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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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OREGON HEALTH AUTHORITY,
ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES

 

DIVISION 11

ADMINISTRATIVE PRACTICES

Organization and Information 

309-011-0000

Organizational Description

(1) Purpose. This rule describes the organization of the Addictions and Mental Health Division (Division). The Addictions and Mental Health Division was previously known as the Mental Health and Developmental Disability Services Division.

(2) Statutory Authority. This rule is authorized by ORS 413.042 and carries out the provisions of ORS 183.330 & 409.010.

(3) Goal and Organization:

(a) The goal of the Division is to promote mental health and to reduce the negative consequences of mental or emotional disturbances and developmental disabilities;

(b) The Division is under the supervision and control of the Administrator. The Administrator is an Assistant Director of the Oregon Health Authority and is responsible for the state’s mental health and developmental disability programs. The Administrator is ultimately responsible for prevention, treatment, and rehabilitation programs supported by public funds;

(c) The following positions, with the Administrator, comprise the Executive Council of the Division: Deputy Administrator, Assistant Administrator for the Office of Mental Health Services, Assistant Administrator for the Office of Developmental Disability Services, Assistant Administrator for Administrative Services, Superintendent of Dammasch State Hospital, Superintendent of Oregon State Hospital, Superintendent of Fairview Training Center, Superintendent of Eastern Oregon Psychiatric and Training Center, Assistant Administrator of Personnel Services, Communications Manager, and Manager, Office of Client Rights. The Executive Council meets regularly to assist the Administrator in the management of the state’s mental health and developmental disability programs. The Administrator has the ultimate responsibility for all decisions;

(d) The Deputy Administrator is responsible for assisting the Administrator in directing, managing, coordinating programs for the Division, and supervising the Computer Services Section;

(e) The Program Offices are responsible for planning, designing, and developing resources for programs throughout the state and ensuring the quality, effectiveness, and efficiency of those programs. Each Program Office is directed by an Assistant Administrator. The Office of Mental Health Services was previously known as the Program Office for Mental or Emotional Disturbances and the Office of Developmental Disability Services was previously known as the Program Office for Mental Retardation and Other Developmental Disabilities;

(f) The Assistant Administrator for Administrative Services is responsible for the following administrative and support functions: Managing the Division’s contractual relationship with providers of local mental health and developmental disability services; legal and financial compliance audits and for managing the budgeting and business operations of the Division to expedite the effective delivery of services. The functions performed by the Office of Administrative Services support all Division programs;

(g) The Superintendents of the five state institutions are responsible for the operation, control, and management of those institutions;

(h) The Assistant Administrator of Personnel Services is responsible for directing Division-wide labor relations activities; personnel services; personal services position information control system (PICS); classification and allocation; and affirmative action/equal employment opportunity (EEO) to assure compliance with federal and state laws, merit system principles, and labor union contracts;

(i) The Communications Manager is responsible for developing and coordinating a statewide communications plan for the Division, producing informational materials; providing communications counseling and assistance to staff. The position serves as spokesperson for the Division and works as a communications liaison to the Oregon Health Authority;

(j) The Manager, Office of Client Rights is responsible for independent investigations of patient and resident abuse cases, conducting investigations on behalf of the Administrator, and liaison with the various family and consumer advocacy groups representing the Division’s clients.

Stat. Auth.: ORS 413..042
Stats. Implemented: ORS 183.330
Hist.: MHD 6, f. 2-18-72, ef. 3-11-72; MHD 19, f. 5-31-74, ef. 6-25-74; MHD 18-1980, f. & ef. 12-2-80; MHD 19-1983, f. & ef. 9-23-83; MHD 4-1990, f. 4-26-90, cert. ef. 4-30-90

309-011-0010

Obtaining Information

(1) Purpose. This rule prescribes the method whereby the public may obtain information or make submissions or requests of the Division.

(2) Statutory Authority. This rule is authorized by ORS 179.040 and carries out the provisions of ORS 183.330.

