Or. Admin. R. 309-033-0550

Current through Register Vol. 63, No. 9, September 1, 2024

Section 309-033-0550 - Standards for the Approval of Hospitals Detaining Persons in Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility

(1) Approved hospitals. Only hospitals approved by the Division under this rule may detain a person pending transport pursuant to the provisions of ORS 426.231. A hospital approved under this rule may transport the person only to a hospital or nonhospital facility approved under OAR 309-033-0530. Hospitals approved under OAR 309-033-0530 are also approved under this rule to detain a person pending transport and may transport a person to another hospital or nonhospital facility approved under OAR 309-033-0530.

(2) Application for approval. Approval of hospitals shall be accomplished by submission of a letter of application in accordance with administrative rules on letters of approval. If approved, a certificate of approval will be issued to the hospital to provide such services. This approval shall be renewed on a biennial basis subject to the application of the hospital or review by the Division.

(3) Requirements for approval. The director in the county in which the hospital is located shall submit a letter of recommendation for approval on behalf of the hospital. The letter of recommendation shall clearly state that the director and the hospital have a written agreement which includes the following:

(a) The procedures to be followed when a person is detained or transported to another hospital or nonhospital facility, with the parties responsible for performing the procedures clearly identified. The procedures shall state whether the hospital is required to give notice to the director prior to the release of the person;

(b) The party or parties responsible for transporting the person to another hospital or nonhospital facility and the means through which such transportation is initiated and authorized;

(c) The services to be provided by the hospital when a person is detained and transported to another hospital or nonhospital facility, and the payment the hospital is to receive for these services;

(d) The hospital shall have a room which meets OAR 309-033-0720 or shall provide an attendant to provide continuous face-to-face monitoring of the person.

(4) Responsibilities of the Licensed Independent Practitioner (LIP). The LIP shall complete a face-to-face examination of the person. Once the LIP determines that the person is dangerous to self or any other person and in need of emergency care or treatment for mental illness, the LIP shall:

(a) Assure the detention of the person in safe and humane quarters for no longer than 12 hours;

(b) Assure that the person is monitored face-to-face every 15 minutes;

(c) Consult with a LIP who has admitting privileges at a receiving hospital or nonhospital facility approved by the Division to determine that the receiving LIP:

(A) Agrees that the person appears to be dangerous to self or any other person; and

(B) Consents to receive the person for further evaluation for involuntary emergency care and treatment for mental illness.

(d) If the person is to be sent to the receiving hospital or nonhospital facility, complete a written statement that states:

(A) The LIP has examined the person within the preceding 12 hours;

(B) The reasons the LIP has found the person to be dangerous to self or any other person and is in need of emergency care or treatment for mental illness; and

(C) The name of the admitting LIP at the receiving hospital or nonhospital facility who has agreed to transporting the person for further evaluation and possible admission.

(e) Retain a copy of the written statement in the person's clinical record. The original written statement shall accompany the person to the receiving hospital and shall serve as authorization for transport.

(5) Release when person is no longer dangerous. If the LIP at the hospital where the person is detained and is awaiting transport believes the person is no longer dangerous to self or any other person, then the LIP shall release the person as soon as possible. If the LIP cannot locate a receiving hospital where a LIP agrees to receive the person for evaluation, then the person shall be released within twelve hours of the time the person was originally detained.

Or. Admin. R. 309-033-0550

MHD 8-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-210-0060; BHS 9-2023, amend filed 04/04/2023, effective 4/7/2023; BHS 7-2024, amend filed 04/30/2024, effective 5/28/2024

Statutory/Other Authority: ORS 413.042 & 426.231

Statutes/Other Implemented: ORS 426.005 - 426.395