Or. Admin. Code § 309-108-0010
Current through Register Vol. 63, No. 12, December 1, 2024
Section 309-108-0010 - [Effective until 1/14/2025] Patient Personal Property(1) Patients shall have the right to possess and use on each unit reasonable amounts of personal property and unrestricted items. Patients shall not have the right to possess or use contraband or prohibited items. In addition to these rules, OSH maintains a list of items that it has determined pose a safety or security risk to OSH and qualify as contraband, a prohibited item or limited access item under these rules and OSH Policy 8.037, dated February 13, 2015, as modified by the Property/Item Access List, Attachment A to OSH Policy 8.037, dated July 6, 2022, available at OSH's website for Policies and Procedures. Patients may also request a paper copy which shall also be posted in areas frequented by patients.(2) OSH shall provide each patient with accessible storage for reasonable amounts of personal property in the patient's room and in the patient property room. Patients who need specific assistance in exercising the right to retain and use personal property shall receive such assistance. This shall be documented in the treatment care plan.(3) OSH shall designate one or more locations for storage of reasonable amounts of excess personal property, including but not limited to valuables. OSH staff shall work with patients to identify what excess property will be stored or will be given to the patient's guardian, legal representative, family member, or other individual designated by the patient. Valuables that are stored at the hospital shall be documented by OSH staff and retained in a secure location.(4) Excess property and valuables shall be returned to the patient upon release or discharge, or upon the death of the patient to the patient's guardian or legal representative, next of kin, or as otherwise required by law.(5) OSH may restrict the amount of currency allowed to be retained by patients on their unit or off of their unit. Unauthorized currency may be stored as excess property, given to an individual listed in section (2) of this rule, or deposited in the patient's trust account.(6) OSH may conduct a security inspection or search of a patient's room or living area, a patient's personal property, a patient's excess property, a patient's storage property, any items in the patient's possession, or the patient's service animal, for contraband at any time. (7) Upon the completion of a search of a patient's room, living area, personal property, excess property, and storage property, OSH staff shall return the area to a neat and orderly condition and ensure that any property except for contraband is returned in the same condition.(8) Contraband, including prohibited items, shall be handled as provided in OAR 309-108-0015.(9) For safety and security reasons, patients, family members or friends may only purchase items through the OSH Market for the patient, except the patient may purchase printer paper at cost from OSH. OSH will not profit from the sales from the OSH Market. If the OSH Market does not have the desired item, the patient may request authorization from OSH to purchase an item through OSH's ordering system. OSH shall only grant authorization for requests to purchase items if: (a) It is not contraband, including but not limited to prohibited items;(b) It is patient clothing, personal bedding, reading material, cultural food/items, or religious items; and(c) It can be stored in the designated storage areas in the patient's room or patient property room.(10) The patient may contest the application of these rules under OSH's grievance and review process in OAR chapter 309, division 118.Or. Admin. Code § 309-108-0010
MHD 30-1982, f. 12-28-82, ef. 1-28-83; MHD 7-1986, f. & ef. 9-4-86; BHS 12-2022, temporary amend filed 07/05/2022, effective 7/5/2022 through 12/31/2022; BHS 31-2022, amend filed 12/23/2022, effective 12/23/2022; BHS 19-2024, temporary amend filed 07/19/2024, effective 7/19/2024 through 1/14/2025Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360
Statutes/Other Implemented: ORS 179.321 & 426.385