ORS § 430.610 — OR Code / Title 35 / Chapter 430 / Section 430.610
430.610 Legislative policy
Status: in_force

It is declared to be the policy and intent of the Legislative Assembly that:

(1) 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;

(2) The Department of Human Services, the Oregon Health Authority and other state agencies shall conduct their activities in the least costly and most efficient manner so that delivery of services to persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are alcohol or drug abusers, shall be effective and coordinated;

(3) To the greatest extent possible, mental health and developmental disabilities services shall be delivered in the community where the person lives in order to achieve maximum coordination of services and minimum disruption in the life of the person; and

(4) The State of Oregon shall encourage, aid and financially assist its county governments in the establishment and development of community mental health programs or community developmental disabilities programs, including but not limited to, treatment and rehabilitation services for persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are alcohol or drug abusers, and prevention of these problems through county administered community mental health programs or community developmental disabilities programs. [1961 c.706 §36; 1973 c.639 §1; 1981 c.750 §1; 2001 c.900 §140; 2007 c.70 §228; 2009 c.595 §506; 2011 c.720 §170]

Source: Section 430.610 — Legislative policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.010 — OR Code / Title 35 / Chapter 430 / Section 430.010
430.010 Definitions
Status: in_force

As used in this chapter:

(1) “Outpatient service” means:

(a) A program or service providing treatment by appointment and by:

(A) Physicians licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) ;

(B) Psychologists licensed by the Oregon Board of Psychology under ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures) ;

(C) Nurse practitioners licensed by the Oregon State Board of Nursing under ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.410 (Fees) ;

(D) Regulated social workers authorized to practice regulated social work by the State Board of Licensed Social Workers under ORS 675.510 (Definitions for ORS 675.510 to 675.600) to 675.600 (Duties of board) ;

(E) Professional counselors or marriage and family therapists licensed by the Oregon Board of Licensed Professional Counselors and Therapists under ORS 675.715 (Application) to 675.835 (Injunctive proceedings) ; or

(F) Naturopathic physicians licensed by the Oregon Board of Naturopathic Medicine under ORS chapter 685; or

(b) A program or service providing treatment by appointment that is licensed, approved, established, maintained, contracted with or operated by the authority under:

(A) ORS 430.265 (Contracts with federal government for substance use disorder services) to 430.380 (Mental Health Alcoholism and Drug Services Account) and 430.610 (Legislative policy) to 430.880 (Gifts, grants or services) for alcoholism;

(B) ORS 430.265 (Contracts with federal government for substance use disorder services) to 430.380 (Mental Health Alcoholism and Drug Services Account) , 430.405 (Definition) to 430.565 (Nonapplicability of drug laws to certain persons in treatment program) and 430.610 (Legislative policy) to 430.880 (Gifts, grants or services) for drug addiction; or

(C) ORS 430.610 (Legislative policy) to 430.880 (Gifts, grants or services) for mental or emotional disturbances.

(2) “Residential facility” means a program or facility providing an organized full-day or part-day program of treatment. Such a program or facility shall be licensed, approved, established, maintained, contracted with or operated by the authority under:

(a) ORS 430.265 (Contracts with federal government for substance use disorder services) to 430.380 (Mental Health Alcoholism and Drug Services Account) and 430.610 (Legislative policy) to 430.880 (Gifts, grants or services) for alcoholism;

(b) ORS 430.265 (Contracts with federal government for substance use disorder services) to 430.380 (Mental Health Alcoholism and Drug Services Account) , 430.405 (Definition) to 430.565 (Nonapplicability of drug laws to certain persons in treatment program) and 430.610 (Legislative policy) to 430.880 (Gifts, grants or services) for drug addiction; or

(c) ORS 430.610 (Legislative policy) to 430.880 (Gifts, grants or services) for mental or emotional disturbances. [Derived from 1961 c.706 §§1,37; 1969 c.597 §81; 1983 c.601 §1; 1987 c.411 §4; 1989 c.721 §52; 1991 c.292 §1; 2001 c.900 §132; 2007 c.70 §225; 2009 c.442 §38; 2009 c.549 §3; 2009 c.595 §458; 2011 c.658 §27; 2011 c.673 §15; 2013 c.36 §24; 2017 c.6 §2; 2017 c.356 §54; 2017 c.409 §12; 2019 c.358 §12]

Source: Section 430.010 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.335 — OR Code / Title 35 / Chapter 426 / Section 426.335
426.335 Limitations on liability
Status: in_force

The following limitations on liability are applicable to actions and proceedings within this chapter and ORS 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) :

(1) The following individuals may not in any way be held criminally or civilly liable for the initiation of commitment procedures under ORS 426.070 (Initiation) , provided the individual acts in good faith, on probable cause and without malice:

(a) The community mental health program director or designee of the director.

