This regulation prescribes standards and procedures for handling incoming and outgoing mail and packages for patients at the Oregon State Hospital (OSH), a state psychiatric inpatient facility serving adults 18 and older. It establishes patient rights related to mail (including legal, journalist, and official mail), sets rules for opening, scanning, and searching mail and packages, and addresses contraband detection and confidentiality protections. Facility operators must follow specific protocols for authorized and unauthorized packages, provide patients with writing materials and stamps, and document any limitations on mail rights in the patient's treatment care plan.
View official sourceOregon Health Authority Health Systems Division: Behavioral Health Services - Chapter 309 Division 102 HANDLING PATIENT MAIL IN STATE INSTITUTIONS 309-102-0100 Purpose and Scope These rules prescribe the standards and procedures for handling incoming and outgoing mail for Oregon State Hospital patients. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.360 & 426.385 History: BHS 4-2024, amend filed 03/20/2024, effective 03/20/2024 BHS 40-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024 BHS 29-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 11-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHS 1-2012, f. & cert. ef. 2-9-12 MHS 8-2011(Temp), f. & cert. ef. 10-27-11 thru 4-20-12 MHS 5-2011, f. & cert. ef. 8-3-11 309-102-0110 Definitions (1) “Contraband” means any controlled substance, drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, drug paraphernalia, weapons, unauthorized currency or prohibited items. (2) “Controlled Substance” means a drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 USC 811 to 812, as modified under ORS 475.005 and ORS 475.035. (3) "Court” means a tribunal where legal matters are resolved, including but not limited to state circuit courts, federal courts, bankruptcy courts, tribal courts, administrative courts, and municipal courts." (4) "Court official” means a person employed by a court to conduct court business, and includes a federal, county, tribal, and municipal judge, magistrate, administrative judge, and hearings officer and any other person who is tasked by a court to conduct the court's business." (5) “Cultural Food/Items” means an item that relates to a patient’s cultural or ethnic identity. (6) “Division” means the Oregon State Hospital Division of the Oregon Health Authority. (7) “Drug” means: (a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them; (b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (c) Substances (other than food) intended to affect the structure or any function of the body of humans or animals, including but not limited to vitamins, supplements, dietary powders, synthetic cathinones, synthetic cannabinoids; or (d) Substances intended for use as a component of any article specified in paragraph (a), (b) or (c) of this subsection; however, the term does not include devices or their components, parts or accessories. (8) “Drug Paraphernalia” means all equipment, products and materials of any kind that are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of ORS 475.752 to 475.980. (9) “Electronic Mail” means digital messages transmitted electronically. (10) “Excess Personal Property” means property which cannot be stored in the designated storage in the patient’s room or personal storage space on the unit. (11) “Good Faith Belief” means an honest or sincere belief in something. (12) “Harassment” means a patient who is communicating or attempting to communicate with an individual or entity that they are prohibited from contacting by a court order, treatment care plan, or other legal requirement. (13) “Journalist Mail” means any mail sent by a patient to a news media organization such as, but not limited to a newspaper, a magazine and a television station’s news department, or sent to a patient from a news media organization, and which is clearly labeled “journalist mail” on the addressee side of the envelope, set apart from the return and mailing addresses for ease of recognition, and where the news media organization is verifiable. (14) “Legal Mail” means any mail received from or addressed to an attorney, court, disability rights organizations or the protection and advocacy system identified in ORS 192.517,or court official which is clearly labeled as “legal mail” on the addressee side of the envelope, set apart from the return and mailing addresses for ease of recognition, where the sender or receiver is verifiable as a licensed attorney, court, or court official. (15) “Limited Access Item” means an item that could pose a safety or security risk in the possession of a patient but is permitted for a set duration of time with the prior authorization of OSH staff and, if applicable, with the direct supervision of OSH staff. A limited access item becomes a prohibited item if the patient possesses or uses the item outside of the scope of the authorization or without OSH staff supervision if required. (16) “Mail” means any paper documents sent by or received by a patient in a standard sized, legal sized, or special handling envelope with a weight of 16 ounces or less, and thickness of no more than ½ inch. Mail does not include any item other than paper. Legal, Official and journalist mail are not subject to the envelope and weight restrictions. (17) “Official Mail” means any mail sent by a patient or sent to a patient from an elected official, appointed official, employee or agent of a federal, state, or tribal government, where