Chapter 56
AN ACT
HB 2312
Relating to rights of mentally ill persons
committed to the Department of Human Services; amending ORS 426.385.
Be It Enacted by the People of
the State of
SECTION 1. ORS 426.385 is amended to read:
426.385. (1) Every mentally ill person committed to the Department of
Human Services shall have the right to:
(a) Communicate freely
in person and by reasonable access to telephones;
(b) Send and receive
sealed mail, except that this right may be limited for security reasons in
state institutions as described in ORS 426.010;
(c) Wear the clothing of
the person;
(d) Keep personal
possessions, including toilet articles;
(e) Religious freedom;
(f) A private storage
area with free access thereto;
(g) Be furnished with a
reasonable supply of writing materials and stamps;
(h) A written treatment
plan, kept current with the progress of the person;
(i) Be represented by
counsel whenever the substantial rights of the person may be affected;
(j) Petition for a writ
of habeas corpus;
(k) Not be required to
perform routine labor tasks of the facility except those essential for
treatment;
(L) Be given reasonable
compensation for all work performed other than personal housekeeping duties;
(m) Daily access to fresh
air and the outdoors, except that this right may be limited when it would
create significant risk of harm to the person or others;
[(m)] (n) Such other rights as may
be specified by rule; and
[(n)] (o) Exercise all civil rights in the same manner and
with the same effect as one not admitted to the facility, including, but not
limited to, the right to dispose of real property, execute instruments, make
purchases, enter contractual relationships, and vote, unless the person has
been adjudicated incompetent and has not been restored to legal capacity.
Disposal of personal property in possession of the person in a state
institution described in ORS 426.010 is subject to limitation for security
reasons.
(2)(a) A person must be
immediately informed, verbally and in writing, of any limitation:
(A) Of the right to send
or receive sealed mail under subsection (1)(b) of this
section; [or]
(B) Regarding the
disposal of personal property under subsection [(1)(n)] (1)(o) of this section[.]; and
(C) Of the right to
daily access to fresh air and the outdoors under subsection (1)(m) of this section.
(b) Any limitation under
this subsection and the reasons for the limitation must be stated in the person’s
written treatment plan.
(c) The person has the
right to challenge any limitation under this subsection pursuant to rules
adopted by the department. The person must be informed, verbally and in
writing, of this right.
(3) Mentally ill persons
committed to the department shall have the right to be free from potentially
unusual or hazardous treatment procedures, including convulsive therapy, unless
they have given their express and informed consent or authorized the treatment
pursuant to ORS 127.700 to 127.737. This right may be denied to such persons
for good cause as defined in administrative rule only by the director of the
facility in which the person is confined, but only after consultation with and
approval of an independent examining physician. Any denial shall be entered
into the patient’s treatment record and shall include the reasons for the
denial. No patient shall be subjected to psychosurgery, as defined in ORS
677.190 (22)(b).
(4) Mechanical
restraints shall not be applied to a person admitted to a facility unless it is
determined by the chief medical officer of the facility or designee to be
required by the medical needs of the person. Every use of a mechanical
restraint and the reasons therefor shall be made a part of the clinical record
of the person over the signature of the chief medical officer of the facility
or designee.
(5) Nothing in this
section prevents the department from acting to exclude contraband from its
facilities and to prevent possession or use of contraband in its facilities.
(6) As used in this
section:
(a) “Contraband” has the
meaning given that term in ORS 162.135.
(b) “Security reasons”
means the protection of the mentally ill person from serious and immediate harm
and the protection of others from threats or harassment as defined by rule of
the department.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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