(3) Obtaining Information. The public may obtain information or make submissions or requests of the Division by contacting the Communications Manager, Addictions and Mental Health Division, 500 Summer St. NE, E-86, Salem, OR 97310.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 183.330
Hist.: MHD 6, f. 2-18-72, ef. 3-11-72; MHD 20, f. 5-31-74, ef. 6-25-74; MHD 9-1986, f. & ef. 9-26-86; MHD 5-1990, f. 4-26-90, cert. ef. 4-30-90

309-011-0019

Membership on Task Forces, Commissions, Advisory Groups and Committees

(1) As defined in ORS 174.109, at least 20 percent of the membership of all task forces, commissions, advisory groups and committees established by Division shall be consumers, with representation balanced by age.

(2) This rule applies only to task forces, commissions, advisory groups and committees that:

(a) Primarily relate to persons with mental health or addiction issues; and

(b) Are subject to ORS 192.630.

(3) Membership is subject to the limitations outlined in ORS 430.073.

Stat. Auth.: ORS 413.042 & 430.078
Stats. Implemented: ORS 430.078
Hist.: MHS 10-2010, f. & cert. ef. 7-22-10, Renumbered from 309-011-0140 by MHS 17-2012, f. & cert. ef. 12-28-12

The Consumer Advisory Council

309-011-0024

Purpose and Scope

The purpose of these rules is to implement ORS 430.073, related to the Addiction and Mental Health (AMH) Division’s Consumer Advisory Council (CAC). The scope of these rules is limited strictly to the CAC, and will clarify CAC’s purpose, scope, membership, roles, and responsibilities, and those of AMH.

Stat. Auth.: ORS 413.042 & 430.073
Stats. Implemented: ORS 430.073
Hist.: MHS 17-2012, f. & cert. ef. 12-28-12

309-011-0026

Definitions

(1) “Administrative Support” means the tasks provided by AMH, which are detailed in OAR 309-011-0230(b) below.

(2) “Advise” means to recommend, suggest or inform.

(3) “AMH Representative” means the individual(s) identified by AMH to provide administrative support to CAC.

(4) “CAC” means the Consumer Advisory Council authorized by ORS 430.073 and comprised of consumers appointed by the Director.

(5) “Consumer” means a person who has received or is currently receiving mental health or addiction services.

(6) “Director” means the Director of the Oregon Health Authority or his or her designee.

(7) “Director’s Designee” means the Director of the Addictions and Mental Health (AMH) Division.

(8) “Majority Vote” means a decision agreed upon by the majority of the quorum present.

(9) “Present”, related to meetings, means being physically present, or connected to the meeting process via conference call or tele-conference.

(10) “Public Meeting” means those meetings open to the public and governed by ORS 192.610 through 192.690.

Stat. Auth.: ORS 413.042 & 430.073
Stats. Implemented: ORS 430.073
Hist.: MHS 17-2012, f. & cert. ef. 12-28-12

309-011-0028

CAC Roles

(1) The role of CAC is to provide to the Director’s Designee advice on the provision of mental health services by AMH.

(2) CAC may provide evaluation and feedback on site reviews related to mental health services provided by AMH.

(3) CAC shall work in cooperation with the Director’s Designee or other designated AMH representative to promote, support and communicate AMH’s mission, vision and values.

(4) CAC shall adhere to public meeting laws.

(5) CAC may develop a mission statement and goals, which shall not contradict the authorizing statutes or these rules.

(6) After the first of each calendar year, the CAC shall, in consultation with the AMH Representative, develop and adopt a work plan for the ensuing twelve months.

(7) CAC may establish committees to investigate and report back to CAC regarding areas of interest to CAC.

(8) CAC shall not establish AMH policies, rules, internal directives or procedures.

