Or. Admin. Code § 309-102-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-102-0110 - [Effective until 1/19/2025] Definitions

(1) "Contraband" means any controlled substance, drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, drug paraphernalia, weapons, unauthorized currency or prohibited items.

(2) "Controlled Substance" means a drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 USC 811 to 812, as modified under ORS 475.005 and ORS 475.035.

(3) "Court" means a tribunal where legal matters are resolved, including but not limited to state circuit courts, federal courts, bankruptcy courts, tribal courts, administrative courts, and municipal courts."

(4) "Court official" means a person employed by a court to conduct court business, and includes a federal, county, tribal, and municipal judge, magistrate, administrative judge, and hearings officer and any other person who is tasked by a court to conduct the court's business."

(5) "Cultural Food/Items" means an item that relates to a patient's cultural or ethnic identity.

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

(7) "Drug" means:

(a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them;

(b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(c) Substances (other than food) intended to affect the structure or any function of the body of humans or animals, including but not limited to vitamins, supplements, dietary powders, synthetic cathinones, synthetic cannabinoids; or

(d) Substances intended for use as a component of any article specified in paragraph (a), (b) or (c) of this subsection; however, the term does not include devices or their components, parts or accessories.

(8) "Drug Paraphernalia" means all equipment, products and materials of any kind that are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of ORS 475.752 to 475.980.

(9) "Electronic Mail" means digital messages transmitted electronically.

(10) "Excess Personal Property" means property which cannot be stored in the designated storage in the patient's room or personal storage space on the unit.

(11) "Good Faith Belief" means an honest or sincere belief in something.

(12) "Harassment" means a patient who is communicating or attempting to communicate with an individual or entity that they are prohibited from contacting by a court order, treatment care plan, or other legal requirement.

(13) "Journalist Mail" means any mail sent by a patient to a news media organization such as, but not limited to a newspaper, a magazine and a television station's news department, or sent to a patient from a news media organization, and which is clearly labeled "journalist mail" on the addressee side of the envelope, set apart from the return and mailing addresses for ease of recognition, and where the news media organization is verifiable.

(14) "Legal Mail" means any mail received from or addressed to an attorney, court, disability rights organizations or the protection and advocacy system identified in ORS 192.517, or court official which is clearly labeled as "legal mail" on the addressee side of the envelope, set apart from the return and mailing addresses for ease of recognition, where the sender or receiver is verifiable as a licensed attorney, court, or court official.

(15) "Limited Access Item" means an item that could pose a safety or security risk in the possession of a patient but is permitted for a set duration of time with the prior authorization of OSH staff and, if applicable, with the direct supervision of OSH staff. A limited access item becomes a prohibited item if the patient possesses or uses the item outside of the scope of the authorization or without OSH staff supervision if required.

(16) "Mail" means any paper documents sent by or received by a patient in a standard sized, legal sized, or special handling envelope with a weight of 16 ounces or less, and thickness of no more than 1/2 inch. Mail does not include any item other than paper. Legal, Official and journalist mail are not subject to the envelope and weight restrictions.

(17) "Official Mail" means any mail sent by a patient or sent to a patient from an elected official, appointed official, employee or agent of a federal, state, or tribal government, where the designation of the government official, employee or agent is clearly labeled on the addressee side of the envelope, set apart from the return and mailing addresses for ease of recognition, and whose status is verifiable.

(18) "Oregon State Hospital" or "OSH" or "hospital" means any campus of the Oregon State Hospital system.

(19) "OSH Market" means an on-site retail establishment where patients, family members or friends who are visitors as defined in chapter 309 division 106 may purchase unrestricted items or authorized limited access items for the patient.

(20) "OSH Staff" means OSH employees, contractors, interns, and volunteers who have direct or indirect contact with patients.

(21) "Package" means any item sent by or received by a patient that does not meet the definition of mail, journalist mail, legal mail, or official mail.

(a) "Authorized Package" means a package received by OSH for a patient that OSH has provided prior authorization for under these rules.

