Or. Admin. Code § 309-033-0210 - Definitions
(1) "Administrator"
means the director or chief executive over behavioral health 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 "placement" as defined in OAR
309-033-0210.
(3) "Authority" or "OHA" means the 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) "Certificate" means the document or
documents issued by the Division, which identifies and declares certification
of a provider pursuant to OAR
309-008-0100 to
309-008-1600. A letter
accompanying issuance of the certificate will detail the scope and approved
service delivery locations of the certificate.
(6) "Clinical record" means the record
required by OAR 309-014-0035 documenting the
mental health services delivered to clients by a CMHP or
subcontractor.
(7) "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.
(8) "Community hospital" means any hospital
that is not Oregon State Hospital.
(9) "Council" means a regional acute care
psychiatric facility organization with a mission statement and bylaws,
comprised of facility representatives, consumers, and family members. The
council is advisory to the facility.
(10) "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.
(11) "County of commitment"
means the county in which the person was initially placed under civil
commitment, or the county to which the county of commitment was transferred as
appropriate.
(12) "County of
placement" means the county in which the person under civil commitment is
residing for the purpose of treatment, care, and custody.
(13) "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 taken
into custody or the county in which a person under civil commitment has been
conditionally released as defined by ORS
426.241 to
426.255.
(14) "Court" means the circuit court acting
pursuant to ORS Chapter 426.
(15)
"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 community hospital pursuant to ORS
426.070 or
426.232;
(f) A nonhospital facility pursuant to ORS
426.070 or
426.233; or
(g) A regional acute care psychiatric
facility or nonhospital facility pursuant to ORS
426.072 or
426.233.
(16) "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.
(17)
"Director of the county of commitment" means the director for the county where
the person is under civil commitment.
(18) "Director of the county of placement"
means the director for the county where the person under civil commitment is to
be placed.
(19) "Director of the
county of residence" means the director for the county of residence.
(20) "Diversion" means the certified 14-day
period of intensive treatment extending the prehearing period of detention
pursuant to the provision of ORS
426.237(1)(b).
(21) "Division" means the Health Systems
Division of the Oregon Health Authority.
(22) "Emergency" means, in the opinion of the
treating licensed independent practitioner, immediate action is required to
preserve the life or physical health of a person, or because the behaviors of
that person creates a substantial likelihood of immediate physical harm to
self, or to others in the facility. The fact that a person is in custody under
the provisions or ORS
426.072,
426.232 or
426.233 must not be the sole
justification that an emergency exists.
(23) "Fresh air" means the inflow of air from
outside the facility where the person under civil commitment is receiving
services. "Fresh air" may be accessed through an open window or similar method
as well as through access to the outdoors.
(24) "Healthcare supervisor" means the
appointed licensed independent practitioner, master's level registered nurse or
registered nurse certified by the American Nursing Association who reviews and
approves policies and procedures related to reporting medical concerns to a LIP
and staff training on the administrative rules in OAR Chapter 33, Division
207.
(25) "Hospital" or "facility"
means the community hospital, regional acute care psychiatric facility, or
nonhospital facility eligible for, or presently certified for, the use of
seclusion or restraints to committed persons and persons in custody or on
diversion.
(26) "Hospital hold"
means the taking of a person into custody by order of a licensed independent
practitioner pursuant to ORS
426.232.
(27) "Legally incapacitated person" means a
person who has been found by the court to be unable to give informed consent to
medical treatment and the court has appointed a guardian to make such decisions
on the person's behalf pursuant to ORS
126.127.
(28) "Licensed Independent Practitioner
(LIP)" means a physician, nurse practitioner, or naturopathic physician as
defined in ORS 426.005.
(29) "Material risk" means the risk may have
a substantial adverse effect on the patient's psychological and/or physical
health.
(30) "Mechanical restraint"
means any device or equipment used to restrict a person's freedom of
movement.
(31) "Notice of Mental
Illness (NMI)" is the notification 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
LIP 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.
(32) "Nonhospital facility"
means any facility, other than a hospital, that is certified by the Authority
to provide adequate security, psychiatric, nursing, and other services to
persons under ORS 426.232 or
426.233.
(33) "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.
