Or. Admin. Code § 309-106-0005

Current through Register Vol. 63, No. 10, October 1, 2024

Section 309-106-0005 - [Effective until 1/14/2025] Definitions

As used in these rules:

(1) "Attorney" means any lawyer actively licensed by the Oregon State Bar or other state bar.

(2) "Contact Visit" means that the meeting between the patient and the approved visitor occurs in person without a barrier. There may be limited approved physical contact between patient and the approved visitor, such as a hug at the beginning or ending of the visit.

(3) "Contraband" means any controlled substance, drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, drug paraphernalia, weapons, unauthorized currency or prohibited items.

(4) "Clergy" means any member of the community who is recognized by a religious authority and who has been accepted, oriented, trained, and approved by the Oregon State Hospital Spiritual Care Department.

(5) "Controlled Substance" means a drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 USC 811 to 812, as modified under ORS 475.005 and ORS 475.035.

(6) "Cultural Food/Items" means an item that relates to a patient's cultural or ethnic identity.

(7) "Direct Care Staff" means any health care workers, either employed directly or contracted with OSH, who work directly with patients in the hospital, including but not limited to physicians, nurse practitioner, registered nurse, nursing assistants, therapists, and technicians.

(8) "Division" means the Oregon State Hospital Division of the Oregon Health Authority.

(9) "Drug" means:

(a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them;

(b) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;

(c) Substances (other than food) intended to affect the structure or any function of the body of humans or animals, including but not limited to vitamins, supplements, dietary powders, synthetic cathinones, synthetic cannabinoids; or

(d) Substances intended for use as a component of any article specified in paragraph (a), (b) or (c) of this subsection; however, the term does not include devices or their components, parts or accessories.

(10) "Drug Paraphernalia" means all equipment, products and materials of any kind that are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of ORS 475.752 to 475.980.

(11) "Excess Personal Property" means property which cannot be stored in the designated storage in the patient's room or personal storage space on the unit.

(12) "Forensic Patient" means a patient who is 18 years of age or older admitted to OSH as an Guilty Except for Insanity (GEI) patient pursuant to ORS 161.327 or ORS 161.328, Aid and Assist Patient under ORS 161.365 or ORS 161.371, an Extremely Dangerous Person pursuant to ORS 426.701 or ORS 426.702, an administrative transfer under ORS 179.473, a transfer from Oregon Youth Authority (OYA) or DOC pursuant to ORS 179.173 or as a misdemeanor GEI pursuant to ORS 161.328.

(13) "Gender Identity" means an individual's gender-related identity, which may be different from the identity that is traditionally associated with the individual's sex assigned at birth.

(14) "Good Faith Belief" means an honest or sincere belief in something.

(15) "Harassment" means a patient who is communicating or attempting to communicate with an individual or entity that they are prohibited from contacting by a court order, treatment care plan, or other legal requirement.

(16) "Health Care Representative" means a competent adult appointed by a court to make health care decisions for a patient under ORS Chapter 127.

(17) "Hospital Level of Care (HLOC) Patient" means a patient who is 18 years of age or older and is admitted to one of OSH's licensed hospital units.

(18) "In-Person Visit" means a meeting at the hospital between a patient and an approved visitor who are permitted to see and talk with each other on a scheduled basis for a reasonable period of time.

(19) "Journalist Mail" means any mail sent by a patient to a news media organization such as, but not limited to a newspaper, a magazine and a television station's news department, or sent to a patient from a news media organization.

(20) "Legal Guardian" mean an individual appointed by a court to act as guardian of an adult under ORS Chapter 125.

(21) "Legal Mail" means any mail received from or addressed to an attorney, court, tribal official, governmental official, disability rights organizations or the protection and advocacy system identified in ORS 192.517.

(22) "Limited Access Item" means an item that could pose a safety or security risk in the possession of a patient but is permitted for a set duration of time with the prior authorization of OSH staff and, if applicable, with the direct supervision of OSH staff. A limited access item becomes a prohibited item if the patient possesses or uses the item outside of the scope of the authorization or without OSH staff supervision if required.

(23) "Mail" means any paper documents sent by or received by a patient in a standard sized, legal sized, or special handling envelope with a weight of 16 ounces or less, and thickness of no more than 1/2 inch. Mail does not include any item other than paper. Legal mail and journalist mail are not subject to the envelope and weight restrictions.

(24) "Metal Detection Screening" means a type of security inspection where an electronic or mechanical device, designed to detect the presence of metal or other substances, is used to scan an individual's body, extra clothing, items in the patient's possession and service animal for the purpose of detecting contraband. Examples include but are not limited to an x-ray machine or wand.

(25) "Minor" means any person less than 18 years of age.

(26) "Oregon State Hospital" or "OSH" or "hospital" means any campus of the Oregon State Hospital system.

(27) "OSH Market" means an on-site retail establishment where patients, family members or friends who are visitors as defined in chapter 309 division 106 may purchase unrestricted items or authorized limited access items for the patient.

(28) "OSH Property" means OSH buildings, surrounding grounds, and parking lots. Personally owned vehicles parked on OSH property are not considered part of OSH property.

(29) "OSH Staff" means OSH employees, contractors, interns, and volunteers who have direct or indirect contact with patients.

(30) "Package" means any item sent by or received by a patient that does not meet the definition of mail, journalist mail, or legal mail.

(a) "Authorized Package" means a package received by OSH for the patient where OSH has provided prior authorization under these rules.

(b) "Unauthorized Package" any package that is not an authorized package.