Stat. Auth.: ORS 413.042 & 430.073
Stats. Implemented: ORS 430.073
Hist.: MHS 17-2012, f. & cert. ef. 12-28-12

309-011-0031

CAC Responsibilities

(1) CAC shall meet at least once every two months.

(2) A meeting may continue without a quorum participating, but authorities granted to CAC may not be exercised without a quorum.

(3) Advice to the Director’s Designee shall be provided in writing when CAC has a recommendation accepted by a majority of the quorum.

(4) Advice to the Director’s Designee shall be signed and dated by the chair or vice-chair.

(5) CAC in collaboration with the AMH Representative may determine the procedures related to conducting CAC business.

Stat. Auth.: ORS 413.042 & 430.073
Stats. Implemented: ORS 430.073
Hist.: MHS 17-2012, f. & cert. ef. 12-28-12

309-011-0032

Memberships: Selection and Terms

(1) Members shall be appointed by the Director’s Designee, considering CAC recommendations, and shall be appointed for a two year term following a written acceptance of the offer.

(2) CAC shall consist of between 15 and 25 consumers, and selection shall strive to represent:

(a) A broad range of ages, parents or guardians of children, youth in transition (ages 16 to 25), adults age 55 or older;

(b) A variety of cultures and ethnicities;

(c) An approximate division of gender; and

(d) A balance of geographic areas within the state.

(3) AMH may appoint any member for a second two year term.

(4) No person shall be excluded from serving as a member of CAC due to affiliation with any organization or institution, or on the basis of race, ethnic origin, religious affiliation, gender, age, disability or sexual orientation.

(5) Only the Director’s Designee may remove a person from CAC prior to the end of his or her current two year term.

(6) Members of CAC are not entitled to compensation or reimbursement of expenses under ORS 292.495. [2007 c.805, 2; 2009 c.595 463]

Stat. Auth.: ORS 413.042 & 430.073
Stats. Implemented: ORS 430.073
Hist.: MHS 17-2012, f. & cert. ef. 12-28-12

309-011-0034

Chair and Vice-Chair: Election and Duties

(1) The CAC shall elect by a majority of participating votes, one of its members as chair and one as vice-chair, to serve for a two year term each, with the possibility of re-election for one additional consecutive term.

(2) The chair shall have the powers and duties necessary for the performance of the office. These duties shall include, but not be limited to the following:

(a) Facilitate CAC meetings;

(b) Assign members to panels or committees;

(c) Ensure the content of CAC meetings remain within the boundaries of its scope, purpose and authorities;

(d) Identify meeting agenda items, in collaboration with the AMH representative;

(e) Call special meetings

(f) Sign documents from CAC addressed to the Director’s Designee;

(g) Make membership recommendations, in collaboration with the CAC and AMH representative.

(h) With approval from the AMH Representative, the Chair may represent CAC by responding to requests for information or participation pertaining to CAC.

(3) The vice-chair shall be responsible for the chair’s duties in his or her absence.

(4) Early termination or resignation of the chair or vice-chair’s position shall be filled by a majority vote of those present, to serve a two year term.

Stat. Auth.: ORS 413.042 & 430.073
Stats. Implemented: ORS 430.073
Hist.: MHS 17-2012, f. & cert. ef. 12-28-12

309-011-0036

AMH Responsibilities

(1) AMH shall provide:

(a) Necessary training and orientation to CAC members, including but not limited to the following subject areas:

(A) AMH’s mission, vision, goals, roles and scope of business.

(B) CAC’s purpose and scope of business;

(C) CAC’s internal protocol and practices;

(D) Lobbying restrictions;

(E) Conflict of interest;

(F) Public meeting laws;

(G) These administrative rules; and

(H) Other administrative rules, AMH policies and procedures, internal management directives, and state and federal laws related to topics CAC is considering as part of a recommendation to the Director’s Designee.

(b) Administrative support such as but not limited to:

(A) Secure meeting spaces;

(B) Public meeting notices in accordance with public meeting laws;

(C) Take attendance;

(D) Scribe, distribute and maintain records of approved minutes;

(E) Participate in the development of CAC meeting agendas; and

(F) Send and receive communications to and from the Director’s Designee.

