.
(22) "Reasonable Cause " means an OSH staff
member has knowledge or notice of facts or circumstances and the rational
inferences drawn therefrom that would lead a reasonable and experienced OSH
staff member to come to a conclusion.
(23) "Religious Item " means an item that is
associated with the patient 's particular system of faith and worship.
(24) "Safety " means protecting the patient
and others from potential harm or preventing the patient from escaping or
leaving without authorization, damaging state property, damaging the patient 's
or another patient 's personal property, or committing or attempting to commit a
crime.
(25) "Search " means a close
inspection, including physical contact of a patient , of a person's room or
living area, or of the patient 's personal property. Searches may require the
removal and separate inspection of shoes, jackets, purses, bags and other
accessories.
(26) "Security
inspection " means a visual inspection or a non-invasive inspection using a
device (e.g., metal detector, x-ray), without the element of a personal contact
search .
(27) "Security Reason "
means protecting the patient from serious and immediate harm and protecting
others from threats or harassment.
(28) "Superintendent " means the executive
head of the Oregon State Hospital or the Superintendent's designee.
(29) "Threat " means the patient expressing an
intent to harm, cause alarm to, or intimidate another individual .
(30) "Treatment Care Plan " means an
individualized and comprehensive written plan of therapeutic interventions
designed, in collaboration between the patient and their treatment team, to
facilitate rehabilitation of psychiatric symptoms.
(31) "Unauthorized Currency " means paper
money and coins in the possession of a patient in an amount or in a location
not authorized by OSH .
(32)
"Unrestricted Items " means any item that is not contraband and has been
authorized by OSH for the patient's use or possession.
(33) "Weapon " means any item that can be used
or modified to be used to harm the patient or others, including but not limited
to guns, knives, improvised pointed or bladed instrument, and pepper
spray
Notes
Statutory/Other
Statutes/Other Implemented: ORS 179.321 & 426.385
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