(b) "Unauthorized Package" any package that is not an authorized package.

(22) "Patient" means an individual who is 18 years of age or alder and receiving care and/or treatment at OSH, whether the program where the individual is receiving care and/or treatment is licensed as hospital level of care or other licensed level of care.

(23) "Patient Clothing" means an item worn to cover the patient's body.

(24) "Patient Property Room" means a designated area where patients may store personal property in a designated bin that cannot be stored in their room.

(25) "Personal Bedding" means two pillows, one blanket or comforter, and one sheet set.

(26) "Personal Property" means unrestricted items that belong to the patient that can be kept in the designated storage of the patient's room or patient property room.

(27) "Photocopy" means the copied image of incoming mail, including envelope, that replicates the content and the mail in in a format that accurately conveys the words or images on the original mail received.

(28) "Prohibited Item" means:

(a) Alcohol;

(b) Possession of drugs in the patient's room without authorization by OSH;

(c) Any item that reasonably could be used to escape or leave the hospital without authorization;

(d) Food stored in the patient room or in the patient's storage in the patient property room;

(e) Any item in the possession of a patient who is prohibited from possessing or using that item in their treatment care plan because it is considered detrimental to their treatment;

(f) Excess personal property;

(g) Any limited access item in the possession of a patient that exceeds the scope of the authorization or is not being supervised by OSH staff as required; or

(h) Any item that could pose a safety or security risk for the hospital.

(29) "Reading Materials" means a written or printed work consisting of pages glued or sewn together along one side and bound in covers, such as books, magazines, or periodicals.

(30) "Reasonable Cause" means an OSH staff member has knowledge or notice of facts or circumstances and the rational inferences drawn therefrom that would lead a reasonable and experienced OSH staff member to come to a conclusion.

(31) "Religious Item" means an item that is associated with the patient's particular system of faith and worship.

(32) "Safety" means protecting the patient and others from potential harm or preventing the patient from escaping or leaving without authorization, damaging state property, damaging the patient's or another patient's personal property, or committing or attempting to commit a crime.

(33) "Scan" means to cause an object to be examined by an x-ray or electromagnetic device for the purpose of detecting contraband.

(34) "Security Reason" means protecting the patient from serious and immediate harm and protecting others from threats or harassment.

(35) "Security Risk" means conditions that would pose a risk of harm to the patient, others, or to the hospital.

(36) "Superintendent" means the executive head of the Oregon State Hospital or the Superintendent's designee.

(37) "Threat" means the patient's expression of an intent to harm, cause alarm to, or intimidate another individual.

(38) "Treatment Care Plan" means an individualized and comprehensive written plan of therapeutic interventions designed, in collaboration between the patient and their treatment team, to facilitate rehabilitation of psychiatric symptoms.

(39) "Unauthorized Currency" means paper money and coins in the possession of a patient in an amount or in a location not authorized by OSH.

(40) "Unrestricted Items" means any item that is not contraband and has been authorized by OSH for the patient's use or possession.

(41) "Weapon" means any item that can be used or modified to be used to harm the patient or others, including but not limited to guns, knives, improvised pointed or bladed instrument, and pepper spray.

Or. Admin. Code § 309-102-0110

MHS 5-2011, f. & cert. ef. 8-3-11; MHS 8-2011(Temp), f. & cert. ef. 10-27-11 thru 4-20-12; MHS 1-2012, f. & cert. ef. 2-9-12; BHS 11-2022, temporary amend filed 07/05/2022, effective 7/5/2022 through 12/31/2022; BHS 29-2022, amend filed 12/23/2022, effective 12/23/2022; BHS 40-2023, temporary amend filed 10/09/2023, effective 10/9/2023 through 4/5/2024; BHS 4-2024, amend filed 03/20/2024, effective 3/20/2024; BHS 21-2024, temporary amend filed 07/24/2024, effective 7/24/2024 through 1/19/2025

Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360

Statutes/Other Implemented: ORS 179.360 & 426.385