Or. Admin. R. 309-033-0410 - 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. "Administrator" has the same meaning as "director of the facility" as that term is defined in ORS 426.005. Whenever "administrator" appears it means the administrator or designee.
(2) "CMHP" means the community mental health and developmental disabilities program which is operated by or contractually affiliated with a local mental health authority operating in a specific geographic area of the state under an intergovernmental agreement or direct contract with the Division.
(3) "Community hospital" means any hospital that is not a state hospital.
(4) "Court" means the circuit court acting pursuant to ORS Chapter 426.
(5) "Custody" means the prehearing physical retaining of a person taken into custody by:
(a) A peace officer or approved secure transport provider pursuant to ORS 426.070, 426.228, 426.233;
(b) A peace officer or approved secure transport provider 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 426.180;
(e) A hospital pursuant to ORS 426.070 or 426.232; or
(f) A nonhospital facility pursuant to ORS 426.070 or 426.233.
(6) "Director" means the community mental health and developmental disabilities program director who has been authorized by the local mental health authority to direct the CMHP. "Director" also means a person who has been authorized by the director to act in the director's capacity for the purpose of this rule. In the case of the director ordering a peace officer or approved secure transport provider to take a person into custody pursuant to ORS 426.233, the designee shall be a QMHP who is specifically authorized by the county governing body to order persons to be taken into custody.
(7) "Director of the county of commitment" means the director for the county where the person is committed.
(8) "Division" means the Addictions and Mental Health Division of the Oregon Health Authority.
(9) "Mechanical Restraint" is any object or apparatus, device or contraption applied or affixed to the person to limit movement, and includes, but is not limited to handcuffs, leg irons, soft restraints or Posey Strait Jacket.
(10) "Secure transport provider" means any service which uses privately or publicly owned motor vehicles, other than city, county or state police, to transport Persons in Custody or on Diversion to an Approved Holding Hospital or Non-Hospital Facility.
(11) "State hospital" means Oregon State Hospital in Salem and Portland, and Eastern Oregon Psychiatric Center in Pendleton.
(12) "Superintendent" means the chief executive officer of a state hospital, or designee, or a person authorized by the superintendent to act in the superintendent's capacity for the purpose of this rule.


Or. Admin. R. 309-033-0410
MHD 7-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-205-0010; MHD 3-2000(Temp), f. 1-25-00, cert. ef. 1-25-00 thru 7-22-00; MHD 10-2000, f. & cert. ef. 7-21-00; MHS 28-2016, f. & cert. ef. 12/29/2016

Stat. Auth.: ORS 413.042, 426.005, 426.060, 426.110(2), 426.232 & 426.236

Stats. Implemented: ORS 426.005 - 426.395

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