(b) The two petitioning persons.

(c) The local health officer.

(d) Any magistrate.

(e) Any peace officer or parole and probation officer.

(f) Any licensed independent practitioner attending the person alleged to have a mental illness.

(g) Any licensed independent practitioner associated with the hospital or institution where the person alleged to have a mental illness is a patient.

(2) The community mental health program director or the designee of the director conducting the investigation under ORS 426.070 (Initiation) and 426.074 (Investigation) shall not be held criminally or civilly liable for conducting the investigation, provided the investigator acts in good faith, on probable cause and without malice.

(3) The individual representing the state’s interest under ORS 426.100 (Advice of court) shall not be held criminally or civilly liable for performing responsibilities under ORS 426.100 (Advice of court) as long as the individual acts in good faith and without malice.

(4) An examiner appointed under ORS 426.110 (Appointment of examiners) may not be held criminally or civilly liable for actions pursuant to ORS 426.120 (Examination report) if the examiner acts in good faith and without malice.

(5) A licensed independent practitioner, hospital or judge may not be held criminally or civilly liable for actions pursuant to ORS 426.228 (Custody) , 426.231 (Hold by licensed independent practitioner) , 426.232 (Emergency admission) , 426.234 (Duties of professionals at facility where person admitted) or 426.235 (Transfer between hospital and nonhospital facilities) if the licensed independent practitioner, hospital or judge acts in good faith, on probable cause and without malice.

(6) A peace officer, individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) , community mental health director or designee, hospital or other facility, licensed independent practitioner or judge may not in any way be held criminally or civilly liable for actions pursuant to ORS 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) if the individual or facility acts in good faith, on probable cause and without malice.

(7) Any legal guardian, relative or friend of a person with mental illness who assumes responsibility for the person under a conditional release under ORS 426.125 (Qualifications and requirements for conditional release) shall not be liable for any damages that result from the misconduct of the person while on conditional release if the legal guardian, relative or friend acts in good faith and without malice.

(8) The individuals designated in this subsection may not be liable for personal injuries or other damages that result from the misconduct of a person with mental illness while the person is on outpatient commitment under ORS 426.127 (Outpatient commitment) if the designated individual acts without willful and wanton neglect of duty. This subsection is applicable to all of the following:

(a) The community mental health program director and the designee of the director for the county in which the committed person resides.

(b) The superintendent or director of any staff of any facility where the person with mental illness receives treatment during the outpatient commitment.

(c) The Director of the Oregon Health Authority.

(d) The licensed independent practitioner and the facility providing care or treatment to a person on outpatient commitment.

(9) For trial visits granted under ORS 426.273 (Trial visits) and 426.275 (Effect of failure to adhere to condition of placement) :

(a) The following individuals and entities may not be liable for a person’s expenses while on trial visit:

(A) The licensed independent practitioner and the facility providing care or treatment to a person on a trial visit;

(B) The superintendent or director of the facility providing care or treatment to a person on a trial visit;

(C) The Director of the Oregon Health Authority; and

(D) The chief medical officer of the facility.

(b) The individuals designated in this paragraph may not be liable for damages that result from the misconduct of a person with mental illness while on trial visit if the designated individual acts without willful and wanton neglect of duty:

(A) The community mental health program director for the county in which the person resides;

(B) The superintendent, director or chief medical officer of any facility providing care or treatment to a patient on a trial visit;

(C) The licensed independent practitioner responsible for the patient’s care or treatment during a trial visit;

(D) The Director of the Oregon Health Authority; or

(E) The employees and agents of individuals or facilities under this paragraph. [Formerly 426.280; 2005 c.264 §21; 2009 c.595 §422; 2013 c.360 §57; 2015 c.461 §19; 2015 c.736 §68]

Source: Section 426.335 — Limitations on liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.401 — OR Code / Title 35 / Chapter 427 / Section 427.401
427.401 Oregon Human Rights Commission established
Status: in_force

(1) The Oregon Human Rights Commission is established within the Department of Human Services. The commission consists of nine members appointed by the Governor for not more than two consecutive three-year terms. The purpose of the commission is to safeguard the dignity and basic human rights of individuals who have an intellectual or developmental disability.

(2) The Governor shall appoint the following members who shall be confirmed by the Senate in the manner prescribed in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) :

(a) One member who is an individual who has an intellectual or developmental disability and who receives services under ORS 427.007 (Policy) .

(b) One member who is a family member of an individual who has an intellectual or developmental disability.

(c) One member who is a sibling of an individual who has an intellectual or developmental disability.

(d) One member who is a self-advocate for the rights of individuals who have intellectual or developmental disabilities and who represents, in a professional capacity, an organization that promotes disability self-advocacy.

(e) Two members who are representatives from a disabilities advocacy organization.

