Or. Admin. R. 309-019-0135 - Entry and Assessment

(1) The program shall utilize an entry procedure that at a minimum shall ensure the provision and documentation of the following:

(a) Individuals shall be considered for entry without regard to race, ethnicity, gender, gender identity, gender expression, sexual orientation, religion, creed, national origin, age (except when program eligibility is restricted to children, adults, or older adults), familial status, marital status, source of income, and disability;

(b) The provider may not solely deny entry to individuals who are prescribed medication to treat opioid dependence;

(c) Individuals shall receive services in the most timely manner feasible consistent with the presenting circumstances;

(d) Written voluntary informed consent for services shall be obtained from the individual or guardian prior to the start of services. If consent is not obtained, the reason shall be documented and further attempts to obtain informed consent shall be made as appropriate;

(e) The provider shall develop and maintain service records and other documentation for each individual that demonstrates the specific services and supports provided;

(f) The provider shall submit timely status and service data in the mandated state data system, as required by the Division for:

(A) Each individual whose services are paid for in-full or in-part by public funds; and

(B) Each individual enrolled in a DUII Services Program as outlined in OAR 309-019-0195 regardless of payor.

(g) In accordance with ORS 179.505, HIPAA, and 42 CFR Part 2, an authorization for the release of information shall be obtained for any confidential information concerning the individual being considered for or receiving services;

(h) At the time of entry, the program shall offer to the individual and guardian, if applicable, written program orientation information. The written information shall be in a language understood by the individual and shall include:

(A) An opportunity to complete a Declaration for Mental Health Treatment with the individual's participation and informed consent;

(B) A description of individual rights consistent with these rules;

(C) Policy concerning grievances and appeals consistent with these rules including an example grievance form;

(D) Notice of privacy practices; and

(E) An opportunity to register to vote, per federal requirement.

(2) Entry requirements for providers that receive the Substance Abuse Prevention Treatment (SAPT) block grant:

(a) Individuals shall be prioritized in the following order:

(A) Individuals who are pregnant and using substances intravenously;

(B) Individuals who are pregnant;

(C) Individuals who are using substances intravenously; and

(D) Individuals or families with dependent children.

(b) Individuals using substances intravenously shall receive interim referrals and information prior to entry to reduce the adverse health effects of substance use, promote the health of the individual, and reduce the risk of transmission of disease. At a minimum, interim referral and informational services shall include:

(A) Counseling and education about blood borne pathogens including Hepatitis, HIV, STDs, and Tuberculosis (TB); the risks of needle and paraphernalia sharing; and the likelihood of transmission to sexual partners and infants;

(B) Counseling and education about steps that can decrease the likelihood of Hepatitis, HIV, STD, and TB transmission;

(C) Referral for Hepatitis, HIV, STD, and TB testing, vaccine, or care services if necessary;

(D) For pregnant women, counseling on the likelihood of blood borne pathogen transmission as well as the effects of alcohol, tobacco, and other drug use on the fetus and referral for prenatal care; and

(E) Peer Delivered Services that address parenting and youth in transition support, as indicated.

(3) At the time of entry, an assessment shall be completed.

(a) Qualified program staff shall complete the assessment as follows:

(A) A QMHP in mental health programs;

(B) Supervisory or treatment staff in substance use disorders treatment programs; or

(C) Supervisory or treatment staff in problem gambling treatment programs.

(b) Each assessment shall include sufficient information and documentation to justify the presence of a diagnosis that is the medically appropriate reason for services;

(c) For substance use disorders services, each assessment shall be consistent with the dimensions described in the ASAM and shall document a diagnosis and level of care determination consistent with the DSM and ASAM;

(d) When the assessment process determines the presence of co-occurring substance use, gambling disorder or mental health disorders, or any risk to health and safety.

(A) Additional assessments shall be used to determine the need for additional services and supports and the level of risk to the individual or to others; and

(B) Providers shall document referral for further assessment, planning, and intervention from an appropriate professional, either with the same provider or with a collaborative community provider;

(e) Providers shall update assessments when there are changes in clinical circumstances; and

(f) Any individual continuing to receive mental health services for one or more continuous years shall receive an annual assessment by a QMHP.

Notes

Or. Admin. R. 309-019-0135

MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14; MHS 4-2014, f. & cert. ef. 2-3-14; MHS 18-2016, f. 11-28-16, cert. ef. 11/30/2016; MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17; MHS 6-2017, f. & cert. ef. 6/23/2017; MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18; MHS 4-2018, amend filed 02/27/2018, effective 3/1/2018; BHS 11-2021, amend filed 06/16/2021, effective 6/16/2021

Statutory/Other Authority: ORS 161.390, 413.042, 430.256 & 430.640

Statutes/Other Implemented: ORS 161.390 - 161.400, 428.205 - 428.270, 430.010, 430.205- 430.210, 430.254 - 430.640, 430.850 - 430.955 & 743A.168