Or. Admin. R. 309-033-0420 - Transportation and Transfer of Persons in Custody or On Diversion
(1) Notification of
court. The director shall immediately inform the court of a transfer and the
location of the person and of the time the person is admitted to a new hospital
or nonhospital facility.
(2)
Transfer of persons in custody or on diversion. The director may transfer a
person who is in custody or on diversion only when:
(a) The director believes there is an
approved facility available that can provide necessary care or treatment which
is sufficient to meet the emergency psychiatric needs of the person;
(b) The facility is approved under OAR
309-033-0530, Approval of Hospitals and Nonhospital Facilities to Provide
Services to Committed Persons and to Persons in Custody and on Diversion, to
provide care, custody and treatment of persons in custody or on
diversion;
(c) The director has
obtained the consent required by OAR 309-033-0420(3), Consent by Treating
Physician and Receiving Physician or Director for Transfer Between Hospitals,
through 309-033-0420(4), Consent by Treating Physician for Transfer from
Nonhospital Facility to Hospital.
(3) Consent by treating physician and
receiving physician or director for transfer between hospitals. If the transfer
is from a hospital to another hospital or to a nonhospital facility, the
director shall obtain the consent of the treating physician, and the receiving
physician or the director of the nonhospital facility, prior to transferring
the person:
(a) The treating physician shall
give consent by writing in the person's clinical record an order over the
physician's signature within 24 hours of giving verbal, telephonic or facsimile
consent;
(b) The receiving
physician at a hospital or the administrator of a nonhospital facility shall
accept the transfer orally or telephonically, and shall document the acceptance
in the clinical record of the person.
(4) Consent by treating physician for
transfer from nonhospital facility to hospital. If the transfer is from a
nonhospital facility to a hospital, the director shall obtain the consent of
the receiving physician prior to transferring the person:
(a) The receiving physician shall give
consent by writing in the person's clinical record an order over the
physician's signature within 24 hours of giving verbal, telephonic or facsimile
consent to admit the person to the hospital;
(b) The director shall provide the
nonhospital facility written approval of the transfer within 24 hours of giving
verbal, telephonic or facsimile approval of the transfer;
(c) The administrator of the nonhospital
facility shall document the director's verbal or telephonic approval and retain
written approval of the transfer in the clinical record of the
person.
(5) Consent by
administrator for transfer between nonhospital facilities. If the transfer is
from one nonhospital facility to another nonhospital facility, the director
shall obtain the verbal, telephonic or facsimile consent of the administrator
of the receiving nonhospital facility prior to transferring the person:
(a) The administrator of the receiving
nonhospital facility shall consent to the transfer by documenting in the
person's clinical record the consent within 24 hours of giving verbal,
telephonic or facsimile consent;
(b) The director shall provide the
nonhospital facility written approval of the transfer within 24 hours of giving
verbal, telephonic or facsimile approval of the transfer;
(c) The administrator of the sending
nonhospital facility shall document the director's verbal, telephonic or
facsimile approval and retain written approval of the transfer in the clinical
record of the person.
(6) Notice to person to be transferred.
Except in cases of emergency, twenty-four hours before the transfer is to take
place, the director shall provide a notice to the person to be transferred
which includes:
(a) Transfer date and
time;
(b) A statement that the
person may use the grievance procedure; and a brief description of how to
initiate a grievance; and
(c)
Justification for the transfer.
Notes
Stat. Auth.: ORS 413.042, 426.060 & 426.235
Stats. Implemented: ORS 426.005 - 426.395
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