1. (1) "Abuse of an Adult" means the circumstances defined in ORS 430.735, OAR Chapter 943, Division 45 and OAR Chapter 407, Division 45 for abuse of an adult with mental illness or who is receiving residential substance use disorder treatment or withdrawal management services.
2. (2) “Abuse of a Child” means the circumstances defined in ORS 419B.005 and ORS 418.257.
3. (3) "Adult" means an individual 18 years of age or older or an emancipated minor. An individual with Medicaid eligibility who needs services specific to children, adolescents, or young adults in transition shall be considered a child until age 21 for the purposes of these rules. Adults who are between the ages of 18 and 21 who are considered children for purposes of these rules shall have all rights afforded to adults as specified in these rules.
4. (4) “Authority” means the Oregon Health Authority.
5. (5) “Behavioral Health Treatment” means treatment for mental health, substance use disorders, and problem gambling.
6. (6) “Care Coordination” means a process-oriented activity to facilitate ongoing communication and collaboration to meet multiple needs. Care coordination includes facilitating communication between the person or family served, the family, natural supports, community resources, and involved providers and agencies; organizing, facilitating, and participating in team meetings; and providing for continuity of care by creating linkages to and managing transitions between levels of care and transitions for young adults in transition to adult services.
7. (7) “Cot” means temporary, collapsible, flat, fabric surface on which an individual can rest or recline.
8. (8)  "Community Mental Health Program (CMHP)" an entity that is responsible for planning and delivery of safety net services for persons with mental or emotional disturbances, drug abuse problems, and alcoholism and alcohol abuse in a specific geographic area of the state under a contract with the Division or a local mental health authority and pursuant to OAR Chapter 309, Division 014.
9. (9) “Complaints” means program staff must not retaliate in any way against any individual, witness or staff member after a complaint or grievance has been filed.
10. (10) "Crisis" means either an actual or perceived urgent or emergent situation that occurs when an individual’s stability or functioning is disrupted, and there is an immediate need to stabilize the situation to prevent a serious deterioration in the individual’s mental or physical health or to prevent referral to a significantly higher level of care or death.
11. (11) "Crisis Intervention" means short-term services to address an immediate crisis need.

12. (12) “Crisis Stabilization Centers” means a program that is:

    1. (a) Designed to prevent or ameliorate a behavioral health crisis or reduce acute symptoms of mental illness or substance use disorder; and
    2. (b) Certified by the Division to provide screening, assessment, crisis intervention, and less than 24 consecutive hours of observation and crisis stabilization services for individuals who do not require inpatient treatment.
13. (13) “Crisis and safety plan” means an individualized document created in collaboration with an individual and their family, if applicable, to help anticipate and prevent future crisis episodes. The plan, at minimum, includes strategies for self-regulation; activators; contact information for supportive resources; and documents, referrals, and recommendations for follow up services and supports."
14. (14) “Crisis stabilization services” includes diagnosis, stabilization, observation and follow-up referral services provided to individuals in a community-based, developmentally appropriate homelike environment to the extent practicable as defined by ORS 430.626.

15. (15) “Critical Incident” means any incident that caused harm or created a potential risk of harm to a resident including:

