Oregon Revised Statutes
As used in this chapter: “Outpatient service” means: A program or service providing treatment by appointment and by: Physicians licensed under ORS 677.100 to 677.228; Psychologists licensed by the Oregon Board of Psychology under ORS 675.010 to 675.150; Nurse practitioners licensed by the Oregon State Board of Nursing under ORS 678.010 to 678.415; Regu…
MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES
Subject to ORS 417.300 and 417.305: The Department of Human Services shall directly or through contracts with private entities, counties under ORS 430.620 or other public entities: Direct, promote, correlate and coordinate all the activities, duties and direct services for persons with developmental disabilities. Promote, correlate and coordinate the deve…
The enumeration of duties, functions and powers under ORS 430.021 shall not be deemed exclusive nor construed as a limitation on the powers and authority vested in the Department of Human Services or the Oregon Health Authority by other provisions of law.
The Oregon Health Authority shall adopt policies that support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services. The policies shall be designed to remove barriers that: Segregate persons with disabilities from full participation in the community in the most integrated setting in…
As used in this section and ORS 430.075, “consumer” means a person who has received or is receiving mental health, addiction or substance use disorder services. Consistent with the principles embodied in ORS 430.071 to support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services, t…
Subject to the limitations in subsection (2) of this section, at least 20 percent of the membership of all task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109, shall be consumers, with representation balanced by age. Subsection (1) of this section applies only to task forces, commissions, advisory…
The Oregon Health Authority shall adopt rules to implement ORS 430.071 to 430.075. Note: See note under 430.071.
The Oregon Health Authority is designated as the state agency to apply to and receive from the federal government or any agency thereof such grants for promoting mental health, including grants for mental hygiene programs, as may be available to this state or any of its political subdivisions or agencies. For the purposes of subsection (1) of this section, …
All funds allotted to the state by the Surgeon General, the Treasury Department, or other agency of the United States for the construction and operation of community facilities in carrying out the state plan for the promotion of mental health or developmental disability services, shall be deposited with the State Treasurer and shall be credited to a special …
The Oregon Health Authority may prescribe fee schedules for any of the programs that it establishes and operates under ORS 430.265, 430.306 to 430.375, 430.405, 430.415 and 430.850 to 430.880. The fees shall be charged and collected by the authority in the same manner as charges are collected under ORS 179.610 to 179.770. When the authority acts under this s…
The Department of Human Services may receive funds that are the property of the department’s clients or are contributed for the use of the department’s clients. The department shall deposit such funds in trust accounts established under ORS 293.445. Interest earned by a trust account shall be credited to the account. The Oregon Health Authority may receive …
The Mental Health Services Fund is established in the State Treasury, separate and distinct from the General Fund. The Mental Health Services Fund comprises moneys collected or received by the Oregon Health Authority, the Department of Human Services and the Department of Corrections under ORS 179.640, 426.313 and 430.165. The moneys in the fund are continuo…
As used in this section and ORS 430.210: “Facility” means any of the following that are licensed or certified by the Oregon Health Authority or that contract with the authority for the provision of services: A health care facility as defined in ORS 442.015; A domiciliary care facility as defined in ORS 443.205; A residential facility as defined in ORS 44…
While receiving services, every person shall have the right to: Choose from available services those that are appropriate, consistent with the plan developed in accordance with paragraphs (b) and (c) of this subsection and provided in a setting and under conditions that are least restrictive to the person’s liberty, that are least intrusive to the person an…
The Department of Human Services shall establish a process by rule that implements the reconnection of family members with an individual with a developmental disability as defined in ORS 427.005. The rules adopted under subsection (1) of this section shall include a process that provides guidance for the release of information about the individual to family…
The Department of Human Services shall be responsible for planning, policy development, administration and delivery of services to children with developmental disabilities and their families. Services to children with developmental disabilities may include, but are not limited to, case management, family support, crisis and diversion services, intensive in-h…
The Department of Human Services shall report to each odd-numbered year regular session of the Legislative Assembly: On the safety of individuals receiving developmental disability services including, but not limited to: The average turnover of direct care workers in service settings. A summary of the training provided by the department or its contractors…
A public body, as defined in ORS 174.109, a community mental health program, a licensed medical provider or other certified or licensed practitioner, an education provider or a coordinated care organization may not deny any individual access to mental health assessment, treatment or services on the basis that the individual also has an intellectual or develo…
SUBSTANCE USE PREVENTION AND TREATMENT (Alcohol and Drug Policy Commission)
The Governor shall appoint a Director of the Alcohol and Drug Policy Commission who shall serve at the pleasure of the Governor and be responsible for the dissemination and implementation of the Alcohol and Drug Policy Commission’s policies and the performance of the commission’s duties, functions and powers. The director shall be paid a salary as provided …
As used in this section and ORS 430.220 and 430.223: “Participating state agency” means the Department of Corrections, the Department of Human Services, the Oregon Health Authority, the Department of Education, the Oregon Criminal Justice Commission, the Oregon State Police, the Oregon Youth Authority, the Department of Consumer and Business Services, the H…
For purposes of this section, “program” means a substance use prevention, substance use disorder treatment or recovery support services program that receives state funds or state-administered funds. The Alcohol and Drug Policy Commission established under ORS 430.221 shall develop a comprehensive substance use prevention, substance use disorder treatment an…
The Alcohol and Drug Policy Commission, in collaboration with the Oregon Health and Science University, shall provide education and technical assistance to providers of youth substance use disorder treatment and early intervention. [2025 c.507 §2] Note: 430.225 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapt…
