Or. Admin. Code § 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. 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 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 through 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 facility, and the payment the hospital is to receive for these
services;
(d) The hospital shall
have a room which meets OAR
309-033-0720 or shall provide an
attendant to provide continuous face-to-face monitoring of the
person.
(4)
Responsibilities of the Licensed Independent Practitioner (LIP). The LIP shall
complete a face-to-face examination of the person. Once the LIP determines that
the person is dangerous to self or any other person and in need of emergency
care or treatment for mental illness, the LIP 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 LIP who has admitting privileges at a receiving hospital or
nonhospital facility approved by the Division to determine that the receiving
LIP:
(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 or nonhospital facility,
complete a written statement that states:
(A)
The LIP has examined the person within the preceding 12 hours;
(B) The reasons the LIP 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 LIP at the
receiving hospital or nonhospital facility 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 LIP 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 LIP shall release the person as
soon as possible. If the LIP cannot locate a receiving hospital where a LIP
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
Statutory/Other Authority: ORS 413.042 & 426.231
Statutes/Other Implemented: ORS 426.005 - 426.395
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