Or. Admin. Code § 309-102-0130

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

Section 309-102-0130 - [Effective until 1/19/2025] Handling of Patients' Journalist Mail, Legal Mail, Official Mail, Mail and Packages

(1) When a patient receives an authorized package, OSH may open and search it for contraband, including but not limited to prohibited items, even if there is no reasonable cause to believe that it may contain such an item. Authorized packages may be opened outside of the patient's presence.

(2) Unauthorized packages will not be accepted by OSH. OSH may return the package to sender, conduct a search of the package for safety or security reasons, request that it be accepted by law enforcement, or dispose of it in the presence of two OSH staff members. OSH must document the action taken.

(3) OSH may scan any incoming and outgoing sealed mail, journalist, legal, and official mail, or packages with non-invasive technology (e.g., metal detector, x-ray) for contraband.

(4) OSH may open, search, and photocopy patient mail other than legal, journalist, and official mail, outside the patient's presence, even where there is no reasonable cause to believe that it may contain contraband.

(a) When OSH photocopies patient mail, it must provide a photocopy of the original mail to the patient and retain the original mail in a locked and secured room.

(b) If the original mail contains contraband, OSH will follow the procedures in sections (7) and (8) of this rule.

(c) Upon a patient's discharge, OSH must return any original mail except mail that has been identified and disposed of as contraband pursuant to the procedures in section (7) of this rule.

(5) OSH may open and search legal, journalist and official mail, in the presence of the patient even when there is no reasonable cause to believe it may contain contraband, for the purpose of assuring it does not contain contraband.

(a) If the legal, journalist, or official mail does not contain contraband, the patient may retain the original.

(b) If the legal, journalist, or official mail contains any item that poses a safety or security risk, including but not limited to controlled substances, drug paraphernalia, weapons, or any item that could be used as an instrumentality of escape, OSH will follow the procedures in section (7) of this rule.

(6) After searching a patient's mail, journalist, legal, or official mail, or package under this rule and a prohibited item is found inside, then OSH may:

(a) Store the item as excess personal property;

(b) Provide the item to a designated person pursuant to OAR 309-108-0010(3);

(c) Dispose of any prohibited items that may pose a safety or security risk. Disposal must be documented and must be witnessed by two OSH staff members; and/or

(d) Give the patient any unrestricted item.

(7) After searching a patient's mail, journalist, legal, or official mail, or package under this rule and controlled substances, drug paraphernalia, weapons, or any item that could be used as an instrumentality of escape are found inside or there is reasonable cause to believe that one of those items has been found, then OSH must:

(a) Create a chain of custody and hold the mail, journalist, legal, or official mail, or package mail from a protection and advocacy group under ORS 192.517 or package in a secure area;

(b) Contact law enforcement and turn over the controlled substances, drug paraphernalia, or weapons if law enforcement is willing to accept the item(s), and document the action taken;

(A) If law enforcement declines to investigate further or accept the controlled substances, drug paraphernalia, or weapons, then dispose of the controlled substances, drug paraphernalia, or weapons in the presence of at least two OSH staff and document the action taken.

(B) If law enforcement declines to investigate further or accept the rest of the contents of the mail, journalist, legal or official mail, or package, give the patient any unrestricted items, and dispose of any prohibited item as set out in paragraph (7) of this rule.

(8) After searching a patient's mail, journalist, legal, or official mail, or package under this rule and drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, or unauthorized currency are found inside, OSH must:

(a) Follow the process in section (6) of this rule, if OSH does not have good faith belief that the drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, or the unauthorized currency are evidence of a crime or attempted crime; or

(b) Follow the process in section (7) of this rule if OSH has a good faith belief that the drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, or the unauthorized currency are evidence of a crime or attempted crime.

(9) OSH must inform the patient of any incoming or outgoing mail, journalist, legal, or official mail, or package found to contain contraband (including prohibited items) was opened unless OSH has a good faith belief that the notification may:

(a) Increase the risk to the safety or security of OSH; or

(b) Impact an ongoing criminal investigation or proceeding.

Or. Admin. Code § 309-102-0130

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