Chapter 430 — Mental and Behavioral Health Treatment; Developmental Disabilities

ORS 430.590 Regulation of location of methadone clinic; enforcement

(1)

It is unlawful for any person to commence operating a methadone clinic:

(a)

Within 1,000 feet of the real property comprising an existing public or private elementary, secondary or career school attended primarily by minors; or

(b)

Within 1,000 feet of the real property comprising an existing licensed child care facility. As used in this section, “licensed child care facility” means a child care center certified under ORS 329A.280 that is operating under authority of a valid business license.

(2)

Commencing operation of a methadone clinic within 1,000 feet of a school or licensed child care facility is a nuisance and operation of the clinic shall be enjoined and abated as provided in ORS 105.550 to 105.600.

(3)

For purposes of this section, “within 1,000 feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from any point on the boundary line of the real property comprising an existing public or private elementary, secondary or career school or an existing licensed child care facility under this section.

(4)

A county or a local public health authority, as defined in ORS 431.003, may waive the siting restrictions under this section to the extent necessary to remove unreasonable barriers to patients’ accessing medically necessary treatment at methadone clinics.

Note: 430.590 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 Preface to Oregon Revised Statutes for further explanation.

LOCAL MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES

(Generally)