As used in this section and ORS 430.231, 430.238 and 430.243: “Comprehensive community supports and services” includes: Community-based mental health or substance use disorder treatment programs; Community restoration services as defined in ORS 161.355; Evidence-based and tribal-based programs designed to reduce hospital and jail utilization by target po…
The Improving People’s Access to Community-based Treatment, Supports and Services Program is established in recognition of the shortage of comprehensive community supports and services for individuals with mental health or substance use disorders, leading to their involvement with the criminal justice system, hospitalizations and institutional placements. Th…
The Improving People’s Access to Community-based Treatment, Supports and Services Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out ORS 430.231. Note: The amendments to 430.233 by section …
Note: 430.234 is repealed July 1, 2026. The repeal applies to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 19, 50 and 51, chapter 557, Oregon Laws 2025. 430.234, including amendments by section 79, chapter 70, Oregon Laws 2024, is set forth for the user’s convenience. 430.23…
Note: 430.235 is repealed July 1, 2026. The repeal applies to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 19, 50 and 51, chapter 557, Oregon Laws 2025. 430.235 (2023 Edition) is set forth for the user’s convenience. 430.235 Grant Review Committee; approval and distribution …
Note: 430.236 is repealed July 1, 2026. The repeal applies to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 19, 50 and 51, chapter 557, Oregon Laws 2025. 430.236 (2023 Edition) is set forth for the user’s convenience. 430.236 Establishment of quality improvement subcommittee;…
The Oregon Criminal Justice Commission shall administer a program in which Oregon counties, Oregon’s federally recognized Indian tribes or regional consortia of counties or Indian tribes may apply to the commission for state funds for the investments made by the counties, Indian tribes or consortia in comprehensive community supports and services for the tar…
The Oregon Criminal Justice Commission and the Oregon Health Authority may work together to include coordinated care organizations in the Improving People’s Access to Community-based Treatment, Supports and Services Program, as permitted by state and federal law, in a way that provides incentives for coordinated care organizations to provide comprehensive co…
The Oregon Criminal Justice Commission shall annually submit a report, in the manner provided in ORS 192.245, on the outcome measures or the results of evaluations of the Improving People’s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231 to the interim committees of the Legislative Assembly related to health and …
(Prevention, Intervention, Treatment and Recovery)
The Oregon Health Authority shall develop treatment programs, meeting minimum standards adopted pursuant to ORS 430.357, to assist drug-dependent persons to become persons who are able to live healthy and productive lives without the use of any natural or synthetic opiates. Note: 430.254 was enacted into law by the Legislative Assembly but was not added to …
The Director of the Oregon Health Authority shall administer alcohol and drug abuse programs, including but not limited to programs or components of programs described in ORS 430.397 to 430.401 and 475.225 and ORS chapters 430 and 801 to 822. Subject to ORS 417.300 and 417.305, the director shall: Report to the Alcohol and Drug Policy Commission on accompl…
The Oregon Health Authority shall maintain a registry of sobering facilities. To be registered, a sobering facility shall send a written request to the Director of the Oregon Health Authority by certified mail, return receipt requested. The written request must include the name and address of the sobering facility and a statement signed by an authorized rep…
As used in this section, “facility” means a: Sobering facility registered under ORS 430.262; or Facility licensed, certified or otherwise authorized by a public body to provide detoxification services for substance use. Notwithstanding ORS 689.800, upon the discharge or release of an individual, a facility shall provide to the individual at least two dose…
The Oregon Health Authority is authorized to contract with the federal government for services to alcohol and drug-dependent persons who are either residents or nonresidents of the State of Oregon.
The Oregon Health Authority shall take such means as it considers most effective to bring to the attention of the general public, employers, the professional community and particularly the youth of the state, the harmful effects to the individual and society of the irresponsible use of alcoholic beverages, controlled substances and other chemicals, and subst…
For purposes of this section, “inhalant” has the meaning given that term in ORS 167.808. The Director of the Oregon Health Authority shall develop education resources focusing on the problem of inhalant abuse by minors. The director shall ensure that special emphasis is placed on the education of parents about the risks of inhalant use. The director shall d…
The Oregon Health Authority shall: Establish programs that are peer and community driven that ensure access to culturally specific and culturally responsive behavioral health services for people of color, tribal communities and people of lived experience. Provide medical assistance reimbursement for tribal-based practices. Note: 430.274 and 430.278 were e…
As used in this section: “Peer respite services” means voluntary, nonclinical, short-term residential peer support provided: In a homelike setting to individuals with mental illness or trauma response symptoms who are experiencing acute distress, anxiety or emotional pain that may lead to the need for a higher level of care such as psychiatric inpatient ho…
The Oregon Health Authority shall continually evaluate and revise administrative rules governing behavioral health programs and services to reduce the administrative burden of documentation, particularly around assessment and treatment planning, the measures and outcomes tracking system or successor systems and other reporting required for providers seeking …
As used in ORS 430.262, 430.315, 430.335, 430.342, 430.397, 430.399, 430.401, 430.402, 430.420 and 430.630, unless the context requires otherwise: “Alcoholic” means any person who has lost the ability to control the use of alcoholic beverages, or who uses alcoholic beverages to the extent that the health of the person or that of others is substantially impa…
The Legislative Assembly finds alcoholism or drug dependence is an illness. The alcoholic or drug-dependent person is ill and should be afforded treatment for that illness. To the greatest extent possible, the least costly settings for treatment, outpatient services and residential facilities shall be widely available and utilized except when contraindicated…
In accordance with the policies, priorities and standards established by the Alcohol and Drug Policy Commission under ORS 430.223, and subject to the availability of funds therefor, the Oregon Health Authority may: Provide directly through publicly operated treatment facilities, which shall not be considered to be state institutions, or by contract with pub…