(f) One member who is a service provider as defined in ORS 427.101 (Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664) .

(g) One member who represents the Department of Human Services.

(h) One member who is an expert regarding behavioral intervention models that have been approved by the Department of Human Services.

(3) In making appointments, the Governor shall solicit and consider recommendations from the Oregon Council on Developmental Disabilities and Disability Rights Oregon and shall make appointments in consideration of the different geographical regions of the state.

(4) The commission may appoint any medical, behavioral and educational professionals as the commission deems necessary to assist the commission in an advisory capacity only.

(5) A majority of the members of the commission constitutes a quorum for the transaction of business.

(6) Official action by the commission requires the approval of a majority of the members of the commission.

(7) The commission shall elect one of its members to serve as chairperson.

(8) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective.

(9) The commission shall meet at times and places specified by the call of the chairperson or of a majority of the members of the commission.

(10) The commission may adopt any rules the commission considers necessary for the commission to carry out its duties under this section and ORS 427.109 (Complaint procedures) . [2019 c.296 §2]

Source: Section 427.401 — Oregon Human Rights Commission established; membership; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.757 — OR Code / Title 35 / Chapter 430 / Section 430.757
430.757 Reports of abuse to be maintained by Department of Human Services
Status: in_force

A proper record of all reports of abuse made under ORS 430.743 (Abuse report) and 430.765 (Duty of officials to report abuse) shall be maintained by the Department of Human Services. [1991 c.744 §9; 2021 c.97 §52]

Note: See note under 430.735 (Definitions for ORS 430.735 to 430.765) .

Source: Section 430.757 — Reports of abuse to be maintained by Department of Human Services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.278 — OR Code / Title 35 / Chapter 426 / Section 426.278
426.278 Distribution of copies of conditions for outpatient commitment or trial visit
Status: in_force

The Oregon Health Authority shall provide to each of the following individuals or entities a copy of the conditions of an outpatient commitment under ORS 426.127 (Outpatient commitment) or a trial visit under ORS 426.273 (Trial visits) :

(1) The committed person;

(2) The community mental health program director, or designee of the director, of the county in which the committed person is to receive outpatient treatment;

(3) The director of any facility, service or other provider designated to provide care or treatment;

(4) The court of current commitment; and

(5) The appropriate court of the county in which the committed person lives during the commitment period if the person is living in a different county than the county of the court that made the current commitment. [1987 c.903 §30; 2009 c.595 §415; 2013 c.360 §50]

Source: Section 426.278 — Distribution of copies of conditions for outpatient commitment or trial visit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.641 — OR Code / Title 35 / Chapter 430 / Section 430.641
430.641 Behavioral Health Housing Incentive Fund established
Status: in_force

(1) 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 credited to the fund.

(2) Moneys in the Behavioral Health Housing Incentive Fund are continuously appropriated to the Oregon Health Authority to carry out the provisions of ORS 430.643 (Disbursement of moneys in fund) . [2021 c.521 §1]

Note: 430.641 (Behavioral Health Housing Incentive Fund established) 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.

Source: Section 430.641 — Behavioral Health Housing Incentive Fund established , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.380 — OR Code / Title 35 / Chapter 430 / Section 430.380
430.380 Mental Health Alcoholism and Drug Services Account
Status: in_force

(1) 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 (Grants for prevention of, intervention in and treatment for substance use disorders) to 430.380 (Mental Health Alcoholism and Drug Services Account) and to provide funding for sobering facilities registered under ORS 430.262 (Registration of sobering facilities) . Moneys deposited in the account may be invested in the manner prescribed in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) .

(2) Forty percent of the moneys in the Mental Health Alcoholism and Drug Services Account shall be continuously appropriated to the counties on the basis of population. The counties must use the moneys for the establishment, operation and maintenance of alcohol and drug abuse prevention, early intervention and treatment services and for local matching funds under ORS 430.345 (Grants for prevention of, intervention in and treatment for substance use disorders) to 430.380 (Mental Health Alcoholism and Drug Services Account) . The counties may use up to 10 percent of the moneys appropriated under this subsection to provide funds for sobering facilities registered under ORS 430.262 (Registration of sobering facilities) .

(3) Forty percent of the moneys shall be continuously appropriated to the Oregon Health Authority to be used for state matching funds to counties for alcohol and drug abuse prevention, early intervention and treatment services pursuant to ORS 430.345 (Grants for prevention of, intervention in and treatment for substance use disorders) to 430.380 (Mental Health Alcoholism and Drug Services Account) . The authority may use up to 10 percent of the moneys appropriated under this subsection for matching funds to counties for sobering facilities registered under ORS 430.262 (Registration of sobering facilities) .

