2017 ORS 441.196¹
Discharge of patients receiving mental health treatment

(1) As used in this section:

(a) “Discharge” means the release of a patient from a hospital following admission to the hospital.

(b) “Lay caregiver” means:

(A) For a patient who is younger than 14 years of age, a parent or legal guardian of the patient.

(B) For a patient who is at least 14 years of age, an individual designated by the patient or a parent or legal guardian of the patient to the extent permitted under ORS 109.640 (Right to medical or dental treatment without parental consent) and 109.675 (Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent).

(2) A hospital shall adopt and enforce policies for the discharge of a patient who is hospitalized for mental health treatment. The policies must be publicly available and include, at a minimum, all of the following:

(a) Encouraging the patient to sign an authorization for the disclosure of information that is necessary for a lay caregiver to participate in the patient’s discharge planning and to provide appropriate support to the patient following discharge including, but not limited to, discussing the patient’s prescribed medications and the circumstances under which the patient or lay caregiver should seek immediate medical attention.

(b) Assessing the patient’s risk of suicide, with input from the lay caregiver if appropriate.

(c) Assessing the long-term needs of the patient including:

(A) The patient’s need for community-based services;

(B) The patient’s capacity for self-care; and

(C) To the extent practicable, whether the patient can be properly cared for in the place where the patient was residing when the patient presented at the hospital.

(d) A process to coordinate the patient’s care and transition the patient from an acute care setting to outpatient treatment that may include community-based providers, peer support, lay caregivers and others who can execute the patient’s care plan following discharge.

(e) Scheduling follow-up appointments for no later than seven days after discharge or documenting why the seven-day goal could not be met. [2015 c.466 §2]

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital’s employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

1 Legislative Counsel Committee, CHAPTER 441—Health Care Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors441.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.