(2) The Director’s Designee shall respond in writing within 60 days following receipt of CAC’s recommendations.

Stat. Auth.: ORS 413.042 & 430.073
Stats. Implemented: ORS 430.073
Hist.: MHS 17-2012, f. & cert. ef. 12-28-12

Mental Health Advisory Board

309-011-0040

Purpose and Statutory Authority

(1) Purpose. These rules describe the organization and responsibilities of the Mental Health Advisory Board.

(2) Statutory Authority. These rules are authorized by ORS 413.042 and carry out the provisions of ORS 430.050.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 430.050
Hist.: MHD 6-1982, f. & ef. 3-23-82; MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90

309-011-0045

Definitions

As used in these rules:

(1) “Administrator” means the Assistant Director of the Addictions and Mental Health Division, Oregon Health Authority.

(2) “Consumer” means a person receiving or eligible to receive services under rules of the Division.

(3) “Division” means the Addictions and Mental Health Division of the Oregon Health Authority.

(4) “Mental Health Advisory Board” means a board appointed by the Administrator and approved by the Governor to study the problems of persons with mental illness or developmental disabilities, assist in planning, and make recommendations to the Administrator for the development of policies and procedures with respect to the state mental health services, and developmental disabilities services programs.

(5) “Disabled Person” means any person who:

(a) Has a physical or mental impairment which substantially limits one or more major life activities;

(b) Has a record of such an impairment; or

(c) Is regarded as having such an impairment.

Stat. Auth.: ORS 413.042 & 430.050
Stats. Implemented: 430.050
Hist.: MHD 6-1982, f. & ef. 3-23-82; MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90; MHD 4-1995, f. 5-31-95, cert. ef. 6-1-95

309-011-0050

Organization

(1) The Mental Health Advisory Board shall be composed of at least 15 but not more than 20 lay and professionally trained individuals.

(2) The Administrator, with the approval of the Governor, shall appoint the board members.

(3) Board members shall provide a balanced representation of program areas and populations served, and shall reflect the diverse ethnic, age and disability characteristics of consumers of services provided in Division programs.

(4) At least two members of the Board shall be disabled persons, one of whom is a consumer of mental health services and one of whom is a consumer of developmental disability services. Two additional members of the Board shall be consumers or family members of consumers.

(5) Members of the board shall serve for terms of four years expiring on the last day of odd numbered years.

(6) Members are entitled to compensation and expenses as provided in ORS 292.495.

(7) The Administrator may remove any member of the board for misconduct, incapacity or neglect of duty. Any member who is absent from three consecutive meetings of the Board may be removed, at the Administrator’s discretion.

(8) The Administrator may make provision for technical and clerical assistance to the Mental Health Advisory Board and for the expense of such assistance.

(9) The board shall meet at least twice each year.

Stat. Auth.: ORS 413.042 & 430.050
Stats. Implemented: 430.050
Hist.: MHD 6-1982, f. & ef. 3-23-82; MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90; MHD 4-1995, f. 5-31-95, cert. ef. 6-1-95

309-011-0055

Responsibilities

(1) The board shall assist the Division in planning and preparation of administrative rules for the assumption of responsibility for psychiatric care in state and community hospitals by community mental health programs, in accordance with ORS 430.630.

(2) The board shall study the problems of mental health services, and developmental disabilities services and make recommendations for the development of policies and procedures with respect to these programs.

(3) The board shall review state laws and legislative concepts relative to state mental health services and developmental disabilities services programs.

(4) The board shall review and consider funding of state mental health services, and developmental disabilities services programs and make recommendations.

(5) The board shall advise the Administrator on the relationship of mental health and developmental disability programs to other state, local and private services and make recommendations for collaborative or joint program developments.

(6) The board shall serve as a consulting body to the Administrator.

