Or. Admin. R. 309-033-0210 - [Effective until 4/11/2023] Definitions

(1) "Administrator" means the chief of psychiatric services in a community hospital or the person in charge of treatment and rehabilitation programs at nonhospital facilities. Whenever "administrator" appears it means the administrator or designee.
(2) "Assignment" means the designation, pursuant to ORS 426.060, by the Division or its designee of the hospital, facility or CMHP where the person under civil commitment is to receive care, custody and treatment during the commitment period.
(3) "Authority" or "OHA" means Oregon Health Authority.
(4) "Caregiver" means the person who is appointed by the court under ORS 426.125 to be allowed to care for a person who has a mental illness on conditional release.
(5) "Clinical record" means the record required by OAR 309-014-0035, General Standards for Delivery of Community Mental Health Services Elements, documenting the mental health services delivered to clients by a CMHP or subcontractor.
(6) "Community Mental Health Program (CMHP)" means the entity responsible for organization of various services for persons with a mental health diagnosis or addictive disorders, operated by, or contractually affiliated with, a local mental health authority and operated in a specific geographic area of the state under an agreement with the Division pursuant to OAR 309-014-0000.
(7) "Community hospital" means any hospital that is not a state hospital.
(8) "County governing body" means the county court or the board of county commissioners of one or more counties who operate a CMHP, or in the case of a Native American Reservation, the Tribal Council, or if the county declines to operate or contract for all or part of a CMHP, the board of directors of a public or private corporation selected by the county.
(9) "County of residence" means the county where the person currently maintains a mailing address or, if the person has no current mailing address within the state, the county where the person was found or the county in which a person under civil commitment has been conditionally released as defined by ORS 426.241 to 426.255.
(10) "Court" means the circuit court acting pursuant to ORS Chapter 426.
(11) "Custody" means the prehearing physical retaining of a person taken into custody by:
(a) A peace officer pursuant to ORS 426.070, 426.228, 426.233;
(b) A peace officer at the direction of the director pursuant to ORS 426.233;
(c) A health care facility licensed under ORS Chapter 441 and approved by the Division, pursuant to ORS 426.231;
(d) A state hospital pursuant to ORS 426.232;
(e) A hospital pursuant to ORS 426.070 or 426.232; or
(f) A nonhospital facility pursuant to ORS 426.070 or 426.233.
(12) "Director" means the director of the community mental health program and includes the director's designee, who must be a QMHP, or peace officer authorized by the director to act on their behalf for purposes of this rule.
(13) "Director of the county of commitment" means the director for the county where the person is committed.
(14) "Director of the county of placement" means the director for the county where the person under civil commitment is to be placed.
(15) "Director of the county of residence" means the director for the county of residence.
(16) "Diversion" means the 14-day period of intensive treatment when a director and a psychiatrist certify a person as someone with a mental illness pursuant to the provision of ORS 426.237(1)(b).
(17) "Division" means the Health Systems Division of the Oregon Health Authority.
(18) "Hospital hold" means the taking of a person into custody by order of a physician pursuant to ORS 426.232.
(19) "NMI" is the notice of mental illness required, pursuant to ORS 426.070, to be submitted to the director by any two persons, a county health officer, or a magistrate, and thereafter submitted by the director to the court or, pursuant to ORS 426.234, to be submitted by the physician or the director to the court. Pursuant to ORS 426.070 and 426.234, the court commences proceedings pursuant to ORS 426.070 to 426.130 upon receipt of the NMI.
(20) "Nonhospital hold" means the taking of a person into custody by order of a director pursuant to the provisions of ORS 426.233. A director's hold and a trial visit hold are variations of a nonhospital hold.
(21) "Peace officer" means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police or investigator of the Criminal Justice Division of the Department of Justice and such other persons as may be designated by law.
(22) "Placement of a person under civil commitment" means the physical act of removing a person under civil commitment from the courtroom to the place where the person has been assigned to receive care, custody and treatment, or the transfer of a person under civil commitment from one location where the person has been assigned to receive care, custody and treatment to another location for the same purpose.
(23) "Psychiatrist" means a physician licensed as provided pursuant to ORS 677.010 to 677.450 by the Board of Medical Examiners for the State of Oregon and who has completed an approved residency training program in psychiatry.
(24) "Psychologist" means a clinical psychologist licensed by the Oregon Board of Psychologist Examiners.
(25) "Qualified Mental Health Professional" or "QMHP" means a qualified mental health professional as defined in OAR 309-019-0125.
(26) "Recertification" means the certification of continued commitment provided for under ORS 426.301.
(27) "Secure transport provider" means a secure transport provider approved according to OAR 309-033-0432, Standards for the Approval of a Secure Transport Provider to Transport a Person in Custody or on Diversion to an Approved Holding or Nonhospital Facility.
(28) "State hospital" means any campus of the Oregon State Hospital system.
(29) "Superintendent" means the chief executive officer of the Oregon State Hospital or their designee.


Or. Admin. R. 309-033-0210
BHS 17-2022, temporary amend filed 10/14/2022, effective 10/14/2022 through 4/11/2023

Statutory/Other Authority: ORS 413.042, 426.005, 426.060, 426.110(2), 426.232 & 426.236

Statutes/Other Implemented: ORS 426.005 - 426.395

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