Or. Admin. Code § 309-033-0530 - Approval of Hospitals and Nonhospital Facilities to Provide Services to Persons under Civil Commitment and to Persons in Custody and on Diversion.
This section establishes rules for approval of hospital and nonhospital facilities which provide service to a person under civil commitment or to a person in custody or on diversion.
(1) Approved hospitals and other facilities.
Only hospitals and nonhospital facilities, approved by the Division under this
rule, shall provide care and treatment services for persons under civil
commitment or for persons in custody or on diversion.
(2) Application for approval. Approval of
hospitals or nonhospital facilities shall be accomplished by submission of a
letter of application pursuant to OAR
309-008-0400. If approved, a
certificate pursuant to OAR
309-008-0500 will be issued to
the hospital or nonhospital facility to provide such services. This approval
shall be reviewed on a biennial basis subject to application of the hospital or
other facility and/or review by the Division.
(3) Requirements for approval. In undertaking
review of the hospital or nonhospital facility for approval, the Division shall
be satisfied that the hospital or nonhospital facility meets one of the
following requirements:
(a) Approval to
provide seclusion and restraint to persons under civil commitment and to
persons in custody and on diversion. The Division shall approve, without
further requirement, hospitals and nonhospital facilities currently approved
under OAR 309-033-0700 through
309-033-0740;
(b) Requirements for facilities not approved
to provide seclusion and restraint. The Division shall approve a nonhospital
facility to serve persons under civil commitment and persons in custody and on
diversion if the nonhospital facility is certified as a secure residential
facility under Division rules and the nonhospital facility has the following:
(A) Written policies and procedures in place
which assure that:
(i) The facility shall not
admit a person who may require seclusion or physical restraint.
(ii) A person who develops the need for
seclusion and restraint is immediately removed to a hospital or nonhospital
facility approved under OAR
309-033-0700 through
309-033-0740..
(iii) Each person admitted to the facility
has a Licensed Independent Practitioner (LIP) who is responsible for treating
the person during the person's stay at the facility and who examines the person
within 24 hours of the person's admission to the facility.
(iv) A staff person shall provide direct care
for consumers only when that staff person is trained in the curriculum approved
by the LIP. The staff shall receive the training within the last six months
prior to providing direct consumer care.
(v) A staff person shall participate in the
training approved by the LIP quarterly.
(B) A LIP, who is employed by the facility or
has a contract with the facility, to provide medical oversight of admission
policies and procedures, and staff training;
(C) A staff training curriculum which is
approved by the LIP and includes:
(i) Criteria
for the admission of a person who can safely be served by the nonhospital
facility;
(ii) Recognition of
indicators of violence or assault and criteria for the transfer of person to a
more secure facility;
(iii)
Indicators of medical problems, identification of medication side effects, and
indicators of medical problems and medical crisis; and
(iv) Management of aggressive behavior and
de-escalation techniques.
(D) Two qualified mental health associates
who are available on-site 24 hours-a-day, seven days-a-week;
(E) Alarmed doors and windows which have been
approved by the Division;
(F) A
written agreement with a law enforcement agency to respond to emergencies that
provides:
(i) Emergency response time within
15 minutes of the nonhospital facility's request;
(ii) Agreement by the law enforcement agency
to retake a person who elopes and to return the person to the nonhospital
facility or remove the person to a hospital or nonhospital facility approved
under OAR 309-033-0700 through
309-033-0740, as directed by the
administrator of the nonhospital facility.
(G) Documentation of fire marshal approval to
operate as a secure facility.
Notes
Statutory/Other Authority: ORS 413.042, 426.228, 426.232, 426.233 & 426.236
Statutes/Other Implemented: ORS 426.005 - 426.395
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