the designation of the government official, employee or agent is clearly labeled on the addressee side of the envelope, set apart from the return and mailing addresses for ease of recognition, and whose status is verifiable. (18) “Oregon State Hospital” or “OSH” or “hospital” means any campus of the Oregon State Hospital system providing inpatient care and/or treatment to individual who are 18 years or older whether the program where the individual is receiving care and/or treatment is licensed at hospital level of care or other licensed level of care . (19) “OSH Market” means an on-site retail establishment where patients, family members or friends who are visitors as defined in chapter 309 division 106 may purchase unrestricted items or authorized limited access items for the patient. (20) “OSH Staff” means OSH employees, contractors, interns, and volunteers who have direct or indirect contact with patients. (21) “Package” means any item sent by or received by a patient that does not meet the definition of mail, journalist mail, legal mail, or official mail. (a) “Authorized Package” means a package received by OSH for a patient that OSH has provided prior authorization for under these rules. (b) “Unauthorized Package” any package that is not an authorized package. (22) “Patient” means an individual who is 18 years of age or older and receiving care and/or treatment at OSH, whether the program where the individual is receiving care and/or treatment is licensed as hospital level of care or other licensed level of care. (23) “Patient Clothing” means an item worn to cover the patient’s body. (24) “Patient Property Room” means a designated area where patients may store personal property in a designated bin that cannot be stored in their room. (25) “Personal Bedding” means two pillows, one blanket or comforter, and one sheet set. (26) “Personal Property” means unrestricted items that belong to the patient that can be kept in the designated storage of the patient’s room or patient property room. (27) “Photocopy” means the copied image of incoming mail, including envelope, that replicates the content and the mail in in a format that accurately conveys the words or images on the original mail received. (28) “Prohibited Item” means: (a) Alcohol; (b) Possession of drugs in the patient’s room without authorization by OSH; (c) Any item that reasonably could be used to escape or leave the hospital without authorization; (d) Food stored in the patient room or in the patient’s storage in the patient property room; (e) Any item in the possession of a patient who is prohibited from possessing or using that item in their treatment care plan because it is considered detrimental to their treatment; (f) Excess personal property; (g) Any limited access item in the possession of a patient that exceeds the scope of the authorization or is not being supervised by OSH staff as required; or (h) Any item that could pose a safety or security risk for the hospital. (29) “Reading Materials” means a written or printed work consisting of pages glued or sewn together along one side and bound in covers, such as books, magazines, or periodicals. (30) “Reasonable Cause” means an OSH staff member has knowledge or notice of facts or circumstances and the rational inferences drawn therefrom that would lead a reasonable and experienced OSH staff member to come to a conclusion. (31) “Religious Item” means an item that is associated with the patient’s particular system of faith and worship. (32) “Safety” means protecting the patient and others from potential harm or preventing the patient from escaping or leaving without authorization, damaging state property, damaging the patient’s or another patient’s personal property, or committing or attempting to commit a crime. (33) “Scan” means to cause an object to be examined by a device that uses x-rays or electromagnetic waves for the purpose of detecting contraband. (34) “Security Reason” means protecting the patient from serious and immediate harm and protecting others from threats or harassment. (35) “Security Risk” means conditions that would pose a risk of harm to the patient, others, or to the hospital. (36) “Superintendent” means the executive head of the Oregon State Hospital systems or the Superintendent’s designee. (37) “Threat” means the patient’s expression of an intent to harm, cause alarm to, or intimidate another individual. (38) “Treatment Care Plan” means an individualized and comprehensive written plan of therapeutic interventions designed, in collaboration between the patient and their treatment team, to facilitate rehabilitation of psychiatric symptoms. (39) “Unauthorized Currency” means paper money and coins in the possession of a patient in an amount or in a location not authorized by OSH. (40) “Unrestricted Items” means any item that is not contraband and has been authorized by OSH for the patient’s use or possession. (41) “Weapon” means any item that can be used or modified to be used to harm the patient or others, including but not limited to guns, knives, improvised pointed or bladed instrument, and pepper spray. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.360 & 426.385 History: BHS 27-2024, amend filed 11/13/2024, effective 01/19/2025 BHS 21-2024, temporary amend filed 07/24/2024, effective 07/24/2024 through 01/19/2025 BHS 4-2024, amend filed 03/20/2024, effective 03/20/2024 BHS 40-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024 BHS 29-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 11-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHS 1-2012, f. & cert. ef. 2-9-12 MHS 8-2011(Temp), f. & cert. ef. 10-27-11 thru 4-20-12 MHS 5-2011, f. & cert. ef. 8-3-11 309-102-0120 Patient Rights Related to Mail and Packages (1) Except as limited in these rules, all patients at OSH must have the right to communicate freely by sending and receiving sealed mail. (2) All journalist mail, legal mail, official mail, or other mail may be sent or delivered by hand or via any parcel delivery service. (3) To aid OSH in identifying the type of patient mail, incoming and outgoing legal, journalist, or official mail must be clearly labeled on the outside of the envelope as legal, journalist, or official mail, and set apart from the return and mailing addresses for ease of recognition, and must be verifiable as legal, journalist, or official mail. (4) Patients may not receive unauthorized packages. (5) For safety and security reasons, patients, family members or friends who are visitors as defined in chapter 309, division 106 may only purchase items through the OSH Market, except the patient may purchase printer paper at cost from OSH. OSH will not profit from the sales from the OSH Market. (6) Except as otherwise provided in these rules, OSH must not: (a) Read or censor any patient’s incoming or outgoing journalist mail, legal mail or official mail. (b) Prevent, obstruct or delay a patient’s outgoing journalist mail, legal mail, official mail, mail or packages from being promptly mailed; or (c) Prevent, obstruct or delay a patient’s incoming journalist mail, legal mail, official mail or mail from being promptly delivered to the patient. (7) Except as required for treatment reasons, safety, or security reasons, or when mail is addressed to OSH, OSH staff having read or examined a patient’s journalist, legal, official or other mail must protect the patient’s confidentiality by refraining from discussions regarding it. (8) OSH may place a limit on the patient’s right to send or receive journalist mail, mail, or authorized packages if the limitation and the reasons for the limitation are stated in the patient’s written treatment care plan. OSH must inform the patient of that limitation. (9) At a patient’s request, OSH staff may assist the patient in reading their incoming or sending their outgoing mail, journalist, legal or official mail. The patient’s need for this assistance must first be documented in the patient’s treatment care plan. (10) OSH must provide patients with a reasonable amount of writing material. OSH must make stamps available for purchase by patients with funds. OSH will provide a reasonable number of stamps to patients without funds. (11) The exchange of electronic mail is an earned privilege and is related to the patient’s recent behaviors, current level of care and other privileges. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.360 & 426.385 History: BHS 27-2024, amend filed 11/13/2024, effective 01/19/2025 BHS 21-2024, temporary amend filed 07/24/2024, effective 07/24/2024 through 01/19/2025 BHS 4-2024, amend filed 03/20/2024, effective 03/20/2024 BHS 40-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024 BHS 29-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 11-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHS 1-2012, f. & cert. ef. 2-9-12 MHS 8-2011(Temp), f. & cert. ef. 10-27-11 thru 4-20-12 MHS 5-2011, f. & cert. ef. 8-3-11 309-102-0130 Handling of Patients’ Journalist Mail, Legal Mail, Official Mail, Mail & Packages (1) When a patient receives an authorized package, OSH may open and search it for contraband, including but not limited to prohibited items, even if there is no reasonable cause to believe that it may contain such an item. Authorized packages may be opened outside of the patient’s presence. (2) Unauthorized packages will not be accepted by OSH. OSH may return the package to sender, conduct a search of the package for safety or security reasons, request that it be accepted by law enforcement, or dispose of it in the presence of two OSH staff members. OSH must document the action taken. (3) OSH may scan any incoming and outgoing sealed mail, journalist, legal, and official mail, or packages with non-invasive technology (e.g., metal detector, x-ray) for contraband. (4) OSH may open, search, and photocopy patient mail other than legal, journalist, and official mail, outside the patient’s presence, even where there is no reasonable cause to believe that it may contain contraband. (a) When OSH photocopies patient mail, it must provide a photocopy of the original mail to the patient and retain the original mail in a locked and secured room. (b) If the original mail contains contraband, OSH will follow the procedures in sections (7) and (8) of this rule. (c) Upon a patient’s discharge, OSH must return any original mail except mail that has been identified and disposed of as contraband pursuant to the procedures in section (7) of this rule. (5) OSH may open and search legal, journalist and official mail for contraband in the presence of the patient even when there is no reasonable cause to believe it may contain contraband. (a) If the legal, journalist, or official mail does not contain contraband, the patient may retain the original. (b) If the legal, journalist, or official mail contains any item that poses a safety or security risk, including but not limited to controlled substances, drug paraphernalia, weapons, or any item that could be used as an instrumentality of escape, OSH will follow the procedures in section (7) of this rule. (6) After searching a patient’s mail, journalist, legal, or