The purposes of ORS 430.338 to 430.380 are: To encourage local units of government to provide treatment and rehabilitation services to persons suffering from alcoholism; To foster sound local planning to address the problem of alcoholism and its social consequences; To promote a variety of treatment and rehabilitation services for alcoholics designed to m…
The governing body of each county or combination of counties in a mental health administrative area, as designated by the Alcohol and Drug Policy Commission, shall: Appoint a local planning committee for alcohol and drug prevention and treatment services; or Designate an already existing body to act as the local planning committee for alcohol and drug prev…
Upon application therefor, the Oregon Health Authority may make grants from funds specifically appropriated for the purposes of carrying out ORS 430.338 to 430.380 to any applicant for the establishment, operation and maintenance of alcohol and drug abuse prevention, early intervention and treatment services. When necessary, a portion of the appropriated fun…
As used in ORS 430.345 to 430.380: “Applicant” means a county or combination of counties. “Minorities” means persons who are: Black Americans or persons having origins in any of the black racial groups of Africa. Hispanic Americans or persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race…
Every applicant for a grant made under ORS 430.345 to 430.380 shall be assisted in the preparation and development of alcohol and drug abuse prevention, early intervention and treatment services by the local planning committee operating in the area to which the application relates. Every application shall establish to the satisfaction of the Oregon Health Au…
An application for funds under ORS 430.345 to 430.380 may contain requests for funds to establish, operate and maintain any number of alcohol and drug abuse prevention, early intervention and treatment services.
The Oregon Health Authority shall adopt rules to implement ORS 430.338 to 430.380 and to establish minimum standards for alcohol and drug prevention and treatment programs in accordance with the comprehensive substance use prevention, substance use disorder treatment and recovery support services plan developed by the Alcohol and Drug Policy Commission under…
Rules adopted by the Oregon Health Authority, in accordance with ORS 430.357, establishing requirements for the approval of an opioid treatment center to operate in this state must include a requirement that an opioid treatment center accept Medicare payments as reimbursement for the cost of covered services provided by the center. Note: 430.358 was enacted…
Upon approval of an application, the Oregon Health Authority shall enter into a matching fund relationship with the applicant. In all cases the amount granted by the authority under the matching formula shall not exceed 50 percent of the total estimated costs, as approved by the authority, of the alcohol and drug abuse prevention, early intervention and trea…
To receive priority consideration under ORS 430.359 (2), an applicant shall clearly set forth in its application: The number of minorities within the county with significant populations of affected persons and an estimate of the nature and extent of the need within each minority population for alcohol and drug abuse prevention, early intervention and treatm…
Within the limits of available funds, in giving priority consideration under ORS 430.359 (2), the Oregon Health Authority shall: Identify all applications containing funding proposals for minority programs and assess the extent to which such funding proposals address the needs of minorities as stated in ORS 430.362, adjusting such amounts as it deems justif…
Every proposal for alcohol and drug abuse prevention, early intervention and treatment services received from an applicant shall contain: A clear statement of the goals and objectives of the program for the following fiscal year, including the number of persons to be served and methods of measuring the success of services rendered; A description of service…
Any alcohol and drug abuse prevention, early intervention and treatment service, including but not limited to minority programs, aggrieved by any final action of an applicant with regard to requesting funding for the program from the Oregon Health Authority, may appeal the applicant’s action to the Director of the Oregon Health Authority within 30 days of th…
A county may provide alcohol and drug abuse prevention, early intervention and treatment services by contracting therefor with public or private, profit or nonprofit agencies. A county entering into such a contract shall receive grants under ORS 430.345 to 430.380 only if the contracting agency meets the requirements of ORS 430.345 or is a sobering facility …
The Oregon Health Authority shall recommend fee schedules to be used in determining the dollar fee to charge a person admitted to approved alcohol and drug abuse prevention, early intervention and treatment services for the expenses incurred by the service in offering alcohol and drug abuse prevention, early intervention and treatment services. An individual…
There is established in the General Fund of the State Treasury an account to be known as the Mental Health Alcoholism and Drug Services Account. Moneys deposited in the account are continuously appropriated for the purposes of ORS 430.345 to 430.380 and to provide funding for sobering facilities registered under ORS 430.262. Moneys deposited in the account m…
Nothing in ORS 430.347, 430.359, 430.380, 471.805, 471.810, 473.030 or this section shall be construed as justification for a reduction in General Fund support of local alcohol and drug abuse prevention, early intervention and treatment services. [Formerly 430.385] (Temporary provisions relating to Opioid Settlement Prevention, Treatment and Recovery Fund) …
The people of Oregon find that drug addiction and overdoses are a serious problem in Oregon and that Oregon needs to expand access to drug treatment. The people of Oregon further find that a health-based approach to addiction and overdose is more effective, humane and cost-effective than criminal punishments. Making people criminals because they suffer from…
The Drug Treatment and Recovery Services Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Drug Treatment and Recovery Services Fund shall be credited to the fund. The Drug Treatment and Recovery Services Fund shall consist of: Moneys appropriated or otherwise transferred to the fund by the Legis…
Moneys transferred to the Drug Treatment and Recovery Services Fund and distributed pursuant to ORS 430.389 shall, to the maximum extent consistent with law, be in addition to and not in replacement of any existing allocations or appropriations for the purposes of providing substance use disorder treatment, peer support and recovery services, transitional, s…
The Oregon Health Authority shall cause the moneys in the Drug Treatment and Recovery Services Fund to be distributed as follows: An amount necessary for the administration of ORS 430.388 to 430.390. After the distribution set forth in subsection (1) of this section, the remaining moneys in the fund shall be distributed to the grants program as set forth i…
