Salem, OR. — Marion County has formally petitioned the Oregon Health Authority to reverse administrative rules that county officials say undermine safety at licensed mental health residential treatment facilities.
The petition, filed Wednesday under Oregon’s Administrative Procedures Act, seeks changes involving resident transfers and discharges, alcohol restrictions and admission procedures. It follows a June 29 letter to OHA and an Aug. 14 meeting involving state and county representatives.
Commissioner Danielle Bethell said the county believes the rules expose facility residents, employees, visitors and neighbors to avoidable risks.
“It is unacceptable that OHA refuses reasonable safety protections,” Bethell said. “We will not stop fighting to ensure our staff and the residents in these facilities they serve are safe from the harm OHA’s policies would needlessly cause.”
Become a Paid Subscriber for Exclusive Content Access and Support Independent News
The county contends current rules prevent facilities from beginning an expedited transfer or discharge until a resident has caused serious physical harm. Its petition asks OHA to allow action in response to serious threats or reckless endangerment, using standards similar to those found in Oregon landlord-tenant law.
County officials also want residential providers to have greater authority to restrict or prohibit alcohol when its use could interfere with treatment or threaten safety. According to the county, some providers are currently prohibited from establishing blanket alcohol bans.
A third proposed change concerns admissions. Marion County says providers must accept referrals and conduct screening interviews before denying placement, even when available information indicates that an applicant would not be an appropriate or safe fit for a particular facility.
Anna Macera, administrator of Horizon House Residential Treatment, told commissioners that one resident using supplemental oxygen repeatedly activated a lighter near an oxygen tank, presenting a potential fire or explosion hazard. Macera said OHA rules prevented employees from immediately confiscating the lighter.
She also described cases in which residents reported feeling unsafe following aggressive conduct by another resident, but staff could not fully resolve the situation for an extended period.
“Our residents deserve more than a bed,” Macera said. “They deserve a home where they feel safe enough to heal, supported enough to grow, and empowered enough to build a better future.”
The allegations and examples were presented by Marion County and facility representatives. OHA’s response to the petition was not included in the county’s announcement.
Under ORS 183.390, an agency receiving a rulemaking petition must either deny it in writing or begin rulemaking proceedings within 90 days. The process gives OHA an opportunity to solicit public input and consider the county’s proposed revisions, but it does not require the agency to adopt them.
Commissioner Colm Willis, chairman of the Marion County Board of Commissioners, urged OHA to work with counties, treatment providers and people affected by the regulations.
“Protecting our staff and the residents they care for through these commonsense changes is the right thing to do,” Willis said.
Pioneers in Holistic Oral Care
About the Author
Discover more from Right Now Oregon
Subscribe to get the latest posts sent to your email.