(4) Twenty percent of the moneys shall be continuously appropriated to the Oregon Health Authority to be used for alcohol and drug abuse prevention, early intervention and treatment services for adults in custody of correctional and penal institutions and for parolees therefrom and for probationers as provided pursuant to rules of the authority. However, prior to expenditure of moneys under this subsection, the authority must present its program plans for approval to the appropriate legislative body which is either the Joint Ways and Means Committee during a session of the Legislative Assembly or the Emergency Board during the interim between sessions.

(5) Counties and state agencies:

(a) May not use moneys appropriated to counties and state agencies under subsections (1) to (4) of this section for alcohol and drug prevention and treatment services that do not meet or exceed minimum standards established under ORS 430.357 (Minimum standards) ; and

(b) Shall include in all grants and contracts with providers of alcohol and drug prevention and treatment services a contract provision that the grant or contract may be terminated by the county or state agency if the provider does not meet or exceed the minimum standards adopted by the Oregon Health Authority pursuant to ORS 430.357 (Minimum standards) . A county or state agency may not be penalized and is not liable for the termination of a contract under this section. [1975 c.424 §5; 1977 c.856 §16; 1987 c.53 §12; 2009 c.595 §492; 2011 c.673 §28; 2017 c.204 §1; 2019 c.213 §148]

Source: Section 430.380 — Mental Health Alcoholism and Drug Services Account; uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.300 — OR Code / Title 35 / Chapter 427 / Section 427.300
427.300 Assignment to appropriate facility
Status: in_force

(1) The Department of Human Services may, at its discretion, direct any person with an intellectual disability who has been committed under ORS 427.290 (Determination by court of need for commitment) to the facility best able to treat and train the person. The authority of the department on such matters shall be final.

(2) Intentionally left blank —Ed.

(a) At any time, for good cause and in the best interest of the person, the department may decide to transfer the person from one facility to another or discharge the person as no longer in need of residential care, treatment or training.

(b) At least 30 days prior to the transfer or discharge, the department shall notify, by regular mail, the person and the guardian or other individual entitled to custody of the person of the decision to transfer or discharge. The notice must inform the person of the right to appeal the department’s decision to transfer or discharge. In the case of a medical emergency, the department is not required to give 30 days’ notice but shall give the notice as soon as possible under the circumstances. The department shall define “medical emergency” by rule, including but not limited to an increase in the level of needed care or the person engaging in a behavior that poses an imminent danger to self or others.

(c) Except in a medical emergency, the person has the right to an administrative hearing prior to an involuntary transfer or discharge. ORS 441.605 (Legislative declaration of rights intended for residents) (4) and the department’s rules governing transfer notices and hearings for residents of long term care facilities apply to a transfer or discharge under this section. If the person is being transferred or discharged for a medical emergency, the hearing must be held no later than seven days after the transfer or discharge. The department shall maintain a space in the facility for the person pending the administrative order.

(3) The department, pursuant to its rules, may delegate to a community developmental disabilities program director or a support services brokerage the responsibility for assignment of persons with intellectual disabilities to suitable facilities or transfer between such facilities under conditions that the department may define. [1979 c.683 §25; 2009 c.595 §447; 2011 c.658 §23; 2013 c.36 §11; 2023 c.339 §10]

Source: Section 427.300 — Assignment to appropriate facility; notice of transfer or discharge; appeal; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 427.007 — OR Code / Title 35 / Chapter 427 / Section 427.007
427.007 Policy
Status: in_force

(1) Intentionally left blank —Ed.

(a) Individuals with intellectual and other developmental disabilities and society as a whole benefit when the individuals exercise choice and self-determination, living and working in the most integrated community settings appropriate to their needs, with supportive services that are designed and implemented consistent with the choice of the individuals regarding services, providers, goals and activities. Individuals with developmental disabilities, together with their families and advocates, must play a major role in the planning, designing, funding, operation and monitoring of community services. These services should be ultimately focused on the outcomes of independence, integration and productivity.

(b) The employment of individuals with developmental disabilities in fully integrated work settings is the highest priority over unemployment, segregated employment, facility-based employment or day habilitation.

(c) Support for families with children who have developmental disabilities must be based upon principles of choice and self-determination, with families receiving the support they need to support their children at home. If a child with a developmental disability cannot remain safely at home even with supportive services, the child should live in a family-like setting with the ability to remain closely connected to the child’s family.

(d) Therefore, the Department of Human Services is directed to facilitate, provide or contract for appropriate community-based services, including family support, residential facilities, day programs, home care and other necessary support, care and training programs, in an orderly and systematic manner.