The Oversight and Accountability Council is established for the purpose of advising the Oregon Health Authority on the grant program described in ORS 430.389, including but not limited to advising the authority on: Funding priorities; Funding distribution; and An educational campaign to increase awareness of services. The members of the council shall be …
The Oregon Health Authority shall administer, in consultation with the Oversight and Accountability Council, a grant program to implement Behavioral Health Resource Networks and increase statewide access to and awareness of the services described in subsection (2)(e) of this section. A Behavioral Health Resource Network is an entity or collection of entities…
The Oregon Health Authority shall adopt rules that establish: A grant application process and general criteria and requirements for the Behavioral Health Resource Networks and the grants and funding required by ORS 430.389, including rules requiring recipients of grants and funding to collect and report information necessary for the Secretary of State to co…
The Division of Audits of the office of the Secretary of State shall conduct performance audits and financial reviews as provided in this section, regarding the uses of the Drug Treatment and Recovery Services Fund and the effectiveness of the fund in achieving the purposes of the fund and the policy objectives of ORS 430.383. Recipients of grants or funds u…
No later than January 1, 2022, and at the beginning of each calendar quarter thereafter, the Oregon Health Authority shall report to the Legislative Assembly, in the manner provided in ORS 192.245, how funds from the Drug Treatment and Recovery Services Fund were spent in the preceding calendar quarter. Note: 430.393 was enacted into law by the Legislative …
The Oregon Health Authority may implement an education campaign to inform the public about the availability of Behavioral Health Resource Networks and any other information the authority believes would benefit the public in accessing behavioral health services. Note: See note under 430.383.
(Miscellaneous)
Any person may voluntarily apply for admission to any treatment facility operated pursuant to rules of the Oregon Health Authority. The director of the treatment facility shall determine whether the person shall be admitted as a patient, or referred to another appropriate treatment facility or denied referral or admission. If the person is under 18 years of …
Any person who is intoxicated or under the influence of controlled substances in a public place may be sent home or taken to a sobering facility or to an appropriate facility by a police officer or a member of a mobile crisis intervention team as defined in ORS 430.626. If the person is incapacitated, the person shall be taken by the police officer or team m…
A police officer, person acting under the authority of a mobile crisis intervention team as defined in ORS 430.626, physician, naturopathic physician, physician associate, nurse practitioner, judge, treatment facility, treatment facility staff member or sobering facility, or the staff of the sobering facility, may not be held criminally or civilly liable for…
A political subdivision in this state shall not adopt or enforce any local law or regulation that makes any of the following an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind: Public intoxication. Public drinking, except as to places where any consumption of alcoholic beverages is generally prohibited. Drunk an…
As used in ORS 430.415, “drug-dependent person” means one who has lost the ability to control the use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function o…
The Legislative Assembly finds drug dependence is an illness. The drug-dependent person is ill and shall be afforded treatment for the illness of the drug-dependent person. DRUG TREATMENT FOR OFFENDERS
In collaboration with local seizing agencies, the district attorney, the local public safety coordinating council and the local mental health advisory committee, a local planning committee appointed or designated pursuant to ORS 430.342 shall develop a plan to integrate drug treatment services, meeting minimum standards established pursuant to ORS 430.357, i…
The Drug Prevention and Education Fund is established separate and distinct from the General Fund. The Drug Prevention and Education Fund consists of moneys deposited in the fund under ORS 131.597 and 430.426, and other moneys as may be appropriated to the fund by law. The moneys in the Drug Prevention and Education Fund are continuously appropriated to the …
Consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the Oregon Health Authority shall distribute moneys in the Drug Prevention and Education Fund established in ORS 430.422 based on a review of the plans submitted to the office under ORS 430.420. Funding criteria include, but need not be limited to, whether the pla…
The Oregon Health Authority shall adopt rules necessary to carry out the provisions of ORS 430.420 to 430.426. The authority may accept gifts, grants and donations from any source, public or private. Moneys accepted under this section must be deposited in the Drug Prevention and Education Fund to be used for the purposes for which the fund is established. …
As used in this section, “deflection program” means a collaborative program between law enforcement agencies and behavioral health entities or community-based social service organizations that assists individuals who may have substance use disorder, another behavioral health disorder or co-occurring disorders, and who often have other service needs, to creat…
The Oregon Criminal Justice Commission shall monitor the progress of and evaluate program outcomes for applicants that receive grant funds as part of the Oregon Behavioral Health Deflection Program established under ORS 430.430. Beginning no later than November 1, 2025, the commission shall annually report, in the manner described in ORS 192.245, the findin…
The Oregon Behavioral Health Deflection Program Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out the provisions of ORS 430.430 and 430.432. Note: 430.434 was enacted into law by the Legis…
As used in ORS 430.450 to 430.555, unless the context requires otherwise: “Authority” means the Oregon Health Authority. “Community diversion plan” means a system of services approved and monitored by the Oregon Health Authority in accordance with approved county mental health plans, which may include but need not be limited to, medical, educational, vocat…
When a person is arrested for violation of the criminal statutes of this state which do not involve crimes of violence against another person, and the officer or person making the arrest has reasonable grounds for believing the arrested individual is a drug-dependent person, the officer or person making the arrest may: Fully inform the arrested person of th…
Upon obtaining the written consent of the arrested person, the officer or person making the arrest shall request an approved site to conduct an evaluation to determine whether the arrested person is drug dependent. Refusal of the arrested person to consent to the evaluation is not admissible in evidence upon the trial of the arrested person.
