Or. Admin. Code § 309-106-0015

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

Section 309-106-0015 - [Effective 1/14/2025] OSH Review of Visitor Applications

(1) All visitors are required to apply for visitation prior to visiting a patient as set out in OSH Policy, available at OSH's website for Policies and Procedures, except the following persons:

(a) A patient's attorney recognized by the court as representing the patient, or an agent of the attorney, such as an investigator or paralegal;

(b) A court-appointed or attorney-appointed licensed psychologist or psychiatrist for the purpose of conducting an independent evaluation of the patient;

(c) The patient's legal guardian who has provided proof of guardianship; and/or

(d) A health care representative who has provided proof of representative status.

(2) OSH must approve the visitor's application for a visitor to be allowed to visit with a patient. A visitor or patient may request review of OSH's decision pursuant to OSH Policy 8.026.

(3) The patient's treating physician or nurse practitioner or treatment team may restrict a particular visitor from visiting a patient for their mental and physical health by documenting it in the patient's treatment care plan. Specific reasons for the restriction must be clearly stated with supporting documentation, as available.

(4) The patient's treating physician or nurse practitioner or treatment team may restrict a particular visit where the visit may be detrimental to the mental or physical health of the patient or pose a safety or security risk to others by documenting it in a progress note. Specific reasons for the restriction must be clearly stated with supporting documentation, as available.

(5) OSH shall notify the patient in writing of a restriction under sections (2) or (3) of this rule within 24 hours of imposing the restriction, unless notification within this time period would be detrimental to the patient's mental or physical health, which must be documented in the patient's chart. If notification is delayed under this section, notification will be provided as soon as is reasonable. The notification must state the reasons and duration of the restriction and explain to the patient how they may challenge the decision.

(6) A physician or nurse practitioner shall review decisions to restrict a visitor under section (2) of this rule and may renew the restriction at least monthly. Restrictions will expire in one month from the date of the decision, unless renewed.

(7) OSH may set additional restrictions to visitors as provided in OAR chapter 943 division 12.

(8) A patient or their representative may contest any restrictions placed on visitors or application of these rules as provided in OAR chapter 309, division 118.

Or. Admin. Code § 309-106-0015

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