(2) In carrying out the directive in subsection (1) of this section, the department shall develop a biennial plan in conjunction with the budgeting process for review by each Legislative Assembly. In developing this plan, the department shall meet with and consider the input of representatives from the following constituencies: Consumer organizations, parent-family organizations, advocacy organizations, unions representing personal support workers and adult foster home providers, community provider organizations, state and local education officials and community developmental disabilities programs. Such plans shall include, where appropriate:

(a) Proposals for the orderly development of community-based services, including family support, residential facilities, day programs, home care and other necessary support, care and training programs, to accommodate persons eligible for and needing developmental disability services and to serve persons already in the community waiting for services. The proposals shall include services for persons who are leaving the public education system. Funding for these services shall be commensurate with individual need. These proposals may include provisions for an array of both publicly and privately operated services and shall include specific implementation plans requiring that new services developed are designed to significantly increase the independence, productivity and integration into the community of persons with intellectual disabilities or other developmental disabilities.

(b) Proposals for the location of community-based services for persons with intellectual disabilities or other developmental disabilities in proximity to family, friends, supportive services and home communities whenever possible.

(3) In further carrying out the directive in subsection (1) of this section, the department shall develop monitoring and evaluation systems that ensure competent management, program quality and cost-effectiveness of community-based services. Such systems shall include, where appropriate:

(a) A comprehensive system of service coordination that ensures an orderly movement of persons with intellectual disabilities or other developmental disabilities between community-based service alternatives, and ensures an effective system of service delivery to persons with intellectual disabilities or other developmental disabilities living in the community, based on individualized planning and close cooperation with consumers, families and guardians.

(b) Specific standards for each component within the array of services for persons with intellectual disabilities or other developmental disabilities, either operated or supported by the department, that ensure the competent management, program quality and cost-effectiveness of such services.

(4) Subject to available funds, the department shall ensure that each family with a member with an intellectual disability or another developmental disability has access to family support services, and that each person with an intellectual disability or another developmental disability living in the community, including those leaving the public education system, has access to community-based services necessary to enable the person to strive to achieve independence, productivity and integration. Specific services proposed for the person shall be identified in an individual support plan or in a family support service plan.

(5) Subject to available funds, the department shall determine the content of individual support plans and family support service plans, and the process whereby such plans are developed and updated. [1981 c.287 §1; 1985 c.463 §2; 1987 c.353 §1; 1987 c.609 §1; 1989 c.505 §1; 2001 c.900 §127; 2007 c.70 §216; 2011 c.658 §5; 2013 c.36 §4]

Source: Section 427.007 — Policy; Department of Human Services to facilitate community-based services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.620 — OR Code / Title 35 / Chapter 430 / Section 430.620
430.620 Establishment of community mental health and developmental disabilities programs by one or more counties
Status: in_force

(1) 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:

(a) 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 program.

(b) In conformity with the rules of the Oregon Health Authority, establish and operate, or contract with a public agency or private corporation for, a community mental health program.

(c) Cooperate, coordinate or act jointly with any other county or counties or any appropriate officer or agency of such counties in establishing and operating or contracting for a community mental health program or community developmental disabilities program to service all such counties in conformity with the regulations of the department or the authority.

(d) Expend county moneys for the purposes referred to in paragraph (a), (b) or (c) of this subsection.

(e) Accept and use or expend property or moneys from any public or private source made available for the purposes referred to in paragraph (a), (b) or (c) of this subsection.

(2) All officers and agencies of a county, upon request, shall cooperate insofar as possible with the county court or board of county commissioners, or its designated representatives, in conducting programs and carrying on and coordinating activities under subsection (1) of this section. [1961 c.706 §39; 1973 c.639 §2; 1981 c.750 §2; 1989 c.116 §10; 2009 c.595 §507; 2013 c.36 §30]

Source: Section 430.620 — Establishment of community mental health and developmental disabilities programs by one or more counties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.335 — OR Code / Title 35 / Chapter 427 / Section 427.335
427.335 Authority of department to develop community housing
Status: in_force

(1) The Department of Human Services may, through contract or otherwise, acquire, purchase, receive, hold, exchange, operate, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of providing care to individuals with intellectual disabilities or other developmental disabilities.

(2) The department may dispose of community housing acquired under subsection (1) of this section in a public or private sale, upon such terms and conditions as the department considers advisable to increase the quality and quantity of community housing for individuals with intellectual disabilities or other developmental disabilities. The department may include in any instrument conveying fee title to community housing language that restricts the use of the community housing to provide care for individuals with intellectual disabilities or other developmental disabilities. Such restriction is not a violation of ORS 93.270 (Certain restrictions in instruments prohibited) . Any instrument conveying fee title to community housing under this subsection shall provide that equipment in the community housing is a part of and shall remain with the real property unless such equipment was modified or designed specifically for an individual’s use, in which case such equipment shall follow the individual.

(3) The department may provide financial assistance to a housing provider or a care provider that wishes to provide community housing for individuals with intellectual disabilities or other developmental disabilities under rules promulgated by the department.