A defendant may be informed of the rights of the defendant to evaluation and, upon giving written consent, may be referred for such evaluation at any time prior to conviction for the offense for which the defendant is charged, notwithstanding prior refusal to submit to evaluation. The procedures stipulated in ORS 430.455 and 430.460 shall be followed wheneve…
In the event that an officer or person making the arrest fails to inform the person arrested of the right to evaluation, and possible diversion, within 24 hours from the time of booking, an officer of the court or diversion coordinator may do so. At the time of arraignment, the judge shall inform the defendant of the rights described in ORS 430.455.
The results of the evaluation of an arrested person suspected of being drug dependent shall be made available to the prosecuting and defense attorneys and the presiding judge for the judicial district, but shall not be entered into evidence in any subsequent trial of the accused except upon written consent of the accused or upon a finding by the court that t…
Nothing in ORS 430.450 to 430.555 is intended to limit the introduction of other evidence bearing upon the question of whether or not a person is using or is under the influence of cannabis or controlled substances.
When the results of the evaluation obtained under ORS 430.460 or 430.465 indicate that the defendant is a drug-dependent person within the meaning of ORS 430.450 to 430.555, and the results of the evaluation indicate that such person may benefit in a substantial manner from treatment for drug dependence, the prosecutor, with the concurrence of the court, may…
Prior to the initiation of diversion, the local diversion coordinator shall submit an individual diversion plan for the defendant. Upon approval of the plan by the prosecutor and the court, the person diverted shall be required to follow the diversion plan as a condition of continuance in treatment. The plan shall be entered into the record of the court. Pa…
The diversion plan shall include appropriate methods for monitoring the progress of the diverted individual toward the achievement of the defined treatment objectives. In the presence of counsel, the defendant shall review the terms of the individual diversion plan, including methods for monitoring progress, and execute a written statement indicating consent…
Upon successful completion of treatment, as outlined in the individual diversion plan, a request may be made to dismiss charges against the individual related to the offense for which diversion was initiated as an alternative to prosecution. When the prosecutor and the court have determined that the individual has successfully completed treatment, as outlin…
If a person is diverted after conviction, but prior to sentencing, the court may order expunction from the record of the verdict of the court and all proceedings incident thereto upon successful completion of the diversion plan and a post-treatment period of three years, provided there have been no new convictions for misdemeanor or felony offenses.
If treatment under ORS 430.450 to 430.555 is unsuccessful, the prosecuting attorney and the court shall be notified before the defendant is released from treatment. After such notice the prosecution may be resumed. If the person has been convicted of the offense for which the person has been arrested, the court may proceed to impose sentence, which shall tak…
Termination of treatment under ORS 430.450 to 430.555 may be instituted at any time by either the prosecutor, the director of the treatment facility, the court or the person diverted into treatment. An order to terminate treatment shall be based upon a finding of substantial violation of the diversion plan or upon a showing to the satisfaction of the court t…
(Administration)
The Oregon Health Authority shall, subject to the availability of funds, develop bilingual forms to assist non-English-speaking persons in understanding their rights under ORS 430.450 to 430.555. The authority shall assist county mental health programs in the development of comprehensive and coordinated identification, evaluation, treatment, education and r…
The county mental health program director shall designate sites for evaluation in the county plan of individuals who may be or are known to be drug dependent. The Oregon Health Authority shall establish standards for such sites, consistent with ORS 430.357, and periodically publish a list of approved sites. The costs of evaluation shall be borne by the coun…
Evaluation sites provided for under ORS 430.450 to 430.555 shall conduct such procedures as may be necessary to determine if an individual is a drug-dependent person. A person shall be evaluated only with that person’s written consent. Subject to approval of the Oregon Health Authority, the director of a treatment facility or the director of an evaluation si…
A person, otherwise eligible, may not be denied evaluation or treatment under ORS 430.450 to 430.555 on account of the person’s race, religion, sex, sexual orientation, gender identity, nationality, age or ability to pay.
Liability for violation of civil rights under ORS 430.450 to 430.555 or injuries to a person participating in a diversion program or caused by a person in a diversion program under ORS 430.450 to 430.555 shall, except in the case of gross negligence, be borne by the county making the arrest and the state in equal shares, and shall not extend to persons admin…
The Oregon Health Authority shall adopt rules to establish requirements, in accordance with ORS 430.357, for drug treatment programs that contract with the authority and that involve: Detoxification; Detoxification with acupuncture and counseling; and The supplying of synthetic opiates to such persons under close supervision and control. However, the supp…
The provisions of any law restricting the use, possession, control or administration of a controlled substance shall not apply to any physician, pharmacist or other person while participating in the program authorized by ORS 430.560 (1)(c) so long as the physician, pharmacist or other person complies with provisions of ORS 430.560 and this section and the ru…
The Oregon Health Authority shall cause information concerning the usefulness and feasibility of opiate inhibitors to be made available to persons involved in administering diversion programs, corrections programs and other programs for drug dependent persons.
