Or. Admin. Code § 309-102-0140

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

Section 309-102-0140 - [Effective until 1/19/2025] Disposition of Mail Retained or Delivered To Patient

(1) If mail, journalist, legal or official mail, or a package is opened, OSH staff must not read or further inspect any unrestricted items, except if patient's treatment plan contains a restriction for certain mail.

(2) Any item retained from a patient's mail, journalist, legal, or official mail, or package must be clearly marked to identify, at minimum, the date of the inspection and retention, the patient's name, the name and address of the sender, a description of the held or disposed items, and both the printed name and the signature of the OSH staff member conducting the process. The item must then be handled as provided in these rules and OAR chapter 309, division 108.

(3) When any item is confiscated by a law enforcement agency, each part of the process must be documented in the patient's chart with, at minimum, the date of inspection and confiscation, the patient's name, the name and address of the sender, a description of the confiscated item or items, and both the printed name and the signature of the OSH staff member who witnessed the law enforcement's confiscation.

(4) All documentation related to any held item must be in writing and kept in the patient's chart. OSH security staff must also retain written documentation related to any held item. patient must receive a legible copy of each document, unless OSH has good cause to believe that providing a copy of the documentation would:

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

(b) Impact an ongoing criminal investigation or proceeding.

Or. Admin. Code § 309-102-0140

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