(4) The department may transfer its ownership of equipment to care providers.

(5) When exercising the authority granted to the department under this section, the department is not subject to ORS 276.900 (Policy) to 276.915 (Energy design requirements) or 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts) or ORS chapters 270 and 273. [1999 c.753 §3; 2003 c.794 §282; 2007 c.70 §222; 2011 c.658 §26]

Source: Section 427.335 — Authority of department to develop community housing; sale of community housing; conditions; financial assistance to providers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 427.105 — OR Code / Title 35 / Chapter 427 / Section 427.105
427.105 Diagnostic evaluations
Status: in_force

(1) Pursuant to rules of the Department of Human Services, a diagnostic evaluation conducted to determine eligibility for developmental disability services may include, but is not limited to, the following:

(a) A social history;

(b) A psychological evaluation, including an appropriate individual test of intellectual capacity, an academic achievement test, a social development assessment and an adaptive behavior assessment; and

(c) A medical evaluation including, if practicable, prenatal, natal, early postnatal and other past and family history.

(2) The diagnostic evaluation shall also attempt to determine the existence of a developmental disability, such as an intellectual disability, epilepsy, cerebral palsy or autism, and specific learning disorders and to outline the most appropriate services for the treatment and training of the person, whether those services are immediately available or not.

(3) A facility approved by the department to conduct diagnostic evaluations may contract with qualified persons to perform components of the evaluation. [1979 c.683 §14; 2013 c.36 §6]

Source: Section 427.105 — Diagnostic evaluations; contents; purpose; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 428.230 — OR Code / Title 35 / Chapter 428 / Section 428.230
428.230 Return of nonresident patients
Status: in_force

(1) Except as provided in ORS 428.205 (Declaration of policy) , 428.220 (Determining residence) and 428.330 (Dealing with state not party to compact) , the Department of Human Services and the Oregon Health Authority shall return nonresident patients to any other state in which they may have legal residence.

(2) The department may give written authorization for the return to a facility of a resident of Oregon who has been committed by a court of competent jurisdiction to a foreign hospital.

(3) The facility shall admit and care for any person eligible for admission pursuant to subsection (2) of this section or ORS 428.220 (Determining residence) (2) upon receipt of a certified copy of the commitment papers and the written authorization of the department.

(4) The authority may give written authorization for the return to the Oregon State Hospital of a resident of Oregon who has been committed by a court of competent jurisdiction to a foreign hospital.

(5) The superintendent of the Oregon State Hospital shall admit and care for any person eligible for admission pursuant to subsection (4) of this section or ORS 428.220 (Determining residence) (3) upon receipt of a certified copy of the commitment papers and the written authorization of the authority. [1957 c.388 §7; 1975 c.155 §5; 2009 c.595 §451; 2013 c.36 §19; 2015 c.318 §17]

Source: Section 428.230 — Return of nonresident patients; admission of eligible persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 430.274 — OR Code / Title 35 / Chapter 430 / Section 430.274
430.274 Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services
Status: in_force

The Oregon Health Authority shall:

(1) 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.

(2) Provide medical assistance reimbursement for tribal-based practices. [2021 c.667 §1]

Note: 430.274 (Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services) and 430.278 (Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers) were enacted into law by the Legislative Assembly but were 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.

Source: Section 430.274 — Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.572 — OR Code / Title 35 / Chapter 430 / Section 430.572
430.572 Internet access to providers of opiate use disorder treatment
Status: in_force

(1) The Oregon Health Authority shall develop and regularly update a web-based, searchable inventory of the following:

(a) Each opioid and opiate abuse or dependency treatment provider located in this state;

(b) Treatment options offered by each opioid and opiate abuse or dependency treatment provider located in this state; and

(c) The maximum capacity of each opioid and opiate abuse or dependency treatment provider located in this state.

(2) The authority shall post the inventory developed under subsection (1) of this section on a website of the authority. [2017 c.683 §7]

Note: 430.572 (Internet access to providers of opiate use disorder treatment) and 430.573 (Statewide capacity to provide opiate use disorder treatment) were enacted into law by the Legislative Assembly but were 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.

Source: Section 430.572 — Internet access to providers of opiate use disorder treatment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.731 — OR Code / Title 35 / Chapter 430 / Section 430.731
430.731 Uniform investigation procedures
Status: in_force

(1) The Department of Human Services or a designee of the department shall conduct the investigations and make the findings required by ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) .

(2) 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 (Definitions for ORS 430.735 to 430.765) (2)(a) to ensure that the investigations are conducted in a uniform, objective and thorough manner in every county of the state including, but not limited to, policies and procedures that:

(a) Limit the duties of investigators solely to conducting and reporting investigations of abuse;

(b) Establish investigator caseloads based upon the most appropriate investigator-to-complaint ratios;

(c) Establish minimum qualifications for investigators that include the successful completion of training in identified competencies; and

(d) Establish procedures for the screening and investigation of abuse complaints and establish uniform standards for reporting the results of the investigation.

