OAR 309-112-0031: Use of Isolation to Control the Spread of a Serious, Highly Infectious Disease

(1) Subject to the provisions of this rule, the chief medical officer or designee may order a patient’s involuntary placement in isolation if: (a) The patient is suspected of or is diagnosed with a serious, highly infectious disease; (b) The patient refuses to or is unable to remain in an unlocked room or area, or refuses to or is unable to follow staff’s instructions related to necessary safety protocols; and (c) Isolation of the patient is temporarily necessary to prevent the spread of the infectious disease to other patients and staff. (2) The chief medical officer’s or designee’s verbal or written order for isolation shall be documented in the patient’s chart. The order shall last only as long as it is medically necessary to prevent the spread of the infectious disease to other patients and staff, as determined by the chief medical officer or designee. The chief medical officer or designee shall review the continued need for the isolation order every 72 hours, and document that in the patient’s chart. (3) For the purposes of this rule, the chief medical officer may designate one or more of the following persons to order isolation: A physician licensed to practice medicine in the State of Oregon, a psychologist, or a psychiatric/mental health nurse practitioner. (4) Prior to ordering the isolation of a patient under this rule, the institution shall attempt to obtain informed consent from the patient or guardian for the patient to remain in a designated room or area and, if medically reasonable, to follow necessary safety protocols to prevent the spread of the infectious disease. If informed consent is obtained from the patient or guardian, it shall be recorded in the patient’s chart. (5) During the patient’s isolation, the state institution shall ensure that its staff: (a) Perform checks on the patient every 1 hour and such checks must be documented in the patient’s chart; (b) Attend to the patient’s basic personal needs and exercise needs in accordance with general medical practice; and (c) To the extent practicable and medically safe to other patients and staff, accommodate the patient’s mental disabilities treatment and training regimen. (6) A patient, guardian, or a duly authorized representative of the patient, or guardian has the right to contest any application of these rules as provided in OAR 309-118-0000 through 309-118-0050 (Grievance Procedures for Use in State Institutions).