(7) The board shall encourage public understanding and acceptance of state mental health services, and developmental disabilities services programs.

Stat. Auth.: ORS 413.042 & 430.050
Stats. Implemented: 430.050 & 430.630
Hist.: MHD 6-1982, f. & ef. 3-23-82; MHD 3-1990, f. 4-26-90, cert. ef. 4-30-90

AMH Occupancy Payments Rules

309-011-0105

Purpose

(1) The purpose of OAR 309-011-0105 to 309-011-0115 is to establish the standards by which the Addictions and Mental Health (AMH) Division and it’s designees approve payments to licensed residential programs, funded by the Division or it’s designee, for adult consumers of mental health services.

(2) OAR 309-011-0105 to 309-011-0115 will facilitate a system of residential services and supports driven by individual needs promoting recovery and wellness.

Stat. Auth.: ORS 430.210,413.042 & 443.450
Stats. Implemented: ORS 443.400 - 443.460 & 443.991
Hist.: MHS 9-2010, f. 6-30-10, cert. ef. 7-1-10

309-011-0110

Definitions

(1) "Adult" means a person 18 years of age or older, an emancipated minor and individuals in the Young Adults in Transition (YAT) programs as designated in contract.

(2) “Community Mental Health Program” (CMHP) means an entity that is responsible for planning and delivery of services for individuals with substance use disorders or mental health diagnoses, operated in a specific geographic area of the state under an intergovernmental agreement or direct contract with the Division.

(3) “Division” means the Addictions and Mental Health (AMH) Division of the Department.

(4) “Individual Services and Support Plan” (ISSP) means a comprehensive plan for services and supports coordinated for an individual and his or her family, as applicable, that is reflective of the assessment and the intended outcomes of services.

(5) “Occupied” means a specific individual is actively residing in a designated program living space and is receiving services as defined in OAR 309-016-0600 to OAR 309-016-0755.

(6) “Occupancy Rate” means the calculated minimum rate of occupancy in a residential program’s Operating Budget that reflects the percentage of occupancy needed to meet expenses.

(7) “Operating Budget” means a division approved budget utilizing division prescribed forms for the purpose of setting rates in residential programs.

(8) “Population Designation” means any term used to describe an individual in terms of their legal status or other category, to include but not limited to those who are civilly committed, admitted voluntarily or under the jurisdiction of the Psychiatric Security Review Board (PSRB).

(9) “Provider” means an organizational entity, or qualified person who is contractually affiliated with a Community Mental Health Program (CMHP) or contracted directly with the Division for the delivery of mental health services to individuals.

(10) “Residential Program” means all licensed Secure Residential Treatment Facilities, Residential Treatment Facilities and Residential Treatment Homes funded by the Addictions and Mental Health (AMH) Division or it’s designee, to provide services for mental health individuals approved by the Division or it’s designee.

(11) “Services” means those activities and treatments described in the Individual Services and Support Plan (ISSP) that are intended to assist the individual to transition to recovery from a substance use disorder, problem gambling disorder or mental health condition.

(12) “Supervision” means the observation and monitoring of individuals by program staff, at intervals necessary in order to maintain safety and an awareness of the individual’s personal interaction and use of time.

(13) “Vacancy Rate” means the vacancy percentage calculated in a residential program’s Operating Budget that reflects the vacant days available per month without impact on funding.

(14) “Wellness” means an approach to healthcare and lifestyle that emphasizes optimal and holistic physical and mental health and which encourages optimal quality of life while preventing illness and prolonging life.

Stat. Auth.: ORS 413.042 & 443.450
Stats. Implemented: ORS 430.210, 443.400 - 443.460 & 443.991
Hist.: MHS 9-2010, f. 6-30-10, cert. ef. 7-1-10

309-011-0115

Provider Compensation

(1) Residential program providers will be compensated for services as defined in OAR 309-016-0600 to OAR 309-016-0755.