official mail, or package under this rule and a prohibited item is found inside, then OSH may: (a) Store the item as excess personal property; (b) Provide the item to a designated person pursuant to OAR 309-108-0010(3); (c) Dispose of any prohibited items that may pose a safety or security risk. Disposal must be documented and must be witnessed by two OSH staff members; and/or (d) Give the patient any unrestricted item. (7) After searching a patient’s mail, journalist, legal, or official mail, or package under this rule and controlled substances, drug paraphernalia, weapons, or any item that could be used as an instrumentality of escape are found inside or there is reasonable cause to believe that one of those items has been found, then OSH must: (a) Create a chain of custody and hold the mail, journalist, legal, or official mail, or package mail from a protection and advocacy group under ORS 192.517 or package in a secure area; (b) Contact law enforcement and turn over the controlled substances, drug paraphernalia, or weapons if law enforcement is willing to accept the item(s), and document the action taken; (A) If law enforcement declines to investigate further or accept the controlled substances, drug paraphernalia, or weapons, then dispose of the controlled substances, drug paraphernalia, or weapons in the presence of at least two OSH staff and document the action taken. (B) If law enforcement declines to investigate further or accept the rest of the contents of the mail, journalist, legal or official mail, or package, give the patient any unrestricted items, and dispose of any prohibited item as set out in paragraph (7) of this rule. (8) After searching a patient’s mail, journalist, legal, or official mail, or package under this rule and drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, or unauthorized currency are found inside, OSH must: (a) Follow the process in section (6) of this rule, if OSH does not have good faith belief that the drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, or the unauthorized currency are evidence of a crime or attempted crime; or (b) Follow the process in section (7) of this rule if OSH has a good faith belief that the drugs not prescribed to the patient, drugs not prescribed or authorized by OSH, or the unauthorized currency are evidence of a crime or attempted crime. (9) OSH must inform the patient of any incoming or outgoing mail, journalist, legal, or official mail, or package found to contain contraband (including prohibited items) was opened unless OSH has a good faith belief that the notification may: (a) Increase the risk to the safety or security of OSH; or (b) Impact an ongoing criminal investigation or proceeding. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.360 & 426.385 History: BHS 27-2024, amend filed 11/13/2024, effective 01/19/2025 BHS 21-2024, temporary amend filed 07/24/2024, effective 07/24/2024 through 01/19/2025 BHS 4-2024, amend filed 03/20/2024, effective 03/20/2024 BHS 40-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024 BHS 29-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 11-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHS 1-2012, f. & cert. ef. 2-9-12 MHS 8-2011(Temp), f. & cert. ef. 10-27-11 thru 4-20-12 MHS 5-2011, f. & cert. ef. 8-3-11 309-102-0140 Disposition of Mail Retained or Delivered To Patient (1) If a package or mail, including journalist, legal or official mail, is opened, OSH staff must not read or further inspect any unrestricted items, except if patient’s treatment plan contains a restriction for certain mail. (2) Any item retained from a patient’s mail, journalist, legal, or official mail, or package must be clearly marked to identify, at minimum, the date of the inspection and retention, the patient’s name, the name and address of the sender, a description of the held or disposed items, and both the printed name and the signature of the OSH staff member conducting the process. The item must then be handled as provided in these rules and OAR chapter 309, division 108. (3) When any item is confiscated by a law enforcement agency, each part of the process must be documented in the patient’s chart with, at minimum, the date of inspection and confiscation, the patient’s name, the name and address of the sender, a description of the confiscated item or items, and both the printed name and the signature of the OSH staff member who witnessed the law enforcement’s confiscation. (4) All documentation related to any held item must be in writing and kept in the patient’s chart. OSH security staff must also retain written documentation related to any held item. Patient must receive a legible copy of each document, unless OSH has good cause to believe that providing a copy of the documentation would: (a) Increase the risk to the safety or security of OSH; or (b) Impact an ongoing criminal investigation or proceeding. Statutory/Other Authority: ORS 179.040, 413.042 & ORS 179.360 Statutes/Other Implemented: ORS 179.360 & 426.385 History: BHS 27-2024, amend filed 11/13/2024, effective 01/19/2025 BHS 21-2024, temporary amend filed 07/24/2024, effective 07/24/2024 through 01/19/2025 BHS 4-2024, amend filed 03/20/2024, effective 03/20/2024 BHS 40-2023, temporary amend filed 10/09/2023, effective 10/09/2023 through 04/05/2024 BHS 29-2022, amend filed 12/23/2022, effective 12/23/2022 BHS 11-2022, temporary amend filed 07/05/2022, effective 07/05/2022 through 12/31/2022 MHS 1-2012, f. & cert. ef. 2-9-12 MHS 8-2011(Temp), f. & cert. ef. 10-27-11 thru 4-20-12 MHS 5-2011, f. & cert. ef. 8-3-11