The Oregon Health Authority shall develop and regularly update a web-based, searchable inventory of the following: Each opioid and opiate abuse or dependency treatment provider located in this state; Treatment options offered by each opioid and opiate abuse or dependency treatment provider located in this state; and The maximum capacity of each opioid and…
In developing the inventory required by ORS 430.572, the Oregon Health Authority shall analyze the data to determine whether identifiable geographic regions have insufficient treatment options for, or capacity to treat individuals suffering from, opioid or opiate abuse or dependency. Not later than September 15 of each year, the authority shall report to th…
It is unlawful for any person to commence operating a methadone clinic: Within 1,000 feet of the real property comprising an existing public or private elementary, secondary or career school attended primarily by minors; or Within 1,000 feet of the real property comprising an existing licensed child care facility. As used in this section, “licensed child c…
It is declared to be the policy and intent of the Legislative Assembly that: Subject to the availability of funds, services should be available to all persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are alcohol or drug abusers, regardless of age, county of residence or ability to pay;…
The county court or board of county commissioners, or its representatives designated by it for the purpose, of any county, on behalf of the county, may: By contract with and subject to the rules of the Department of Human Services, establish and operate, or contract with a public agency or private corporation for, a community developmental disabilities prog…
The 9-8-8 Trust Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the 9-8-8 Trust Fund shall be credited to the fund. The 9-8-8 Trust Fund consists of: Revenues from the 9-8-8 coordinated crisis services tax imposed under ORS 403.200 (1)(b); Appropriations made by the Legislative Assembly; Federal f…
As used in ORS 430.626 to 430.628: “Coordinated care organization” has the meaning given that term in ORS 414.025. “Crisis stabilization center” means a facility licensed by the Oregon Health Authority that meets the requirements adopted by the authority by rule under ORS 430.627. “Crisis stabilization services” includes diagnosis, stabilization, observat…
The purposes of ORS 430.626 to 430.628 are to build upon and improve the statewide coordinated crisis system in this state and to: Remove barriers to accessing quality behavioral health crisis services; Improve equity in behavioral health treatment and ensure culturally, linguistically and developmentally appropriate responses to individuals experiencing b…
In consultation with local community mental health programs, the Oregon Health Authority shall, to the extent funding is available, require each community mental health program to provide crisis stabilization services to individuals contacting the 9-8-8 suicide prevention and behavioral health crisis hotline who need crisis stabilization services in the comm…
The Oregon Health Authority shall establish an advisory committee in accordance with ORS 430.075 or assign tasks to existing agencies, boards or committees to provide primary oversight and direction on the implementation and operation of the statewide coordinated crisis system described in ORS 430.626 to 430.628 and to provide guidance to the authority, gath…
In addition to any other requirements that may be established by rule by the Oregon Health Authority, each community mental health program, subject to the availability of funds, shall provide guidance and assistance to local Behavioral Health Resource Networks for the joint development of programs and activities to increase access to treatment and shall prov…
As used in this section, “person with a disability” means any person who: Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such an impairment. If any local mental health program has an advisory committee, persons with disabilities and older adults…
The Oregon Health Authority may require a local mental health authority to periodically report to the Oregon Health Authority on the implementation of the comprehensive local plan adopted under ORS 430.630 (9). Note: 430.632 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legis…
In order to improve services to persons with mental or emotional disturbances and provide information for uniform analysis, each community mental health program shall collect and report data and evaluate programs in accordance with methods prescribed by the Oregon Health Authority after consultation with the program directors. Information collected by the a…
As used in this section: “Assessment” means an on-site quality assessment of an organizational provider that is conducted: If the provider has not been accredited by a national organization meeting the quality standards of the Oregon Health Authority; By the Oregon Health Authority, another state agency or a contractor on behalf of the authority or anothe…
A coordinated care organization, insurer or health care service contractor that relies in good faith on an assessment conducted according to the criteria adopted under ORS 430.637 shall be immune from civil liability that might otherwise be incurred or imposed. Note: See note under 430.637.
