Or. Admin. Code § 309-106-0010

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

Section 309-106-0010 - [Effective 1/14/2025] Patients' Rights to Visitation and Exceptions

(1) The Division recognizes the needs of patients to have access to and maintain contact with family members and the community of which they are a part as well as the needs of family and community members to have access to patients. Except as otherwise provided in this rule, patients have the right to receive visits from any visitor who has submitted a visitor application and been approved for visitation.

(2) OSH shall provide designated places for in-person and virtual visitations to occur in as much comfort and privacy as possible.

(3) OSH may set reasonable limitations on visitation hours and days and type of visitation, and may also require supervision during a visit. OSH may grant exceptions upon visitor or patient requests to change days or hours of visitation. OSH may impose additional reasonable limitations on visitation under the following circumstances:

(a) The Governor has declared a public health emergency as set in ORS 433.441;

(b) The Governor has declared a state of emergency as set in ORS 401.165 that may impact hospital's operations, patients, or OSH staff;

(c) OSH has determined there are safety or security risks that may impact the hospital's operations, patients, or OSH staff.

(4) OSH shall post visitation rules and restrictions on every unit and in the visitation areas.

(5) A patient may refuse to see a visitor at any time.

(6) OSH patients have a right to in-person visits for approved visitors except when:

(a) Security staff or direct care staff have reasonable cause to believe that the visitor would pose a safety or security risk, introduce contraband (including prohibited items), or assist in planning or executing a patient's escape or unauthorized leave from OSH;

(b) Security staff or direct care staff have reasonable cause to believe that the visitor would be harmful to the patient's physical or mental health or may pose a safety or security risk;

(c) Security staff or direct care staff observe that the visitor's behavior is disruptive to the patient, others, or OSH, which may include consideration of the visitor's past conduct at OSH;

(d) The visitor refuses to comply with the requirements in this rule or has a history of violating these rules, including but not limited to refusal to submit to security inspection and pat-downs deemed necessary to ensure the safety and security of patients, others, and OSH;

(e) The unit is under current medical restriction because of a communicable disease, or the visitor may have a communicable disease or refuses to comply with required preventative protocols; or

(f) A visitor whose purpose is to solicit the patient to purchase an item the visitor is selling.

(g) The visitor is proselytizing regarding a religion to a patient who does not want that interaction;

(h) the circumstances in section 3 above exist.

Or. Admin. Code § 309-106-0010

MHD 29-1982, f. 12-28-82, ef. 1-28-83; BHS 13-2022, temporary amend filed 07/05/2022, effective 7/5/2022 through 12/31/2022; BHS 30-2022, amend filed 12/23/2022, effective 12/23/2022; BHS 18-2024, temporary amend filed 07/19/2024, effective 7/19/2024 through 1/14/2025; BHS 28-2024, amend filed 11/13/2024, effective 1/14/2025

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

Statutes/Other Implemented: ORS 179.321 & 426.385