Or. Admin. Code § 309-102-0120

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

Section 309-102-0120 - [Effective 1/19/2025] Patient Rights Related to Mail and Packages

(1) Except as limited in these rules, all patients at OSH must have the right to communicate freely by sending and receiving sealed mail.

(2) All journalist mail, legal mail, official mail, or other mail may be sent or delivered by hand or via any parcel delivery service.

(3) To aid OSH in identifying the type of patient mail, incoming and outgoing legal, journalist, or official mail must be clearly labeled on the outside of the envelope as legal, journalist, or official mail, and set apart from the return and mailing addresses for ease of recognition, and must be verifiable as legal, journalist, or official mail.

(4) Patients may not receive unauthorized packages.

(5) For safety and security reasons, patients, family members or friends who are visitors as defined in chapter 309, division 106 may only purchase items through the OSH Market, except the patient may purchase printer paper at cost from OSH. OSH will not profit from the sales from the OSH Market. If the OSH Market does not have the desired item, the patient may request authorization from OSH to purchase an item through OSH's ordering system. OSH must only grant authorization for requests to purchase items if:

(a) It is not contraband, including but not limited to prohibited items;

(b) It is patient clothing, personal bedding, reading material, cultural food/items, or religious items; and

(c) It can be stored in the designated storage areas in the patient's room or patient property room.

(6) Except as otherwise provided in these rules, OSH must not:

(a) Read or censor any patient's incoming or outgoing journalist mail, legal mail or official mail.

(b) Prevent, obstruct or delay a patient's outgoing journalist mail, legal mail, official mail, mail or packages from being promptly mailed; or

(c) Prevent, obstruct or delay a patient's incoming journalist mail, legal mail, official mail or mail from being promptly delivered to the patient.

(7) Except as required for treatment reasons, safety, or security reasons, or when mail is addressed to OSH, OSH staff having read or examined a patient's journalist, legal, official or other mail must protect the patient's confidentiality by refraining from discussions regarding it.

(8) OSH may place a limit on the patient's right to send or receive journalist mail, mail, or authorized packages if the limitation and the reasons for the limitation are stated in the patient's written treatment care plan. OSH must inform the patient of that limitation.

(9) At a patient's request, OSH staff may assist the patient in reading their incoming or sending their outgoing mail, journalist, legal or official mail. The patient's need for this assistance must first be documented in the patient's treatment care plan.

(10) OSH must provide patients with a reasonable amount of writing material. OSH must make stamps available for purchase by patients with funds. OSH will provide a reasonable number of stamps to patients without funds.

(11) The exchange of electronic mail is an earned privilege and is related to the patient's recent behaviors, current level of care and other privileges.

Or. Admin. Code § 309-102-0120

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; BHS 27-2024, amend filed 11/13/2024, effective 1/19/2025

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

Statutes/Other Implemented: ORS 179.360 & 426.385