Oregon Law
Law as of Jan 1, 2024
Chapter contents
430.010Definitions 430.020[1961 c.706 §2; 1965 c.339 §20; repealed by 1969 c.597 §82 (430.021 enacted in lieu of 430.020)] 430.021Functions of Department of Human Services and Oregon Health Authority; report to authority on use of restraint or seclusion; rules 430.030Application of ORS 430.021 430.040[1961 c.706 §§6,8(2); repealed by 1963 c.490 §1 (430.041 enacted in lieu of 430.040)] 430.041[1963 c.490 §2 (enacted in lieu of 430.040); repealed by 2001 c.900 §261] 430.050Mental Health Advisory Board; Disability Issues Advisory Committee; rules 430.060[1961 c.706 §9; repealed by 1963 c.490 §5] 430.065[1991 c.654 §1; 2001 c.900 §134; repealed by 2005 c.705 §2] 430.070[1961 c.706 §10; repealed by 1963 c.490 §5] 430.071Policies to support and promote independence and self-determination 430.073Consumer Advisory Council 430.075Consumer participation on task forces, commissions, advisory groups and committees 430.078Rules 430.080[1961 c.706 §7; 1967 c.263 §1; 1973 c.697 §6; renumbered 430.270] 430.090[1961 c.706 §8(1); renumbered 430.260] 430.095[1969 c.637 §1; renumbered 430.265] 430.100[1961 c.706 §19; 1967 c.263 §2; 1969 c.314 §37; 1969 c.597 §87; 1971 c.622 §5; 1973 c.697 §7; repealed by 1985 c.740 §18] 430.103[1969 c.459 §1; 1971 c.484 §1; repealed by 1973 c.697 §21] 430.107[1969 c.442 §3; repealed by 1973 c.697 §21] 430.110[1961 c.706 §16; 1969 c.597 §88; 1973 c.247 §1; repealed by 2001 c.900 §261] 430.120[1961 c.706 §17; 1963 c.471 §3; repealed by 1973 c.807 §4] 430.130[1961 c.706 §12; repealed by 1963 c.490 §5] 430.140Federal grants for promoting mental health 430.150[1961 c.706 §§13,14; repealed by 1963 c.490 §5] 430.160Federal funds deposited in special account 430.165Fee schedules; collection of fees; definition 430.170[1971 c.306 §8; 1999 c.829 §5; 2009 c.595 §468; repealed by 2011 c.720 §228] 430.180[1977 c.384 §2; 1989 c.116 §6; 2001 c.487 §15; repealed by 2009 c.595 §1204] 430.190[1983 c.562 §4; 1985 c.494 §4; 1989 c.116 §8; 2001 c.900 §232; repealed by 2009 c.595 §1204] 430.195Receipt of funds for client use; disbursements from trust accounts; authority of other agencies 430.197Mental Health Services Fund 430.205Definitions for ORS 430.205 and 430.210 430.210Rights of persons receiving mental health services 430.212Reconnection of family members to individual with developmental disability; rules 430.215Responsibility for developmental disability services and psychiatric treatment services for children 430.216Report to Legislative Assembly 430.218[2005 c.805 §1; renumbered 427.450 in 2011] 430.220Director; appointment; powers and duties 430.221Commission members; terms; subcommittees 430.223Comprehensive addiction, prevention, treatment and recovery plan; rules 430.230Definitions 430.231Improving People’s Access to Community-based Treatment, Supports and Services Program established; purpose; duties of Grant Review Committee; rules 430.233Improving People’s Access to Community-based Treatment, Supports and Services Account 430.234Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established; membership 430.235Grant Review Committee; approval and distribution of grants 430.236Establishment of quality improvement subcommittee; statewide data tracking 430.238State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population 430.240[1991 c.574 §2; 2009 c.595 §473; 2011 c.673 §16; renumbered 430.254 in 2011] 430.241[2009 c.856 §1; 2009 c.856 §31; 2011 c.673 §1; 2011 c.731 §23; 2012 c.37 §62; 2013 c.623 §18; 2015 c.405 §1; 2018 c.44 §3; 2019 c.54 §1; renumbered 430.221 in 2019] 430.242[2011 c.673 §2; 2012 c.37 §63; 2013 c.623 §19; 2015 c.405 §2; 2018 c.44 §§4,7; 2019 c.54 §§2,3; renumbered 430.223 in 2019] 430.243Grants to coordinated care organizations authorized 430.245Identification of costs and cost savings from program; annual report to Legislative Assembly on costs, cost savings and outcomes 430.250[1985 c.740 §1; 1999 c.1053 §33; repealed by 2009 c.856 §27] 430.254Goal of treatment programs for persons with