(31) "Pat-down" means a search procedure in which security staff or direct care staff run their hands over a clothed individual's body and inspect their clothing (including but not limited to their pockets, cuffs, socks, and outerwear) for the purpose of detecting contraband. Pat-downs may include searching the patient's extra clothing, items in the patient's possession and service animal.

(32) "Patient" means an individual who is who is 18 years of age or older and receiving care and treatment at OSH, whether the program where the individual is receiving care and treatment is licensed at hospital level of care or other licensed level of care.

(33) "Patient Clothing" means an item worn to cover the patient's body, including but not limited to shoes, head coverings, and outerwear.

(34) "Patient Property Room" means a designated area where patients may store personal property in a designated bin that cannot be stored in their room.

(35) "Personal Bedding" means two pillows, one blanket or comforter, and one sheet set.

(36) "Personal Property" means unrestricted items that belong to the patient that can be kept in the designated storage of the patient's room or patient property room.

(37) "Personal Search" means search procedures where OSH staff physically search an individual's body and clothing for contraband that goes beyond a security screening, which includes a pat-down, skin search or internal search. Personal searches may include searching the person's extra clothing, items in the patient's possession and service animal.

(38) "Physical aggression" means any physical behavior that results in, could result in or threatens physical unwelcome contact or injury, including but not limited to spitting, throwing bodily fluids, throwing objects, posturing, or taking a fighting stance.

(39) "Prohibited Item" means:

(a) Alcohol;

(b) Possession of drugs in the patient's room without authorization by OSH;

(c) Any item that reasonably could be used to escape or leave the hospital without authorization;

(d) Food stored in the patient room or in the patient's storage in the patient property room;

(e) Any item in the possession of a patient who is prohibited from possessing or using that item in their treatment care plan because it is considered detrimental to their treatment;

(f) Excess personal property;

(g) Any limited access item in the possession of a patient that exceeds the scope of the authorization or is not being supervised by OSH staff as required; or

(h) Any item that could pose a safety or security risk for the hospital.

(40) "Reasonable Cause" means an OSH staff member has knowledge or notice of facts or circumstances and the rational inferences drawn therefrom that would lead a reasonable and experienced OSH staff member to come to a conclusion.

(41) "Religious Item" means an item that is associated with the patient's particular system of faith and worship.

(42) "Safety" means protecting the patient and others from potential physical, emotional, or medical harm or preventing the patient from escaping or leaving without authorization, damaging state property, damaging the patient's or another patient's property, or committing or attempting to commit a crime.

(43) "Search" means a close inspection, including physical contact of an individual, any items in the individual's possession, or individual's service animal. Searches may require the removal and separate inspection of shoes, jackets, purses, bags and other accessories.

(44) "Secure Perimeter" means restricted high-security buildings, areas, and quads within the sally port entrances and exits at the state hospital.

(45) "Secure Residential Treatment Facility (SRTF) Patient" means a patients who 18 years of age or older and admitted to one of OSH's licensed secure residential treatment facilities.

(46) "Security Inspection" means a visual inspection or a non-invasive inspection using an electronic or metal device (e.g., metal detection screening or wanding) for the purpose of detecting contraband. A security inspection does not involve physical contact with the subject of the inspection.

(47) "Security Reason" means protecting the patient from serious and immediate harm, protecting others from harm, threats or harassment, and ensuring the safety and security of the hospital.

(48) "Security Risk" means conditions that would pose a risk of harm to the patient, others, or to the hospital.

(49) "Security Staff" means OSH staff assigned to the Security Department at OSH.

(50) "Service Animal" means an animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals under the Americans with Disabilities Act.

(51) "Superintendent" means the executive head of the Oregon State Hospital or the Superintendent's designee.

(52) "Threat" means a person's expression of an intent to harm, cause alarm to, or intimidate another individual.

(53) "Treatment Care Plan" means an individualized and comprehensive written plan of therapeutic interventions designed, in collaboration between the patient and their treatment team, to facilitate rehabilitation of psychiatric symptoms.

(54) "Unauthorized Currency" means paper money and/or coins in the possession of a patient in any amount or in a location not authorized by OSH.

(55) "Unrestricted Items" means any item that is not contraband and has been authorized by OSH for the patient's use or possession.

(56) "Virtual Visit" means a visit between a patient and an approved visitor using computerized or video monitors, or telephones.

(57) "Visit" or "visitation" means a meeting at the hospital between patient and an approved visitor who are permitted to see and talk with each other on a scheduled basis for a reasonable period of time.

(58) "Visitor" means an individual who is not an OSH staff member or another patient and who OSH has authorized to enter a designated visiting area in the hospital to meet with a patient.

(59) "Wanding" means a type of security inspection where a portable electronic or mechanical device, designed to detect the presence of metal or other substances, is passed in close proximity of an individual's body or their property for the purpose of detecting contraband.

(60) "Weapon" means any item that can be used or modified to be used to harm the patient or others, including but not limited to guns, knives, improvised pointed or bladed instrument, and pepper spray.

Or. Admin. Code § 309-106-0005

MHD 29-1982, f. 12-28-82, ef. 1-28-83; BHS 13-2022, temporary amend filed 07/05/2022, effective 7/5/2022 through 12/31/2022; BHS 30-2022, amend filed 12/23/2022, effective 12/23/2022; BHS 18-2024, temporary amend filed 07/19/2024, effective 7/19/2024 through 1/14/2025

Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360

Statutes/Other Implemented: ORS 179.321 & 426.385