Or. Admin. R. 309-033-0330

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

Section 309-033-0330 - Discharge of Civil Commitment for Persons under Civil Commitment and Placed in the Community

(1) Only the director of county of placement may discharge. Only the director of the county of placement may change the civil commitment status of a person under civil commitment who is placed in a community hospital or other community facility:

(a) The director shall discharge a person from civil commitment when:

(A) Release from treating facility. The director believes the person under civil commitment is no longer a person with mental illness as defined in ORS 426.005, and the person is to be released from the treating facility.

(B) Transfer to voluntary status. The director believes it is in the best interest of the person to transfer to voluntary status, but the person is to remain at the treating facility.

(b) The director shall discharge a person from civil commitment by notifying the last committing court and the court of residence, pursuant to the provisions of ORS 426.300.

(2) Persons required to notify director prior to discharge. The following persons shall notify the director of the county of commitment 48 hours before discharging a person from a hospital, nonhospital or residential facility, or outpatient treatment:

(a) If the person under civil commitment is in a state hospital, the superintendent or designee shall notify the director;

(b) If the person under civil commitment is in a hospital serving as a regional acute care hospital or a private hospital, the treating Licensed Independent Practitioner shall notify the director;

(c) If the person under civil commitment is placed in a nonhospital or residential facility, the administrator of the facility shall notify the director;

(d) If the person is placed with an outpatient treatment provider or program, the administrator of the program where the person is receiving outpatient treatment shall notify the director.

(3) Procedures for discharge. The director shall give written notice to the person under civil commitment within thirty days after the civil commitment was discharged. The notice shall state the date the civil commitment expired or was discharged. A copy of the notice shall be kept in the person's clinical record.

Or. Admin. R. 309-033-0330

MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0140; BHS 17-2022, temporary amend filed 10/14/2022, effective 10/14/2022 through 4/11/2023; BHS 9-2023, amend filed 04/04/2023, effective 4/7/2023

Statutory/Other Authority: ORS 413.042 & 426.300

Statutes/Other Implemented: ORS 426.005 - 426.395