(3) A person employed by or under contract with the department, the designee of the department or a community developmental disabilities program to provide case management services may not serve as the lead investigator of an allegation of abuse of a person with a developmental disability.

(4) The department shall monitor investigations conducted by a designee of the department. [2009 c.837 §7; 2009 c.828 §82]

Note: 430.731 (Uniform investigation procedures) 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.

Source: Section 430.731 — Uniform investigation procedures; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.485 — OR Code / Title 35 / Chapter 430 / Section 430.485
430.485 Treatment may be ordered
Status: in_force

When the results of the evaluation obtained under ORS 430.460 (Consent to evaluation) or 430.465 (Referral for evaluation) indicate that the defendant is a drug-dependent person within the meaning of ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant) , 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 direct the defendant to receive treatment as a contingent alternative to prosecution. If defendant refuses treatment, criminal proceedings shall be resumed. [1977 c.871 §15]

Source: Section 430.485 — Treatment may be ordered , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.110 — OR Code / Title 35 / Chapter 426 / Section 426.110
426.110 Appointment of examiners
Status: in_force

The following requirements relating to the appointment of examiners for purposes of a hearing under ORS 426.095 (Commitment hearing) or 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) and 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) apply as described:

(1) The judge shall appoint one qualified examiner. If requested, the judge shall appoint one additional qualified examiner. A request for an additional examiner under this subsection must be made in writing and must be made by the person alleged to have a mental illness or the attorney for the person.

(2) To be qualified for purposes of this section, an examiner must:

(a) Agree to be an examiner.

(b) Be one of the following:

(A) A physician licensed by the Oregon Medical Board who is competent to practice psychiatry as provided by the Oregon Health Authority or the Psychiatric Security Review Board by rule.

(B) Certified by the authority or the Psychiatric Security Review Board as a mental health examiner qualified to make examinations for involuntary commitment proceedings.

(3) The authority or the Psychiatric Security Review Board may establish, by rule, requirements for certification as a mental health examiner for purposes of subsection (2)(b)(B) of this section.

(4) The cost of examiners under this section shall be paid as provided under ORS 426.250 (Payment of costs related to commitment proceedings) . [Amended by 1973 c.838 §10; 1987 c.158 §77; 1987 c.903 §15; 2009 c.595 §390; 2013 c.715 §§5,16]

Source: Section 426.110 — Appointment of examiners; qualifications; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.292 — OR Code / Title 35 / Chapter 426 / Section 426.292
426.292 Release prior to expiration of term of commitment
Status: in_force

Nothing in this chapter and ORS 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) prohibits the Oregon Health Authority from releasing a person from a hospital or other facility in which the person is being treated prior to the expiration of the period of commitment under ORS 426.130 (Court determination of mental illness) when, in the opinion of the director of the facility or the licensed independent practitioner who is treating the person, the person is no longer a person with mental illness. [1985 c.242 §4 (enacted in lieu of 426.290); 2009 c.595 §416; 2013 c.360 §51; 2015 c.461 §18]

Source: Section 426.292 — Release prior to expiration of term of commitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.763 — OR Code / Title 35 / Chapter 430 / Section 430.763
430.763 Confidentiality of records
Status: in_force

Notwithstanding the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , the names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 (Photographs of victim during investigation) maintained under the provisions of ORS 430.757 (Reports of abuse to be maintained by Department of Human Services) are confidential and are not accessible for public inspection. However, the Department of Human Services shall make this information and any investigative report available to any law enforcement agency, to any public agency that licenses or certifies facilities or licenses or certifies the persons practicing therein and to any public agency providing protective services for the adult, if appropriate. The department shall also make this information and any investigative report available to any private agency providing protective services for the adult and to the system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1). When this information and any investigative report is made available to a private agency, the confidentiality requirements of this section apply to the private agency. [1991 c.744 §10; 2003 c.14 §240; 2005 c.498 §9]

Note: See note under 430.735 (Definitions for ORS 430.735 to 430.765) .

Source: Section 430.763 — Confidentiality of records; when record may be made available to agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.181 — OR Code / Title 35 / Chapter 427 / Section 427.181
427.181 Department of Human Services to contract with organizations providing agency with choice services
Status: in_force

(1) As used in this section:

(a) “Agency with choice services” means support given to an individual in self-directing the individual’s services or in managing staff who are providing in-home services and supports to the individual, using a person-centered approach to ensure that the individual is at the center of the decision-making process regarding what services are needed, including by providing:

(A) Training, coaching and other forms of support to the individual on:

(i) Self-direction; and

(ii) The roles and responsibilities of the individual and the agency with choice services provider;

(B) Training, coaching and other forms of support to the individual in the overall management of staff providing direct support services to the individual, including in the recruitment, hiring, scheduling and training of staff, performance assessments of staff and dismissal of staff; and

(C) Other administrative and employment-related supports.

