Or. Admin. Code § 309-088-0115

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

Section 309-088-0115 - Definitions

(1) "Acuity of Symptoms" means intensity and severity of symptoms.

(2) "Authority" means the Oregon Health Authority.

(3) "Behavioral Health" means mental health, mental illness, addiction disorders, and substance use disorders.

(4) "Care Coordination" means a process-oriented activity to facilitate ongoing communication and collaboration to meet multiple needs including facilitating communication between natural supports, community resources, and involved providers and agencies; organizing, facilitating, and participating in client staffing meetings; and providing for continuity of care by creating linkages to and managing transitions between levels of care.

(5) "Case Management" means the services provided to assist individuals who reside in a community setting or are transitioning to a community setting in gaining access to needed medical, social, educational, entitlement, tribal resources, and other applicable services.

(6) "Community Mental Health Program (CMHP)" means the organization of various services for individuals with a mental health diagnosis or substance use disorders operated by or contractually affiliated with a local mental health authority and operated in a specific geographic area of the state under an agreement with the Authority pursuant to Oregon Administrative Rule (OAR) chapter 309, division 014.

(7) "CMHP Director" means the director of a CMHP, or the director's designee.

(8) "Community Consultation" means a consultation where the CMHP Director consults with the defendant and with any local entity that would be responsible for providing Community Restoration Services to the defendant if the defendant were to be released in the community, which includes tribal entities and the defendant's Coordinated Care Organization (CCO), to determine whether appropriate Community Restoration Services are present and available in the community. A report generated from that consultation is then provided to the Court that ordered the Community Consultation. The Community Consultation is not an examination regarding Fitness to Proceed, and, therefore, does not need to be completed by a Certified Forensic Evaluator pursuant to ORS 161.365 and OAR chapter 309 division 090.

(9) "Community Restoration Services" means services and treatment necessary to safely allow a defendant to gain or regain Fitness to Proceed in the community, which may include but are not limited to:

(a) Competency Restoration Services;

(b) Forensic Care Coordination; and

(c) Supportive Services.

(10) "Community Transition Plan" means a plan for placement when the defendant transitions from one level of care, provider, or facility to another as described in OAR 309-088-0130.

(11) "Community Transition Planning" means creating, regularly updating, and implementing a Community Transition Plan.

(12) "Competency Restoration Services" means services directly focused on restoring Fitness to Proceed, which may include but are not limited to:

(a) Behavioral Health treatment;

(b) Legal Skills Training; and

(c) Medical Services.

(13) "Court" means the court with jurisdiction regarding defendant's Fitness to Proceed.

(14) "Fitness to Proceed" means that the defendant is able to:

(a) Understand the nature of the proceedings against the defendant;

(b) Assist and cooperate with the counsel of the defendant; and

(c) Participate in the defense of the defendant.

(15) "Forensic Care Coordination" means a process-oriented activity to facilitate ongoing communication and collaboration between the jurisdictional Court or other designated agencies within the criminal justice system, State Hospital, CMHP, the Authority, tribal entities, CCO, and parties to the case to the extent permitted by law. Forensic Care Coordination must include, but is not limited to:

(a) Coordination of periodic forensic evaluations, in collaboration with the defendant's attorney, to assess Fitness to Proceed;

(b) Coordinating or providing transportation to and from the forensic evaluations and Court appearances in the case; and

(c) Communication of Court ordered requirements, limitations, and Court dates to the defendant as clinically indicated.

(16) "Incidental Supports" means the provision of items that are not the direct provision of services. Incidental Supports may include things such as clothing, food, and medication.

(17) "Judicial Day" means a day when Court is open.

(18) "Legal Skills Training" means training on courtroom procedures, roles, language, and potential outcomes of the court process.

(19) "Linkages to Benefits" means assisting an individual obtain benefits for which they are eligible, including but not limited to:

(a) Medicaid;

(b) Social Security;

(c) Aging and People with Disabilities Services;

(d) Supplemental Nutrition Assistance Program; and

(e) Housing.

(20) "Medical Services" means care and treatment provided by a licensed medical provider directed at preventing, diagnosing, treating, or correcting a medical problem.

(21) "Medication Management" means the prescribing and administering and reviewing of medications and their side effects, including both pharmacological management as well as supports and training to the individual.

(22) "Peer-Delivered Services" means community-based services and supports provided by peers, peer support specialists, and family support specialists to individuals with similar lived experience. These services are intended to support individuals in engaging with ongoing treatment and to live successfully in the community.

(23) "Qualified Mental Health Professional (QMHP)" means an individual who meets the qualification requirements outlined in OAR 309-019-0125.

(24) "State Hospital" means the Oregon State Hospital system, including all campuses.

(25) "Superintendent" means the chief executive officer of a state hospital, or designee, or an individual authorized by the superintendent to act in the superintendent's capacity.

(26) "Supportive Services" means services that an individual may need both during and after Competency Restoration Services which may include but are not limited to:

(a) Incidental Supports;

(b) Behavioral Health treatment;

(c) Care Coordination;

(d) Case Management;

(e) Linkages to Benefits;

(f) Medication Management;

(g) Peer-Delivered Services; and

(h) Vocational services.

(27) "Vocational Services" means employment support services that leads to competitive integrated employment. The Authority encourages the use of fidelity IPS Supported Employment for providing Vocational Services.

Or. Admin. Code § 309-088-0115

MHS 13-2017, temporary adopt filed 10/23/2017, effective 10/23/2017 through 04/20/2018; MHS 2-2018, adopt filed 02/05/2018, effective 2/5/2018; BHS 9-2019, temporary amend filed 07/16/2019, effective 07/16/2019 through 01/11/2020; BHS 1-2020, amend filed 01/10/2020, effective 1/12/2020; BHS 18-2021, temporary amend filed 08/18/2021, effective 8/18/2021 through 2/13/2022; BHS 3-2022, amend filed 01/24/2022, effective 2/1/2022; BHS 22-2024, amend filed 08/30/2024, effective 9/1/2024

Statutory/Other Authority: ORS 413.042, ORS 430.640 & SB 295 (2021)

Statutes/Other Implemented: ORS 430.640, ORS 161.370, ORS 161.365 & ORS 430.630