(2) Only one provider may be compensated for each day. Individuals absent from the residential program on activities under the supervision of the program staff shall be considered as occupying their designated living space.

(3) The Division may make a Reserved Service Capacity Payment due to an acute care/respite admission or based on an Order of Revocation issued by the Psychiatric Security Review Board. In order to receive such funding the provider must:

(a) Notify the Division within 48 hours by submitting a Reserved Service Capacity Payment form via email to: car.amh@state.or.us. The Division will approve/deny the request within 2 business days of receiving the request.

(b) Receive approval from the Division prior to receiving such payment.

(c) For payment request, submit a contract amendment request and the approved Reserved Service Capacity Payment Request Form with the Client Status portion completed, at the end of each approval period.

(d) Use policies, procedures and forms prescribed by the Division for the notification and request for payment.

(4) All residential program living spaces funded by the Division or it’s designee will be available to any consumer approved by the Division or its designee without regard to their population designation or County of Responsibility.

Stat. Auth.: ORS 413.052 & 443.450
Stats. Implemented: ORS 430.210, 443.400 - 443.460 & 443.991
Hist.: MHS 9-2010, f. 6-30-10, cert. ef. 7-1-10

Self Determination Policy

309-011-0120

Purpose

These rules prescribe standards to be implemented by the Addictions and Mental Health (AMH) Division in order to establish the Self-Determination Policy as used in ORS 430.071.

Stat. Auth.: ORS 413.042 & 430.078
Stats. Implemented: ORS 430.078
Hist.: MHS 10-2010, f. & cert. ef. 7-22-10; MHS 17-2012, f. & cert. ef. 12-28-12

309-011-0125

Definitions

As used in these rules:

(1) "Director" means the Director of the Addictions and Mental Health (AMH) Division of the Oregon Health Authority (Authority), or his or her designee.

(2) "Consumer” means a person who has received or is receiving mental health or addiction services.

(3) "Consumer Advisory Council" means the council appointed by the Assistant Director to advise the Division on the provision of mental health services.

(4) "Division" means the Addictions and Mental Health (AMH) Division of the Oregon Health Authority.

(5) “Olmstead v. L.C.” means the 1999 Supreme Court decision under which states are required to place persons with disabilities in community settings rather than in institutions when the State’s treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual and the placement can be reasonably accommodated, taking into account the resources of the State and needs of others with disabilities.

(6) As used in ORS 430.075, these terms have the following meanings:

(a) "Task force" means a group or committee, usually composed of experts or specialists, formed for analyzing, investigating, or solving a specific problem or objective;

(b) "Commission" means a group of individuals that meet on a regular basis, and that are officially authorized to perform certain duties or functions;

(c) "Advisory group" means a collection of individuals who bring unique knowledge and skills, and who are appointed to support a particular service or function, or to investigate, report on, or act upon a particular matter; and

(d) "Committee" means a body of persons that are officially delegated or assigned to consider, investigate, act on, or report on a particular service or function.

Stat. Auth.: ORS 413.042 & 430.078
Stats. Implemented: ORS 430.078
Hist.: MHS 10-2010, f. & cert. ef. 7-22-10; MHS 17-2012, f. & cert. ef. 12-28-12

309-011-0130

Policy

The Addictions and Mental Health (AMH) Division shall adopt a policy that supports and promotes self-determination for persons receiving mental health services. The policy shall be designed to remove barriers that:

(1) Segregate persons with disabilities from full participation in the community in the most integrated setting in accordance with the United States Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999); and

(2) Prevent persons with disabilities from enjoying a meaningful life, the benefits of community involvement and citizen rights guaranteed by law.

Stat. Auth.: ORS 413.042 & 430.078
Stats. Implemented: ORS 430.078
Hist.: MHS 10-2010, f. & cert. ef. 7-22-10; MHS 17-2012, f. & cert. ef. 12-28-12

309-011-0140 [Renumbered to 309-011-0019]

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