Or. Admin. R. 309-106-0010

Current through Register Vol. 63, No. 6, June 1, 2024

Section 309-106-0010 - Patients' Rights to Visitation and Exceptions

(1) The Division recognizes the needs of patients to have access to and maintain contact with family members and the community of which they are a part as well as the needs of family and community members to have access to patients. Except as provided in section (6) of this rule, patients have the right to receive visits from anyone they wish.

(2) OSH shall provide designated places for visitations to occur in as much comfort and privacy as possible.

(3) OSH may set reasonable limitations on visitation hours and days and may also require supervision during a visit. OSH may grant exceptions upon visitor or patient requests to change days or hours of visitation. OSH may impose additional reasonable limitations on visitation under the following circumstances:

(a) The Governor has declared a public health emergency as set in ORS 433.441;

(b) The Governor has declared a state of emergency as set in ORS 401.165 that may impact hospital's operations, patients, or OSH staff;

(c) OSH has determined there are safety or security risks that may impact the hospital's operations, patients, or OSH staff.

(4) OSH shall post visitation rules and restrictions on every unit and in the visitation area.

(5) A patient's lawyer or clergy shall not be restricted to the limitations established by OSH under section (3) of this rule.

(6) OSH shall have the right to restrict visitation under the following circumstances:

(a) The patient refuses to see the visitor;

(b) Reasonable cause exists to believe that the patient may pose a safety or security risk to others;

(c) Reasonable cause exists to believe that the visitor would be harmful to the patient's physical or mental health or may pose a safety or security risk;

(d) The visitor's behavior is disruptive to the patient or OSH, and may include consideration of the visitor's past conduct;

(e) Reasonable cause exists to believe that the visitor would pose a safety or security risk, introduce contraband (including prohibited items), or assist in planning or executing a patient's escape or unauthorized leave from OSH;

(f) The patient or visitor is prohibited by a court order from contacting or being in the same geographic area;

(g) The visitor refuses to comply with the requirements in this rule or has a history of violating these rules;

(h) The patient's legal guardian has requested a restriction on a visitor;

(i) The unit is under current medical restriction because of communicable disease, or the visitor may have a communicable disease or refuses to comply with required preventative protocols; and

(j) A visitor whose purpose is to solicit the patient to purchase an item the visitor is selling.

(7) Visitors may be required to wear personal protective equipment, including a mask, and adhere to other preventative protocols while a medical restriction is in effect.

(8) Visitors are prohibited from entering the hospital with or providing any item other than mail to the patient. Violation of this rule will be sufficient grounds to end the visit, require the visitor to leave the hospital grounds, confiscate the item(s), and impose restrictions on visitation in the future.

Or. Admin. R. 309-106-0010

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

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

Statutes/Other Implemented: ORS 179.321 & 426.385