Or. Admin. Code § 309-114-0005 - [Effective 5/11/2025] Definitions
As used in these rules:
(1) "Authorized Representative " or
"representative " means an individual who represents a party in a contested case
hearing ; the representative must be supervised by an attorney that is licensed
by the Oregon State Bar.
(2) "Chief
Medical Officer " means the physician designated by the superintendent of each
state institution pursuant to ORS
426.020(2) who
is responsible for the administration of medical treatment at each state
institution .
(3) "Committed" or
"Commitment" means an individual who is 18 years or older and is admitted for
inpatient care and/or treatment at OSH under ORS
161.327,
161.328,
161.370,
179.473,
419C.396,
419C.529, 426.130,
427.215 or 426.220, 426.701, 426.702 when the individual 's guardian or health
care representative is unavailable or unable to consent.
(4) "Dangerousness" means that more likely
than not, either:
(a) Physical harm may be
inflicted by an individual upon their own body. Evidence may include threats,
including verbal threats or attempts to commit suicide or inflict physical harm
on themself and may include information about historical patterns of behavior
as those patterns relate to the current risk of harm. This determination does
not require an imminent risk of physical harm; or
(b) Physical harm may be inflicted by an
individual upon another individual . Evidence may include acts, behaviors or
threats, including verbal threats, which have caused such harm or which would
place a reasonable individual in reasonable fear of sustaining such harm.
Evidence may include information about historical patterns of behavior. This
determination does not require an imminent risk of physical harm.
(5) "Division " means the Oregon
State Hospitals Division of the Oregon Health Authority .
(6) "Guardian " means a legal guardian who is
an individual or entity appointed by a court of law to make decisions on behalf
of another individual , including but not limited to a legally incapacitated
individual .
(7) "Health Care
Representative " means an individual who has authority to make health care
decisions for a patient .
(8)
"Independent Examining Physician" is a board-eligible psychiatrist , who must
have been subjected to review by the medical staff executive committee as to
qualifications to make such an examination, must have been provided with a copy
of administration rules OAR
309-114-0000 through
309-114-0025 and must have
participated in a training program regarding these rules, their meaning and
application. The independent examining physician must not be directly involved
in the patient 's current or past treatment or diagnosis , excluding time spent
solely as an on-call provider .
(9)
"Legally Incapacitated " means having been found by a court of law under ORS
426.295 to be unable, without
assistance, to properly manage or take care of one's personal affairs, or who
is a individual under guardianship.
(10) "Material Risk." A risk is material if
it may have a substantial adverse effect on the patient 's psychological or
physical health, or both. Tardive dyskinesia is a material risk of neuroleptic
medication . Other risks include, but are not limited to raised blood pressure,
onset of diabetes and metabolic changes.
(11) Oregon State Hospital " or "OSH " or
"hospital " means any campus of the Oregon State Hospital system providing
inpatient care and/or treatment to individual who are 18 years or older whether
the program where the individual is receiving care and/or treatment is licensed
at hospital level of care or other licensed level of care .
(12) "Patient " means an individual who is 18
years or older and receiving inpatient care and/or treatment in a state
institution , whether the program where the individual is receiving care and/or
treatment is licensed at hospital level of care or other licensed level of
care .
(13) Patient with a "grave
disability" means a patient who:
(a) Is in
danger of serious physical harm to their health or safety absent the proposed
significant procedures; or
(b)
Manifests severe deterioration in routine functioning evidenced by loss of
cognitive or volitional control over their actions which is likely to result in
serious harm absent the proposed significant procedures.
(14) "Individual Committed to the Division "
or "Individual " means an individual who is 18 years or older and is admitted at
OSH for inpatient care and/or treatment under ORS 161.327161.328,
161.370,
179.473,
419C.396,
419C.529,
426.130,
426.220,
426.701,
426.702 or
427.215.
(15) "Psychiatric Nurse Practitioner ," means
a registered nurse with prescription authority who independently provides
health care to clients with mental and emotional needs or disorders.
(16) "Routine Medical Procedure" means a
procedure customarily administered by facility medical staff under
circumstances involving little or no risk of causing injury to a patient
including, but not limited to physical examinations, blood draws, influenza
vaccinations, tuberculosis (TB) testing, human immunodeficiency virus (HIV)
testing and hygiene.
(17)
"Significant Procedure" means a diagnostic or treatment modality and all
significant procedures of a similar class that pose a material risk of
substantial pain or harm to the patient such as, but not limited to
psychotropic medication and electro-convulsive therapy. Significant procedures
do not include routine medical procedures.
(18) "Significant Procedures of a Similar
Class" means a diagnostic or treatment modality that presents substantially
similar material risks as the significant procedure listed on the treating
physician's or psychiatric nurse practitioner 's informed consent form and is
generally considered in current clinical practice to be a substitute treatment
or belong to the same class of medications as the listed significant procedure.
(a) For purposes of these rules, medications
listed in subsections 18 (a)(A) through 18(a)(F) of this rule must be
considered the same or similar class of medication as other medications in the
same subsection:
(A) All medications used
under current clinical practice as antipsychotic medications including typical
and atypical antipsychotic medications;
(B) All medications used under current
clinical practice as mood stabilizing medications;
(C) All medications used under current
clinical practice as antidepressants;
(D) All medications used under current
clinical practice as anxiolytics;
(E) All medications used under current
clinical practice as psychostimulants; and
(F) All medications used under current
clinical practice as dementia cognitive enhancers.
(b) Significant procedures of the same or
similar class do not need to be specifically listed on the treating physician's
or psychiatric nurse practitioner 's form.
(19) "State Institution " or "Institution"
means any campus of the Oregon State Hospital system providing inpatient care
and/or treatment to individuals who are 18 years or older.
(20) "Superintendent " means the executive
head of the Oregon State Hospital system, or the superintendent 's
designee.
Notes
To view tables referenced in rule text, click here to view rule.
Statutory/Other
Statutes/Other Implemented: ORS 179.321, 183.458, 426.070 & 426.385
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