Or. Admin. Code § 309-106-0025

Current through Register Vol. 63, No. 10, October 1, 2024

Section 309-106-0025 - [Effective until 1/14/2025] Visitation Requirements

(1) Visitors must abide by all requirements set out in these rules. Failure to do so may result in the termination of the visit and limitations on future visits.

(2) Visitors must abide by the following requirements for the safety and security of the patients, staff, visitors, and hospital:

(a) Visitors must wear a base layer of clothing only, which may include a dress, skirt, shirt, pants, or shorts.

(b) Visitors must also wear appropriate footwear such as shoes or sandals.

(c) Visitors are prohibited from wearing into the secure perimeter:

(A) Camouflage or military-type clothing unless it has been approved in advance by the Security Director or designee;

(B) Clothing with words or logos related to alcohol, tobacco, products, drugs, vulgarity, violence, bigotry, sexual connotations, or those containing allusions to any of these items;

(C) Clothing that may be considered provocative, including, but not limited to, transparent, skin-tight, low-cut clothing, or clothing that exposes undergarments, bare back, buttocks, or midriff at any time (e.g., while sitting, standing, or bending over);

(D) Neckties, scarves, necklaces, or any other item that encircles the neck;

(E) Outerwear (e.g., jackets, gloves, hats). When wearing hats or other head coverings that obstruct the facial features unless it is a religious garment that has been disclosed to OSH in advance;

(F) Multiple layers of clothing;

(G) Shoes or accessories that might be a safety hazard, including any item that may be used as a weapon or ligature device; and

(d) Visitors must not bring into the secure perimeter computers, tablets, cellular phones, watches or any other electronic or battery-powered device.

(3) Visitors may only bring these items into the secure perimeter:

(a) Their locker keys;

(b) Their badge;

(c) Pre-disclosed prescription medication;

(d) Pre-disclosed medical device or equipment;

(e) Service animal; and

(f) When there is a minor visitor under the age of two, the following items are allowed into the secure perimeter:

(A) A clear baby bottle with fluids inside;

(B) A single baby blanket;

(C) Two diapers and diaper wipes;

(D) One undamaged plastic toy; and

(E) Any additional items must be approved on a case-by-case basis by the Security Shift Supervisor. However, strollers, baby carriers, car seats, and stuffed animals are not allowed in the secure perimeter.

(4) Notwithstanding section (3) of this rule, additional items (e.g., computers, papers, pens, books and phones) subject to the approval of security staff may be brought into the secure perimeter:

(a) By the following individuals:

(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; and

(C) Clergy.

(b) Under no circumstances may any of the individuals described in this section bring in weapons, prescription medications not in its original packaging and prescribed for the visitor, non-prescription medications, controlled substances, alcohol, food and beverages.

(5) Security staff or direct care staff may continuously observe visitors and patients to identify any unusual behavior or security concerns. Suspicious activity includes, but it not limited to:

(a) Passing contraband or engaging in conduct that appears to be passing contraband;

(b) Engaging in conflict with patients, other visitors, or staff;

(c) Inappropriate touching or lewd behavior; and

(d) Appearing to be intoxicated.

(6) For in-person contact visits, a brief hug at the beginning and at the conclusion of a visit is allowed. No further physical contact between a patient and a visitor is allowed. Security staff or direct care staff may interrupt any attempt to prolong the brief embrace . If the patient or visitor persists in engaging in physical contact during visitation, security staff or direct care staff may terminate the visit.

(7) Patients and visitors are not permitted to move about the visiting area or any other room outside of the visiting area including in the gardens.

(8) To limit the opportunity to pass contraband to patients, patients and visitors are not permitted to purchase or eat food during the visit, or to play games together.

(9) Patients are not permitted to approach or follow visitors outside of the designated visiting area.

(10) All minors must be accompanied by a pre-approved adult visitor who is a parent, legal guardian, or court-ordered escort to enter a visitation area. Visitors must provide documentation confirming that each child visiting is their child, in their legal custody or court-ordered physical custody at the time of the application.

(11) Visitors may be required to wear personal protective equipment, including a mask, and adhere to other preventative protocols while a medical restriction is in effect.

(12) Video visitation is available to all patients and their approved visitors.

Or. Admin. Code § 309-106-0025

BHS 18-2024, temporary adopt filed 07/19/2024, effective 7/19/2024 through 1/14/2025

Statutory/Other Authority: ORS 179.040, 413.042 & 179.360

Statutes/Other Implemented: ORS 179.321 & 426.385