substance use disorders 430.255[1985 c.740 §4; 1999 c.1053 §34; 2009 c.595 §474; repealed by 2009 c.856 §27] 430.256Planning and administering alcohol and drug treatment programs; establishment of guidelines for program reviews and audits; rules 430.257[1985 c.740 §6; 1987 c.660 §21; 1991 c.453 §2; 1999 c.1053 §35; 2001 c.900 §135; 2009 c.595 §475; repealed by 2009 c.856 §27] 430.258[1999 c.1053 §31; repealed by 2009 c.856 §27] 430.259[1999 c.1053 §32; 2009 c.595 §476; repealed by 2009 c.856 §27] 430.260[Formerly 430.090; repealed by 2001 c.900 §261] 430.262Registration of sobering facilities; fees prohibited 430.263Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services; civil immunity 430.265Contracts with federal government for substance use disorder services 430.270Publicizing effects of alcohol and drugs 430.272Educational resources on risks of inhalant use 430.274Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services 430.275Oregon Health Authority to provide funding for peer respite centers; rules 430.278Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers 430.290[1973 c.582 §§1,2; 1985 c.740 §13; 2009 c.595 §479; 2009 c.856 §§10,19; repealed by 2011 c.673 §45] 430.305[1971 c.622 §2; repealed by 1973 c.682 §1 (430.306 enacted in lieu of 430.305)] 430.306Definitions 430.310[1961 c.706 §21; repealed by 1963 c.490 §5] 430.315Policy 430.320[1961 c.706 §22; repealed by 1963 c.490 §5] 430.325[1971 c.622 §3; 1973 c.795 §6; 1975 c.715 §1; 1977 c.745 §39; 1983 c.338 §928; renumbered 430.402 in 2011] 430.330[1961 c.706 §23; repealed by 1963 c.490 §5] 430.335Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders 430.338Purposes of laws related to alcoholism 430.340[1961 c.706 §11; repealed by 1963 c.490 §5] 430.342Local planning committees; duties; members 430.345Grants for prevention of, intervention in and treatment for substance use disorders 430.347Definitions for ORS 430.345 to 430.380 430.350Assistance and recommendation of local planning committee 430.355Grant application may cover more than one service 430.357Minimum standards; rules 430.358Opioid treatment center required to accept Medicare payments 430.359Funding of services 430.360[1973 c.682 §6; 1977 c.856 §9; renumbered 430.357] 430.362Application requirements for priority consideration 430.364Consideration given requests for priority 430.365[1973 c.682 §§7,11; 1975 c.424 §8; 1977 c.856 §9; renumbered 430.359] 430.366Requirements for service proposals and data reporting 430.368Appeal and review of funding requests; conclusiveness of review 430.370County contracts for services; joint county-city operation 430.375Fee schedule 430.380Mental Health Alcoholism and Drug Services Account; uses 430.381Construction 430.383Findings and policy 430.384Drug Treatment and Recovery Services Fund established 430.385[1975 c.424 §1; 1987 c.53 §13; renumbered 430.381 in 2021] 430.386Moneys in fund not to replace current funding for programs and services 430.387Distribution of moneys in fund 430.388Oversight and Accountability Council 430.389Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services 430.390Administration of grants; rules 430.391Behavioral Health Resource Network statewide telephone hotline 430.392Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund 430.393Report to Legislative Assembly 430.394Education campaign 430.395[1989 c.997 §1; 2009 c.595 §493; 2011 c.673 §29; renumbered 430.709 in 2021] 430.397Voluntary admission of person to treatment facility; notice to parent or guardian 430.399When person must be taken to treatment facility or sobering facility; admission or referral; when jail custody may be used; confidentiality of records 430.400[Formerly 475.295; repealed by 1995 c.440 §41] 430.401Liability of public officers, providers, treatment facilities and sobering facilities 430.402Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs 430.405Definition 430.415Drug dependence as illness 430.420Integration of drug treatment services into criminal justice system; plans 430.422Drug Prevention