Or. Admin. Code § 309-036-0105

Current through Register Vol. 63, No. 11, November 1, 2024

Section 309-036-0105 - Definitions

The following definitions apply to these rules:

(1) "Care Provider" means an individual or entity that provides services and support for an individual with serious mental illness or serious and persistent mental illness under a residential service agreement, contract, or other similar arrangement.

(2) "Community Housing" means real property, improvements, and related equipment that are used or could be used to house individuals with a serious and persistent mental illness in community-based settings consistent with ORS 426.502. It includes single-family housing, multiple-unit residential housing, and residential facilities. It does not include hospitals, nursing homes, correctional facilities, and other institutional housing except as provided in these rules. Consistent with the designated housing model, community housing may include accommodations for care providers and resident managers.

(3) "Community Housing Development" means efforts or assistance, financial or otherwise, that result in the establishment of community housing.

(4) "Community Housing Renovation" means efforts that result in the improvement of real property, the use of which is restricted to community housing for individuals with serious and persistent mental illness. Improvement includes but is not limited to replacing worn or non-functional components, making repairs to improve health and safety, expanding the building to accommodate more residents or provide more adequate living quarters, and installing equipment necessary to the operation of the community housing.

(5) "Community Mental Health Housing Fund" or "Fund" means the fund established by ORS 426.506.

(6) "Construct" includes but is not limited to building, installing, assembling, expanding, altering, converting, repairing, replacing or relocating community housing development, renovation, or administration. It may also mean to install equipment and necessary infrastructure to prepare a site.

(7) "Director" means the Director of the Health Systems Division.

(8) "Division" means the Health Systems Division of the Oregon Health Authority (Authority).

(9) "Equipment" means permanently installed fixtures or appliances acquired for the community housing.

(10) "Individual with Serious Mental Illness" means an individual who is:

(a) Diagnosed by a Qualified Mental Health Professional as suffering from a chronic mental disorder as defined by ORS 426.495 that includes but is not limited to conditions such as chronic schizophrenia, chronic affective disorder, chronic paranoid disorder, and other disorders that manifest symptoms that are not solely a result of mental retardation or other developmental disabilities, epilepsy, drug abuse, or alcoholism; which continue for more than one year, or on the basis of a specific diagnosis, are likely to continue for more than one year; and

(b) Impaired to an extent that substantially limits the individual's consistent functioning in one or more of the following areas:

(A) Home environment, independently attending to shelter needs, personal hygiene, nutritional needs, and home maintenance;

(B) Community negotiation, independently and appropriately utilizing community resources for shopping, recreation, and other needs;

(C) Social relations, establishing and maintaining supportive relationships;

(D) Vocational, maintaining employment sufficient to meet personal living expenses or engaging in other age appropriate activities.

(11) "Institutional Housing" means housing located at an Oregon State Hospital campus or the Blue Mountain Recovery Center, including buildings, grounds, leased facilities, infrastructure, and ancillary facilities.

(12) "Qualified Mental Health Professional (QMHP)" means a Licensed Medical Practitioner (LMP) or any other individual meeting one or more of the following minimum qualifications as authorized by the Local Mental Health Authority or designee:

(a) Bachelor's degree in nursing and licensed by the State of Oregon;

(b) Bachelor's degree in occupational therapy and licensed by the State of Oregon;

(c) Graduate degree in psychology;

(d) A Graduate degree in social work;

(e) A Graduate degree in recreational, art, or music therapy; or

(f) A Graduate degree in a behavioral science field.

(13) "Serious and Persistent Mental Illness" means the current Diagnostic and Statistical Manual of Mental Disorders diagnostic criteria for at least one of the following conditions as a primary diagnosis for an adult age 18 or older:

(a) Schizophrenia and other psychotic disorders;

(b) Major depressive disorder;

(c) Bipolar disorder;

(d) Anxiety disorders limited to Obsessive Compulsive Disorder (OCD) and Post Traumatic Stress Disorder (PTSD);

(e) Schizotypal personality disorder; or

(f) Borderline personality disorder.

Or. Admin. Code § 309-036-0105

MHD 7-2003, f. 8-15-03 cert. ef. 9-1-03; MHS 7-2010, f. & cert. ef. 6-7-10; BHS 12-2018, amend filed 05/30/2018, effective 6/1/2018; BHS 13-2018, amend filed 06/05/2018, effective 6/5/2018; BHS 13-2018, amend filed 06/05/2018, effective 6/5/2018

Statutory/Other Authority: ORS 413.042 & 430.640

Statutes/Other Implemented: ORS 426.502-426.508