The Oregon Health Authority, in carrying out the legislative policy declared in ORS 430.610, subject to the availability of funds, shall: Assist Oregon counties and groups of Oregon counties in the establishment and financing of community mental health programs operated or contracted for by one or more counties. If a county declines to operate or contract …
The Behavioral Health Housing Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. The Behavioral Health Housing Incentive Fund consists of moneys deposited or transferred to the fund by the Legislative Assembly and moneys appropriated to the fund by the Legislative Assembly. Interest earned on the fund shall be c…
The Oregon Health Authority shall disburse moneys in the Behavioral Health Housing Incentive Fund established in ORS 430.641 to provide funding for: The development of community-based housing, including licensed residential treatment facilities, for individuals with mental illness and individuals with substance use disorders; and Crisis intervention servic…
Within the limits of available funds, community mental health programs shall provide those services as defined in ORS 430.630 (3)(a) to (h) to persons in the following order of priority: Those persons who, in accordance with the assessment of professionals in the field of mental health, are at immediate risk of hospitalization for the treatment of mental or…
In allocating funds for community mental health programs affecting persons with mental or emotional disturbances, the Oregon Health Authority shall observe the following priorities: To ensure the establishment and operation of community mental health programs for persons with mental or emotional disturbances in every geographic area of the state to provide …
Within the limits of state funds, community mental health program services shall be funded as follows: Services defined in ORS 430.630 (1) and (2) shall be funded up to 100 percent with state funds. State funds available for payments to community mental health programs for services under ORS 430.630 (3) shall be paid by the Oregon Health Authority to the p…
If the Oregon Health Authority uses a formula for allocating to counties moneys, and if the formula includes population as a factor in determining the amount of each allocation, the authority shall calculate the formula annually using the most current population data that is available. The authority shall use as the source of the population data required by…
The Oregon Health Authority, in consultation with counties and community mental health programs, shall conduct a study to determine the funding required for each community mental health program to provide the services and perform the functions required by law related to individuals with behavioral health disorders in the following age groups: Newborns throu…
(Developmental Disabilities Programs)
The Department of Human Services, in carrying out the legislative policy declared in ORS 427.007 and 430.610, subject to the availability of funds, shall: Use case management entities, including community developmental disabilities programs and support service brokerages, to provide case management services, using appropriate planning processes and implemen…
Each community developmental disabilities program and support service brokerage shall have a developmental disability advisory committee. A person with an intellectual or developmental disability who is served by a support service brokerage, and the person’s family members, shall have an opportunity for a formal, significant, continuing role in advising the…
(Contracting for Services)
A community developmental disabilities program may provide services by contracting with a public agency, private corporation or individual. All elements of service provided for in the contract shall be considered as a part of a community developmental disabilities program for all purposes of ORS 430.610 to 430.695. Contracts authorized by this section shall …
A county may impose only standards, requirements and conditions for mental health or developmental disabilities programs that are substantially similar to the standards, requirements and conditions established for such programs by the Department of Human Services or the Oregon Health Authority. When a county contracts with a public agency or private corpora…
When a dispute exists between a county and a community developmental disabilities program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Department of Human Services relating to department programs under this chapter, either party may request mediation under rules adopt…
(Miscellaneous)
In all cases where federal granted funds are involved, the federal laws, rules and regulations applicable thereto shall govern notwithstanding any provision to the contrary in ORS 430.610 to 430.695.
Any program fees, third-party reimbursements, contributions or funds from any source, except client resources applied toward the cost of care in group homes for persons with developmental disabilities or mental illness and client resources and third-party payments for community psychiatric inpatient care, received by a community mental health program or a co…
MENTAL HEALTH SERVICES FOR CHILDREN AND ADOLESCENTS
Notwithstanding ORS 430.640, the State of Oregon, through the Oregon Health Authority, may establish the necessary facilities and provide comprehensive mental health services for children throughout the state. These services may include, but need not be limited to: The prevention of mental illness, emotional disturbances and drug dependency in children; and…
The children’s mental health programs of the Oregon Health Authority shall address preventive services under ORS 430.630 (3)(L). The authority budget shall give high priority to such services. Note: 430.708 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See…
In accordance with ORS 430.357, and consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the Oregon Health Authority may fund regional centers for the treatment of adolescents with drug and alcohol dependencies. The authority shall define by rule a minimum number of inpatient beds and outpatient slots necessary for…
The Oregon Health Authority may contract for general hospital services and may provide or contract with public or private agencies or persons to provide child care and residential treatment programs to implement the objectives of ORS 430.705. The authority may also purchase or contract for specific services and supplies for treatment of individual children.
As used in this section: “Children and adolescents” means individuals 20 years old and younger. “Coordinated care organization” has the meaning given that term in ORS 414.025. “Insurer” means an insurer, as defined in ORS 731.106, that has a certificate of insurance to transact health insurance in this state, other than disability insurance. “Intensive b…
The Oregon Health Authority shall have authority to contract with private, nonprofit agencies and persons for receipt of grants-in-aid and other funds to be applied to child mental health service programs.