and Education Fund 430.424Distribution of funds; funding criteria 430.425[1973 c.697 §§4,5; repealed by 1985 c.740 §18] 430.426Rules; acceptance of gifts, grants and donations 430.450Definitions for ORS 430.450 to 430.555 430.455Information to arrested person believed to have substance use disorder 430.460Consent to evaluation; effect of refusal 430.465Referral for evaluation 430.470Notice of right to evaluation if not given at time of arrest 430.475Evaluation results as evidence; admissibility at subsequent trial; privileged communication 430.480Effect of ORS 430.450 to 430.555 on other evidence 430.485Treatment may be ordered 430.490Diversion plan for defendant; participation as condition of probation or parole 430.495Content of diversion plan; duration 430.500Dismissal of charges 430.505Expunction of verdict 430.510Notice when treatment unsuccessful 430.515Procedure to terminate treatment 430.520[1977 c.871 §4; repealed by 1985 c.740 §18] 430.525[1977 c.871 §§5,13; repealed by 1985 c.740 §18] 430.535Requirement to develop bilingual forms 430.540Designation of and standards for evaluation sites 430.545Procedures at evaluation sites; administration of antagonist drugs 430.550Discrimination prohibited 430.555Liability for violation of civil rights or injuries to participant 430.560Oregon Health Authority adoption of requirements for contracted drug treatment programs; rules 430.565Nonapplicability of drug laws to certain persons in treatment program 430.570Information concerning opiate inhibitors to be made available 430.572Internet access to providers of opiate use disorder treatment 430.573Statewide capacity to provide opiate use disorder treatment 430.580[1983 c.601 §2; repealed by 1987 c.411 §5] 430.590Regulation of location of methadone clinic; enforcement 430.610Legislative policy 430.620Establishment of community mental health and developmental disabilities programs by one or more counties 430.6249-8-8 Trust Fund established 430.625[1989 c.777 §2; 2005 c.691 §1; 2007 c.70 §229; renumbered 430.631 in 2011] 430.626Definitions 430.627Statewide coordinated crisis system; rules 430.628City and community mental health program provision of crisis stabilization services; rules 430.629Oversight and direction on implementation and operation of statewide coordinated crisis system 430.630Services to be provided by community mental health programs; local mental health authorities; local mental health services plan; rules 430.631Local advisory committees 430.632Report on implementation of comprehensive local plan for delivery of mental health services 430.634Evaluation of programs; population schedule for distributing funds 430.635[1991 c.777 §1; 2009 c.595 §510; renumbered 430.708 in 2011] 430.637Criteria for certificate of approval issued to mental health or substance use disorder treatment provider; advisory committee; reporting requirements; rules 430.638Immunity from civil liability for reliance on certificate of approval 430.640Duties of Oregon Health Authority in assisting and supervising community mental health programs; rules 430.641Behavioral Health Housing Incentive Fund established 430.642[1995 c.270 §2; repealed by 2001 c.900 §261] 430.643Disbursement of moneys in fund 430.644Priorities for services provided by community mental health programs 430.646Priorities for services for persons with mental or emotional disturbances 430.648Funding distribution formula; matching funds; administrative expenses 430.650[1961 c.706 §41; 1963 c.490 §3; 1965 c.179 §1; 1967 c.70 §1; 1973 c.639 §5; 1974 c.56 §1; repealed by 1981 c.750 §17] 430.651Use of population data in funding formula 430.655[1973 c.639 §9; repealed by 1981 c.750 §17] 430.660[1961 c.706 §42; 1973 c.639 §6; renumbered 430.694 in 2011] 430.662Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services; rules 430.664Requirements for developmental disabilities programs and support service brokerages 430.665[1981 c.750 §5; 2005 c.691 §4; 2007 c.70 §232; 2009 c.595 §512; renumbered 430.634 in 2011] 430.670Contracts to