Or. Admin. R. 309-033-0260

Current through Register Vol. 63, No. 5, May 1, 2024

Section 309-033-0260 - [Effective until 5/28/2024] Diversion from Commitment Hearing

(1) Notice to court by director. The director and a Licensed Independent Practitioner (LIP) may certify a person for diversion at any time up to three judicial days after the person has been taken into custody.

(2) Treatment plan. The director and the treating LIP shall prepare a treatment plan that describes, in general terms, the types of treatment and medication to be provided during the diversion. The general treatment plan shall be descriptive of the range of services and medications to be provided, and shall include a description of:

(a) Any of the following classes of medication, if medication is to be administered:

(A) Antipsychotics;

(B) Antidepressants;

(C) Mood stabilizers;

(D) Anti-anxiety medications; or

(E) Anti-side effect medications.

(b) Mental health interventions, therapies or diagnostic procedures to be employed;

(c) The person's preferences about medications and therapies and any limitations on the specific use of medications or therapies to which the director and the treating LIP have agreed;

(d) Location where treatment is to be initiated and the type of hospital or nonhospital facilities where the person may be transferred during the diversion; or

(e) Other conditions or limitations agreed to by the person and the director concerning the care or treatment that is to be provided.

(3) Notice to person. At the initiation of the diversion period, the director and the LIP shall inform the person verbally, and in writing, of the usual and typical restraints or seclusion which may be employed in an emergency to assure health or safety.

(4) LIP to provide information. The LIP shall provide the information described in OAR 309-033-0620when administering a specific medication.

(5) Consent for non-psychiatric care. A treating LIP shall obtain the person's consent for non-psychiatric medical care and treatments which may be prescribed during the diversion. The general treatment plan for psychiatric intervention shall not include plans for non-psychiatric medical care or treatment.

(6) Refusal of treatment/demand for discharge. The person on diversion may refuse psychiatric treatment described in the general treatment plan or demand discharge at any time during the diversion by signing the form described in this paragraph or, if the person refuses to sign the form, by verbally making his or her refusal of treatment or demand for discharge known to two staff of the facility. In accepting the person's refusal of treatment or demand for discharge the staff of the facility shall:

(a) Provide the person a warning, both verbally and in writing, at the person's first indication that they wish to decline treatment or demand discharge, which states:

"If you decline psychiatric treatment described in the general treatment plan or demand to be discharged you may be required to appear at an involuntary civil commitment hearing. It is your right to request an involuntary civil commitment hearing at this time. If a judge finds you to be a person with mental illness you may be civilly committed for up to 180 days. However, if a judge finds you not to be a person with mental illness you may be released. The treatment in which you were to participate as a condition of avoiding a commitment hearing is described in your general treatment plan. You were given a copy of your general treatment plan when you agreed to diversion. You may see the copy of your general treatment plan on file with this facility at any time. You may talk with your attorney before you decline this treatment, demand discharge, or request a hearing."

(b) If the person declines treatment, demands discharge, or requests a hearing, offer the person the following form to sign:

"Warning

If you decline psychiatric treatment described in your general treatment plan or demand discharge you may be required to appear at an involuntary civil commitment hearing. You have a right to request an involuntary civil commitment hearing at this time. If a judge finds you to be a person with mental illness you may be civilly committed for up to 180 days. The psychiatric treatment in which you were to participate as a condition of avoiding a civil commitment hearing is described in your general treatment plan. You were given a copy of your general treatment plan when you agreed to diversion. You may see the copy of your general treatment plan on file with this facility at any time. You may talk with your attorney before you decline this treatment, demand discharge, or request a hearing.

I decline the treatment described in my general treatment plan.

I request a hearing before the circuit court.

_____________________________

Signature of Certified Person Alleged to Have a Mental Illness."

(c) If the person declines to sign the form described in this section and verbally or nonverbally declines treatment, the staff of the facility shall document the person's declination on the form and in the person's clinical record;

(d) Immediately upon the person declining treatment, demand for discharge or request for a hearing, the treating LIP shall treat the person as a person in custody, as provided under ORS 426.072, and shall immediately notify the director. The director shall immediately request a hearing.

(7) Director of the county of residence approval of payment for diversion. A person shall be on diversion only if payment for the care, custody and treatment is approved verbally by the director of the county of residence as provided under ORS 426.237. The director of the county of residence's approval shall be documented by a written statement, signed by the director, and distributed by the end of the diversion period as follows:

(a) The original shall be filed in the clinical record at the Community Mental Health Program; and

(b) A copy shall be delivered to each facility serving the person during the diversion.

Or. Admin. R. 309-033-0260

MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0070; BHS 9-2023, amend filed 04/04/2023, effective 4/7/2023

Statutory/Other Authority: ORS 413.042, 426.236 & 426.237

Statutes/Other Implemented: ORS 426.005 - 426.395