ABUSE REPORTING FOR ADULTS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES
The Department of Human Services or a designee of the department shall conduct the investigations and make the findings required by ORS 430.735 to 430.765. The department shall prescribe by rule policies and procedures for the investigations of allegations of abuse of a person with a developmental disability as described in ORS 430.735 (2)(a) to ensure that…
As used in ORS 430.735 to 430.765: “Abuse” means one or more of the following: Abandonment, including desertion or willful forsaking of an adult or the withdrawal or neglect of duties and obligations owed an adult by a caregiver or other person. Any physical injury to an adult caused by other than accidental means, or that appears to be at variance with t…
The Legislative Assembly finds that for the purpose of preventing abuse and safeguarding and enhancing the welfare of adults with mental illness or developmental disabilities, it is necessary and in the public interest to require mandatory reports and thorough and unbiased investigations of adults with mental illness or developmental disabilities who are all…
In the case of abuse of an adult, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an adult’s abuse, o…
The district attorney in each county shall be responsible for developing county multidisciplinary teams to consist of but not be limited to personnel from the community mental health program, the community developmental disabilities program, the Department of Human Services or a designee of the department, the Oregon Health Authority or a designee of the aut…
When a report is required under ORS 430.765, an oral report shall be made immediately by telephone or otherwise to the Department of Human Services, the designee of the department or a law enforcement agency within the county where the person making the report is at the time of contact. If known, the report shall include: The name, age and present location …
Upon receipt of any report of alleged abuse of an adult, or upon receipt of a report of a death of an adult that may have been caused by other than accidental or natural means, the Department of Human Services or its designee shall investigate promptly to determine if abuse occurred or whether a death was caused by abuse. If the department or its designee de…
Any designee of the Department of Human Services who makes a determination or conducts an investigation under ORS 430.743 or 430.745 shall receive training and consultation that is necessary to allow the designee to make the determination or conduct a thorough and unbiased investigation. The training required under this section shall address the cultural and…
In carrying out its duties under ORS 430.735 to 430.765, a law enforcement agency or the Department of Human Services’ designee may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of investigation unless the victim knowingly refuses to b…
Anyone participating in good faith in making a report of abuse pursuant to ORS 430.743 and 430.765 and who has reasonable grounds for making the report, shall have immunity from any criminal or civil liability that might otherwise be incurred or imposed with respect to the making or content of the report. The participant shall have the same immunity with res…
A facility, community program or person shall not retaliate against any person who reports in good faith suspected abuse or against the allegedly abused adult with respect to any report. Any facility, community program or person that retaliates against any person because of a report of suspected abuse shall be liable in a private action to that person for a…
A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services or a law enforcement agency to have committed abuse under ORS 430.735 to 430.765, is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse…
A proper record of all reports of abuse made under ORS 430.743 and 430.765 shall be maintained by the Department of Human Services. Note: See note under 430.735.
Notwithstanding the provisions of ORS 192.311 to 192.478, the names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection. However, the Department of Human Services shall make this inf…
Any public or private official who has reasonable cause to believe that any adult with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused an adult, shall report or cause a report to be made in the manner required in ORS 430.743. Nothing contained in ORS 40.225 to 40.295 affects the du…
When the Department of Human Services investigates a report of abuse under ORS 430.735 to 430.765 at a residential training home as defined in ORS 443.400 that is operated by the department or a report of abuse at a state hospital described in ORS 426.010, the department shall address in the written report of its findings whether the person alleged to be res…
MISCELLANEOUS BEHAVIORAL HEALTH PROVISIONS
As used in this section, “behavioral health employer” means: A residential treatment facility, as defined in ORS 443.400; A residential treatment home, as defined in ORS 443.400; A secure residential treatment facility, as described in ORS 443.465, unless the facility is located on an Oregon State Hospital campus or otherwise operated by the state; A sec…
The Oregon State University Extension Service shall oversee a project to accelerate the promotion of behavioral health in Oregon by: Convening local committees from across the behavioral health sector to develop a plan to promote behavioral health; Facilitating community conversations about mental health and substance use; and Contributing to any follow-u…
PROGRAM FOR PERSONS CONVICTED OF DRIVING UNDER INFLUENCE OF ALCOHOL; CRIMES COMMITTED WHILE INTOXICATED
Subject to the availability of funds therefor, the Oregon Health Authority may establish and administer a treatment program with courts, with the consent of the judge thereof, for any person convicted of driving under the influence of alcohol, or of any crime committed while the defendant was intoxicated when the judge has probable cause to believe the perso…
The Oregon Health Authority may: Accept for medical evaluation any person meeting the conditions defined in ORS 430.850 (2)(a) and referred for participation in the program by a participating court, cause such medical evaluation to be made and report the results of the evaluation to the referring court; Within the limitation of funds available to the progr…
The Oregon Health Authority shall adopt rules necessary to the efficient administration and functioning of the program and rules regulating the conduct of participants in the program. Rules regulating the conduct of participants in the program shall include but not be limited to rules requiring participants to keep appointments and the time, place and freque…
The Oregon Health Authority may accept gifts and apply for and accept grants or services from the federal government or any of its agencies, from associations, individuals and private corporations to carry out the purposes of ORS 430.850 to 430.880. All moneys received by the authority under ORS 430.850 to 430.880 shall be paid into the State Treasury and d…
SUBSTANCE USE DISORDER TREATMENT DURING PREGNANCY
As used in ORS 430.900 to 430.930, “substance” has the meaning of “controlled substance” as defined in ORS 475.005 and includes alcoholic beverages or other substances with abuse potential.
The Legislative Assembly declares: Because the growing numbers of pregnant substance users and drug- and alcohol-affected infants place a heavy financial burden on Oregon’s taxpayers and those who pay for health care, it is the policy of this state to take effective action that will minimize these costs. Special attention must be focused on preventive prog…
If during routine pregnancy or prenatal care, the attending health care provider determines that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, or the patient admits such use to the provider, it is the policy of this state that the provider encourage and facilitate counseling, drug therapy and other assistance to the pati…
The attending health care provider shall perform during the first trimester of pregnancy or as early as possible a risk assessment which shall include an assessment for drug and alcohol usage. If the results of the assessment indicate that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, the provider shall tell the patient …
The Oregon Health and Science University shall have an integrated curriculum in the medical school to teach medical students drug and alcohol abuse assessment and treatment procedures and practices.
The Oregon Health Authority and the Oregon Health and Science University shall develop a standardized screening instrument designed to identify the use of substances during pregnancy. The authority and the Oregon Health and Science University shall request the boards responsible for the licensing of health care providers and appropriate professional organiz…