provide services; approval of department or authority; competition for subcontracts; exception 430.672Contract requirements for community mental health or developmental disabilities programs 430.673Mediation; retaliation prohibited; action for damages; attorney fees; rules 430.675[1981 c.750 §6; 2005 c.691 §5; 2009 c.595 §516; renumbered 430.644 in 2011] 430.685[1981 c.750 §10; 2007 c.70 §233; 2009 c.595 §517; renumbered 430.646 in 2011] 430.690[1981 c.750 §§8,11; 2009 c.595 §518; renumbered 430.648 in 2011] 430.693[2007 c.417 §1; 2009 c.595 §519; renumbered 430.651 in 2011] 430.694Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds 430.695Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts 430.700[1981 c.750 §13; repealed by 1995 c.79 §220] 430.705Mental health services for children 430.708Priority for preventive services for children 430.709Funding of regional centers for treatment of adolescents with substance use disorders; rules; criteria for areas served by centers 430.710[1963 c.581 §1; repealed by 1969 c.321 §9 and 1969 c.597 §281] 430.715Hospital services; child care and residential treatment programs; other services 430.717Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents; call center for identifying and tracking placement settings 430.720[1963 c.581 §2; repealed by 1969 c.321 §9 and 1969 c.597 §281] 430.725Gifts and grants 430.730[1963 c.581 §3; repealed by 1971 c.109 §1] 430.731Uniform investigation procedures; rules 430.735Definitions for ORS 430.735 to 430.765 430.737Mandatory reports and investigations 430.738Privileges not applicable to abuse proceedings 430.739County multidisciplinary teams; protocols; reports 430.740[1963 c.581 §4; repealed by 1969 c.321 §9] 430.743Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services 430.745Investigation of abuse; notice to medical examiners; findings; recommendations 430.746Training requirements for persons investigating reports of alleged abuse 430.747Photographs of victim during investigation; exception; photographs as records 430.750[1963 c.581 §5; repealed by 1969 c.321 §9] 430.753Immunity of persons making reports in good faith; confidentiality 430.755Retaliation prohibited; liability for retaliation 430.756Immunity of employer reporting abuse by employee 430.757Reports of abuse to be maintained by Department of Human Services 430.760[1969 c.253 §1; repealed by 1985 c.555 §26] 430.763Confidentiality of records; when record may be made available to agency 430.765Duty of officials to report abuse; exceptions for privileged communications; exception for religious practice 430.768Claims of self-defense addressed in certain reports of abuse; review teams; rules 430.770[1969 c.253 §2; repealed by 1985 c.555 §26] 430.780[1969 c.253 §3; repealed by 1985 c.555 §26] 430.790[1969 c.253 §4; repealed by 1985 c.555 §26] 430.810[1969 c.253 §5; repealed by 1985 c.555 §26] 430.820[1969 c.253 §6; repealed by 1985 c.555 §26] 430.850Treatment program; eligibility 430.860Participation in program; report to court 430.870Rules 430.880Gifts, grants or services 430.890[1973 c.817 §4; repealed by 1979 c.419 §3] 430.891[1975 c.150 §4; repealed by 1979 c.419 §3] 430.900Definitions for ORS 430.900 to 430.930 430.905Policy 430.910[1989 c.1046 §2; repealed by 2001 c.900 §261] 430.915Health care providers to encourage counseling and therapy 430.920Risk assessment for drug and alcohol use; informing patient of results; assistance to patient in reducing need for controlled substances 430.925[1989 c.1046 §5; 2009 c.595 §530; repealed by 2015 c.70 §12] 430.930Substance use disorder education at Oregon Health and Science University 430.950[1991 c.706 §1; repealed by 2001 c.900 §261] 430.955Standardized screening instrument; assessing drug use during pregnancy

Chapter 430 — Mental and Behavioral Health Treatment; Developmental Disabilities

ORS 430.638 Immunity from civil liability for reliance on certificate of approval

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.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.