Or. Admin. Code § 309-106-0015

Current through Register Vol. 63, No. 11, November 1, 2024

Section 309-106-0015 - [Effective until 1/14/2025] OSH Review of Visitor Applications

(1) Except for provided in section (2) of this rule, the following individuals are automatically approved for visitation:

(a) A patient's attorney recognized by the court as representing the patient, or an agent of the attorney, such as an investigator or paralegal, provided each person provides evidence of their representation of the patient, including but not limited to state bar membership or a letter of representation from the law firm or engagement letter from the investigation firm.

(b) A court-appointed, attorney-appointed or otherwise contracted licensed psychologist or psychiatrist whose purpose of conducting an independent evaluation of the patient and where legal authority to conduct the evaluation has been provided to OSH, such as but not limited to a court order or letter of engagement signed by the patient, guardian, judge or patient's attorney; or

(c) The patient's legal guardian who has provided proof of current guardianship.

(2) For those visitors automatically approved under section (1) of this rule, the Superintendent may place limitations on visitation by notifying the visitor and patient in writing based on a significant safety issue, security risk, or disruption to hospital operations. These circumstances may include but are not limited to:

(a) The visitor commits or attempts to commit a crime upon OSH premises or against the patient; and

(b) The visitor repeatedly violates or attempts to violate visitation rules.

(3) All other individuals, who want to visit a patient at OSH, are required to apply for and be approved for visitation by OSH prior to visiting a patient.

(4) As part of the visitor application, all visitors must do the following:

(a) Complete the online visitor application, available on OSH's website;

(b) Submit to an annual background check;

(c) Disclose any medical device or equipment (e.g., pacemaker, inhaler, wheelchair, or walker) or necessary prescription medication that the visitor is bringing into the secure perimeter of the hospital and provide a description of such equipment or medication.

(A) Visitors with proper documentation from a physician, nurse practitioner, or medical clinic regarding a medical condition or disability requiring a medical device or equipment, shall present this information to OSH staff to help inform staff of the visitor's circumstances. This documentation will not exempt the visitor from the security screening process.

(B) Any prescription medication must be in its original container with the original label that contains the visitor's name, name of medication, prescriber, and prescription number.

(C) If a visitor is prescribed medication or must rely on a new medical device or equipment after their application has been approved, the visitor must contact the OSH Reception Center at least 48-hours prior to their next visitation to provide satisfactory documentation of the new medication or medical device that they plan to bring with them to visitation.

(D) If the new prescribed medication or medical device or equipment was prescribed in fewer than 48-hours prior to the visitation, the visitor must contact the OSH Reception Center as soon as practicable prior to the visit and provide satisfactory documentation of the new medication or medical device or equipment that they plan to bring with them to visitation.

(E) Disclose whether the visitor is bringing a service animal to the visit and complete any OSH-required pre-approval paperwork for the animal.

(d) Disclose if they are accompanying a minor child to the visitation, and provide documentation confirming that each child visiting a patient is the visitor or patient's child or is in the visitor's legal custody or court-ordered physical custody at the time of the application.

(5) OSH must deny an application for all types of visitation, in-person and virtual, for the following reasons:

(a) The patient or visitor is prohibited by a court order from contacting one another or being in the same geographic area.

(b) The visitor is a minor and the patient has a pending criminal charge or a conviction of a sex offense against a minor, unless the minor is the patient's biological or adopted child or grandchild who is not the victim of the pending criminal charge or a conviction of a sex offense against a minor.

(c) The visitor is accompanying a minor, and the visitor has a pending or prior conviction of a sex offense involving a minor.

(d) The visitor is a former staff member and there are allegations or findings of abuse or neglect related to a patient.

(6) OSH must deny an application for in-person visitation for the following reasons but may approve an application for virtual visitation:

(a) The visitor has active warrants;

(b) The visitor was convicted of possession, control, or delivery of an explosive device;

(c) The visitor has a pending criminal charge or a conviction in the preceding 10 years of a violent felony as that term is defined in ORS 147.500; and

(d) The visitor has a pending criminal charge or a conviction for a drug-related crime in the preceding 5 years, except where the visitor confirms that they are the patient's 12-step program sponsor (e.g. Alcoholics Anonymous, Narcotics Anonymous, Cocaine Anonymous, Al-Anon, etc.) or peer recovery specialist, they have no pending drug-related charge, and the only drug-related conviction is in the preceding 3 years, they may have in-person visitation with the patient.

(7) OSH may deny an application for visitation if the security staff or direct care staff believe that the visitor could pose a clinical, safety or security risk to the patient, others or the hospital. Specific reasons for the restriction must be documented.

(8) OSH shall notify the patient in writing of a limitation on a visit or denial of a visitor application under these rules, unless notification would be detrimental to the patient's mental or physical health, which must be documented. The notification must state the reasons, duration and review process.

(9) OSH may set place limitations on a visitor as provided in OAR chapter 943, division 12.

(10) A patient or their representative may request review of OSH's decision to deny a visitor's application by following the grievance procedures set out in OAR chapter 309, division 118.

Or. Admin. Code § 309-106-0015

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

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

Statutes/Other Implemented: ORS 179.321 & 426.385