(34) "Nurse" means a registered nurse, or a
psychiatric nurse practitioner licensed by the Oregon Board of Nursing, but
does not include a licensed practical nurse or a certified nurse
assistant.
(35) "Outdoors" means an
area with fresh air that is not completely enclosed overhead. "Outdoors" may
include a courtyard or similar area.
(36) "Pro re nata" (P.R.N) means that a
medication or medical treatment has been ordered to be given as
needed.
(37) "Patient Day" means
the day of admission plus each additional day of stay, but not the day of
discharge, unless it is also the day of admission.
(38) "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.
(39) "Person with mental illness" means a
person who has been found to have a mental disorder and, due to this mental
disorder, is a danger to self or others; unable to provide for basic personal
needs that are necessary to avoid serious physical harm in the near future, and
is not receiving such care as is necessary to avoid such harm; or is a person
who otherwise meets criteria pursuant to ORS
426.005.
(40) "Physician" means a person who holds a
degree of Doctor of Medicine, Doctor of Osteopathy, or Doctor of Podiatric
Medicine, if the context in which the term "physician" is used does not
authorize or require the person to practice outside the scope of a license
issued under ORS 677.805 ("Ankle" defined for ORS
677.805 to
677.840) through 677.840
(Fees).
(41) "Physician Assistant"
means a person who is licensed as such in accordance with ORS
677.265 (Powers of board
generally), 677.495 (Definitions for ORS
677.495 to
677.535), 677.505 (Application
of provisions governing physician assistants to other health professions),
677.510 (Board approval of using services of physician assistant), 677.515
(Medical services provided by physician assistant), 677.520 (Performance of
medical services by unlicensed physician assistant prohibited), and 677.525
(Fees).
(42) "Placement" means the
facility, program, or provider the person under civil commitment is sent to
receive care, custody and treatment, including the transfer of a person under
civil commitment from one location where the person was in care, custody, and
treatment to another location for the same purpose.
(43) "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.
(44) "Psychologist" means a clinical
psychologist licensed by the Oregon Board of Psychologist Examiners.
(45) "Qualified Mental Health Professional
(QMHP)" means a qualified mental health professional as defined in OAR
309-019-0125.
(46) "Recertification" means the
certification of continued civil commitment provided for under ORS
426.301.
(47) "Regional Acute Care Psychiatric
Facility" means a facility certified by the Division to provide services for
adults as described in OAR 309-033-0850 through 309-033-0890 and is operated in
cooperation with a regional or local council. A regional acute care psychiatric
facility must include 24 hour per day psychiatric, multi-disciplinary,
inpatient or residential stabilization, care and treatment, for adults aged 18
or older with severe psychiatric disabilities in a designated region of the
state. For the purpose of these rules, a state hospital is not a regional acute
care psychiatric service. The goal of a regional acute care service is the
stabilization, control and/or amelioration of acute dysfunctional symptoms or
behaviors that result in the earliest possible return of the person to a less
restrictive environment.
(48)
"Restraint" means any manual method, physical or mechanical device, material,
or equipment that immobilizes or reduces the ability of a patient to move his
or her arms, legs, body, or head freely. Restraint may be used only for the
management of violent or self-destructive behavior that jeopardizes the
immediate physical safety of the patient, a staff member, or others.
(49) "Seclusion" is the involuntary
confinement of a patient alone in a room or area, from which the person is
physically prevented from leaving. Seclusion may be used only for the
management of violent or self-destructive behavior that jeopardizes the
immediate physical safety of the person, patients, a staff member, or
others.
(50) "Secure
Transportation" of minors has the meaning given that term in OAR
419-400-0005(57).
(51) "Secure Transportation Services" for
minors has the meaning given that term in OAR
419-400-0005(60).
(52) "Secure transport provider" means a
secure transport provider approved according to OAR
309-033-0432.
(53) "Significant procedure" means a
diagnostic or treatment modality which poses a material risk of substantial
pain or harm to the patient or resident such as, but not limited to,
electro-convulsive therapy.
(54)
"State hospital" means any campus of the Oregon State Hospital
system.
(55) "Superintendent" means
the chief executive officer of the Oregon State Hospital or their
designee.
Notes
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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