Or. Admin. R. 309-033-0550 - Standards for the Approval of Hospitals Detaining Persons In Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility
(1) Approved
hospitals. Only hospitals approved by the Division under this rule may detain a
person pending transport pursuant to the provisions of ORS
426.231. A hospital approved
under this rule may transport the person only to a hospital or nonhospital
facility 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. Hospitals approved under OAR 309-033-0530 are also approved
under this rule to detain a person pending transport and may transport a person
to another hospital or nonhospital facility approved under OAR
309-033-0530.
(2) Application for
approval. Approval of hospitals shall be accomplished by submission of a letter
of application in accordance with administrative rules on letters of approval.
If approved, a certificate of approval will be issued to the hospital to
provide such services. This approval shall be renewed on a biennial basis
subject to the application of the hospital or review by the Division.
(3) Requirements for approval. The director
in the county in which the hospital is located shall submit a letter of
recommendation for approval on behalf of the hospital. The letter of
recommendation shall clearly state that the director and the hospital have a
written agreement which includes the following:
(a) The procedures to be followed when a
person is detained or transported to another hospital or nonhospital facility,
with the parties responsible for performing the procedures clearly identified.
The procedures shall state whether or not the hospital is required to give
notice to the director prior to the release of the person.
(b) The party or parties responsible for
transporting the person to another hospital or nonhospital facility and the
means by which such transportation is initiated and authorized.
(c) The services to be provided by the
hospital when a person is detained and transported to another hospital or
nonhospital, and the payment the hospital is to receive for these
services.
(d) The hospital shall
have a room which meets OAR 309-033-0720, Application and Requirements for
Approval to Provide Seclusion and Restraint, or shall provide an attendant to
provide continuous face-to-face monitoring of the person.
(4) Responsibilities of the physician. The
physician shall complete a face-to-face examination of the person. Once the
physician determines that the person is dangerous to self or any other person
and in need of emergency care or treatment for mental illness, the physician
shall:
(a) Assure the detention of the person
in safe and humane quarters for no longer than 12 hours;
(b) Assure that the person is monitored
face-to-face every 15 minutes;
(c)
Consult with a physician who has admitting privileges at a receiving hospital
or nonhospital facility approved by the Division to determine that the
receiving physician:
(A) Agrees that the
person appears to be dangerous to self or any other person; and
(B) Consents to receive the person for
further evaluation for involuntary emergency care and treatment for mental
illness.
(d) If the
person is to be sent to the receiving hospital, complete a written statement
that states:
(A) The physician has examined
the person within the preceding 12 hours;
(B) The reasons the physician has found the
person to be dangerous to self or any other person and is in need of emergency
care or treatment for mental illness; and
(C) The name of the admitting physician at
the receiving hospital who has agreed to transporting the person for further
evaluation and possible admission.
(e) Retain a copy of the written statement in
the person's clinical record. The original written statement shall accompany
the person to the receiving hospital and shall serve as authorization for
transport.
(5) Release
when person is no longer dangerous. If the physician at the hospital where the
person is detained and is awaiting transport believes the person is no longer
dangerous to self or any other person, then the physician shall release the
person as soon as possible. If the physician cannot locate a receiving hospital
where a physician agrees to receive the person for evaluation, then the person
shall be released within twelve hours of the time the person was originally
detained.
Notes
Stat. Auth.: ORS 413.042 & 426.231
Stats. Implemented: ORS 426.005 - 426.395
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