    1. (a) Abuse, neglect, or exploitation;
    2. (b) Misuse or unauthorized use of restraints or seclusion;
    3. (c) Medication error resulting in consultation with a poison control center or medical professional, an emergency department or urgent care visit, hospitalization or death; and
    4. (d) Suspected overdose.
    5. (e) Serious injury.
    6. (f) Contact with law enforcement or emergency services.
    7. (g) Death.
16. (16) “Critical Incident Report” means a written description of any critical incident.
17. (17) “Culturally Responsive” means services that are respectful of and relevant to the beliefs, practices, culture and linguistic needs of diverse consumer/client populations and communities whose members identify as having particular cultural or linguistic affiliations. Cultural responsiveness describes the capacity to respond to the issues of diverse communities and requires knowledge and capacity at different levels of intervention: systemic, organizational, professional, and individual.
18. (18) "Declaration for Mental Health Treatment" means a written statement of an individual’s preferences concerning their mental health treatment. The declaration is made when the individual is able to understand and legally make decisions related to such treatment. It is honored, as clinically appropriate, in the event the individual becomes unable to make such decisions.
19. (19) “Department” means the Oregon Department of Human Services.
20. (20) "Diagnosis" means the principal mental health, substance use, or problem gambling diagnosis listed in the Diagnostic and Statistical Manual of Mental Disorders, Fifth edition (DSM-5-TR). The diagnosis is determined through the assessment and any examinations, tests, or consultations suggested by the assessment and are medically necessary reason for services.
21. (21) “Division” means the Behavioral Health Division of the Oregon Health Authority, or its designee.
22. (22) “Diagnostic and Statistical Manual of Mental Disorders,  means the current edition of the textbook used to diagnose and classify mental disorders that is published by the American Psychiatric Association.
23. (23) "Family" means the biological or legal parents, siblings, other relatives, foster parents, legal guardians, spouse, domestic partner, caregivers, and other primary relations to the individual whether by blood, adoption, or legal or social relationships. Family also means any natural, formal, or informal support persons identified as important by the individual.
24. (24) “First Responder” means a person with specialized training who is among the first to arrive and provide assistance or incident resolution at the scene of an emergency. First responders include, but are not limited to, law enforcement officers, emergency medical services members, and fire service members.
25. (25) “Gender Identity” means an individual's self-identification of gender without regard to legal or biological identification including but not limited to individuals identifying themselves as male, female, transgender, gender transitioning and transitioned, non-binary, intersex, and gender diverse.
26. (26) “Gender Expression” means the external characteristics and behaviors that are socially defined as masculine, feminine, or androgynous such as dress, mannerisms, speech patterns, and social interactions.
27. (27) "Grievance" means a formal complaint submitted to a provider verbally or in writing by an individual or the individual’s representative.
28. (28) "Guardian" means an individual appointed by a court of law to act as guardian of a minor or a legally incapacitated individual.
29. (29) “Homelike” means an environment that promotes the dignity, security, and comfort of an individual through the provision of personalized care and services and encourages independence, choice, and decision-making by the individual.
30. (30) “Individual” means any person being considered for or receiving services and supports regulated by these rules.
31. (31) "Level of Care" means the type, frequency, and duration of medically necessary services provided from the most integrated setting to the most restrictive and intensive inpatient setting

32. (32) "Licensed Medical Practitioner (LMP)” means a person who meets the following minimum qualifications as documented by the Local Mental Health Authority (LMHA) or designee:

    1. (a) Physician licensed to practice in the State of Oregon.
    2. (b) Nurse practitioner licensed to practice in the State of Oregon; or
    3. (c) Physician's assistant licensed to practice in the State of Oregon.
    4. (d) Whose training, experience, and competence demonstrate the ability to conduct a medical exam, a mental health assessment and provide medication management; and

33. (33) “Local Mental Health Authority (LMHA)” means one of the following entities:

    1. (a) The board of county commissioners of one or more counties that establishes or operates a CMHP.
    2. (b) The tribal council in the case of a Federally Recognized Tribe of Native Americans that elects to enter into an agreement to provide mental health services; or
    3. (c) A regional local mental health authority composed of two or more boards of county commissioners.
34. (34) "Medicaid" means the federal grant-in-aid program to state governments to provide medical assistance to eligible individuals under Title XIX of the Social Security Act.
35. (35) "Medical Director" means a physician licensed to practice medicine in the State of Oregon and is designated by a Crisis Stabilization Center to be responsible for the program's medical services, either as an employee or through a contract.
36. (36) “Medication Assisted Treatment (MAT)” means the use of medication in combination with counseling and behavioral therapies for the treatment of substance use disorders.
37. (37) "Opioid" means natural, synthetic, or semi-synthetic chemicals normally prescribed to treat pain. This class of drugs includes, but is not limited to, illegal drugs such as heroin, natural drugs such as morphine and codeine, synthetic drugs such as fentanyl and tramadol, and semi-synthetic drugs such as oxycodone, hydrocodone, and hydromorphone.
38. (38) "Opioid Overdose" means a medical condition that causes depressed consciousness and mental functioning, decreased movement, depressed respiratory function and the impairment of the vital functions as a result of taking opiates in an amount larger than can be physically tolerated.
39. (39) "Opioid Overdose Kit" means an ultraviolet light-protected hard case containing a minimum of two doses of an FDA-approved short-acting, non-injectable, opioid antagonist medication, one pair non-latex gloves, one face mask, one disposable face shield for rescue breathing, and a short-acting, non-injectable, opioid antagonist medication administration instruction card.
40. (40) “Peer Support Specialist (PSS)” means a program staff providing peer-delivered services to an individual or family member with similar life experience under the supervision of a qualified clinical supervisor and a qualified peer-delivered services supervisor as resources are made available.
41. (41) “Plan of Correction” (POC) means a written plan and attached supporting documentation created by the provider when required by the Division to address findings of noncompliance with these rules or applicable service delivery rules.
42. (42) "Program" means an organized system of services and supports delivered by a provider designed to address the treatment needs of individuals and families.
43. (43) "Program Director" means program staff with appropriate professional qualifications and experience who is designated to manage the operation of a program.
44. (44) "Program Staff" means personnel who renders a clinical service or support. Program staff could include, but is not limited to, an employee, contractor, intern, or volunteer who is rendering or assisting with rendering clinical services or supports.
45. (45) “Provider” means an organizational entity or qualified person that is certified or licensed by the Division for the direct delivery of substance use, problem gambling, or mental health services and supports.
46. (46) "Qualified Mental Health Associate (QMHA)” means mental health program staff delivering services under the direct supervision of a QMHP who meets the minimum qualifications as authorized by the LMHA or designee and specified in OAR 309-019-0125.
47. (47) "Qualified Mental Health Professional (QMHP)" means mental health program staff LMP or any other program staff meeting the minimum qualifications as authorized by the LMHA or designee and specified in OAR 309-019-0125.
48. (48) “Qualified Program Staff” means a QMHP or QMHA who meets the minimum qualifications as authorized by the LMHA or designee and specified in OAR 309-019-0125.
49. (49) “Recliner” means an adjustable type of seating designed to provide comfort and support for individuals in crisis.
50. (50) "Legal Representative" means someone who acts on behalf of an individual at the individual’s request with respect to a grievance including but not limited to a relative, friend, Division employee, attorney, or legal guardian.
51. (51) “Service Record” means the written or electronic documentation regarding an individual presenting for services at a Crisis Stabilization Center.
52. (52) “Signature” means any written or electronic means of entering the name, date of authentication, and credentials of the program staff providing a specific service or the individual authorizing services and supports. Signature also means any written or electronic means of entering the name and date of authentication of the individual, guardian, or any legal representative of the individual receiving services.
53. (53) “Stabilization Services” includes diagnosis, stabilization, observation and follow-up referral services provided to individuals in a community-based, developmentally appropriate homelike environment to the extent practicable.
54. (54) "Substance Use Disorder (SUD)" as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders textbook, means disorders related to the taking of a drug of abuse including alcohol, the side effects of a medication, or a toxin exposure. The disorders include substance use disorders and substance-induced disorders, which include substance intoxication and withdrawal, and substance-related disorders such as delirium, neuro-cognitive disorders, and substance-induced psychotic disorder.
55. (55) “Substance use screening” means the process to determine the presence of substance use and whether someone needs further substance use assessment, services, resources, or referrals.
56. (56) “Suicide Risk Assessment” means a comprehensive evaluation, usually performed by a clinician, to evaluate suspected suicide risk in an individual, estimate the immediate danger, and decide on a course of treatment.
57. (57) “Suicide screening” means a procedure in which a standardized suicide screening tool or protocol is used to identify individuals who may be at risk for suicide.
58. (58) “Supports” means activities, referrals, and supportive relationships designed to enhance the services delivered to individuals and families for the purpose of facilitating progress toward intended outcomes.
59. (59) "Variance" means an exception from a provision of these rules granted in writing by the Division pursuant to the process regulated by these rules upon written application from the provider.
60. (60) “Violence Risk Assessment” means a comprehensive evaluation, usually performed by a clinician, to evaluate suspected risk of harm to others in an individual, estimate the immediate danger, and decide on a course of treatment.
61. (61) “Violence Screening” means a procedure in which a validated tool, or protocol is used to identify individuals who may be at risk for harm to others.
62. (62) "Volunteer" means a person who performs a service willingly and without pay.
63. (63) “Youth” means the universal term used to describe all individuals, children, adolescents, and teenagers from birth through the age of 17.
64. (64) “Young adults” is the accepted term to describe individuals between the ages of 18 and 20 years of age enrolled in IIBHT services.

Statutory/Other Authority

ORS 183.310 -183.750, 179.040, 413.042, 413.032 - 413.033, 428.205 - 428.270, 430.624, 430.626 - 430.630, 430.640, 430.870, HB 2417 (2021) & 743A.168

Statutes/Other Implemented

ORS 183.310 - 183.750, 426.500, 428.205 - 428.270, 430.010, 430.021, 430.205 - 430.210, 430.254, 430.335, 430.620, 430.626 - 430.630, 430.637 & 414.665

History

BHS 15-2026, temporary adopt filed 06/04/2026, effective 06/05/2026 through 09/15/2026
BHS 2-2026, temporary adopt filed 03/20/2026, effective 03/20/2026 through 09/15/2026