(b) “Individual” means a child or adult with an intellectual or developmental disability, or the representative of the child or adult, who receives in-home services and supports through the Department of Human Services.

(2) The department shall contract with one or more organizations to deliver agency with choice services as a community-based services option under ORS 427.007 (Policy) (1)(d).

(3) An organization contracting with the department under subsection (2) of this section shall be expected, at a minimum, to:

(a) Maximize an individual’s self-direction and autonomy by supporting the individual to direct the individual’s staff hired to provide direct support services to the individual and manage the day-to-day services of the individual’s staff hired to provide direct support services to the individual;

(b) Have a commitment to work with a broad coalition of stakeholders in an effort to understand the changing needs of the workforce and of individuals’ needs, rights and preferences; and

(c) Have the ability to meet the state’s interest in preventing or mitigating disruptions to individuals’ in-home services and supports.

(4) The department may not contract with an organization under subsection (2) of this section to provide agency with choice services if the owner of or an executive officer of the organization has been convicted of Medicaid fraud in any state within the 25-year period prior to entering into the contract. [2022 c.91 §1; 2023 c.568 §1]

Note: 427.181 (Department of Human Services to contract with organizations providing agency with choice services) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 2, chapter 568, Oregon Laws 2023, provides:

Sec. 2. The Department of Human Services shall contract with an organization to deliver agency with choice services under section 1, chapter 91, Oregon Laws 2022 [ 427.181 (Department of Human Services to contract with organizations providing agency with choice services) ], no later than July 1, 2024. [2023 c.568 §2]

Source: Section 427.181 — Department of Human Services to contract with organizations providing agency with choice services; contract requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.265 — OR Code / Title 35 / Chapter 430 / Section 430.265
430.265 Contracts with federal government for substance use disorder services
Status: in_force

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. [Formerly 430.095; 2009 c.595 §477]

Source: Section 430.265 — Contracts with federal government for substance use disorder services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.880 — OR Code / Title 35 / Chapter 430 / Section 430.880
430.880 Gifts, grants or services
Status: in_force

(1) 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 (Treatment program) to 430.880 (Gifts, grants or services) .

(2) All moneys received by the authority under ORS 430.850 (Treatment program) to 430.880 (Gifts, grants or services) shall be paid into the State Treasury and deposited in the General Fund to the credit of a special account. Such moneys are appropriated continuously to the authority for the purposes of ORS 430.850 (Treatment program) to 430.880 (Gifts, grants or services) . [1973 c.340 §4; 2009 c.595 §528]

Source: Section 430.880 — Gifts, grants or services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.590 — OR Code / Title 35 / Chapter 430 / Section 430.590
430.590 Regulation of location of methadone clinic
Status: in_force

(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 (When certification required) 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 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) .

(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 (Definitions) , 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. [1991 c.574 §5; 1995 c.278 §52; 1995 c.343 §47; 2003 c.293 §14; 2013 c.588 §2; 2019 c.470 §4]

Note: 430.590 (Regulation of location of methadone clinic) 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.

Source: Section 430.590 — Regulation of location of methadone clinic; enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.221 — OR Code / Title 35 / Chapter 430 / Section 430.221
430.221 Commission members
Status: in_force

(1) As used in this section and ORS 430.220 (Director) and 430.223 (Comprehensive addiction, prevention, treatment and recovery plan) :

(a) “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 Housing and Community Services Department, the Youth Development Division, the Higher Education Coordinating Commission, the Oregon State Lottery Commission, the Oregon Liquor and Cannabis Commission, the Department of Veterans’ Affairs or any state agency that administers or funds alcohol or drug abuse prevention or treatment services.

(b) “Provider” means any person that is licensed by the Oregon Health Authority to provide alcohol or drug abuse prevention or treatment services.

(2) There is created the Alcohol and Drug Policy Commission, which is charged with improving the effectiveness and efficiency of state and local alcohol and drug abuse prevention and treatment services.

(3) The membership of the commission consists of:

(a) No more than 17 members appointed by the Governor, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) and appointed, as the Governor deems practicable, to ensure representation from stakeholders directly impacted by the work of the commission, as follows:

(A) At least 75 percent of the members appointed by the Governor must be representatives of the following public health and health care stakeholder groups:

(i) County commissioners, managers and administrators;

(ii) Indian tribes;

(iii) The following providers of addiction prevention and recovery services:

(I) Treatment providers employed by an outpatient addiction treatment program;

(II) Directors of inpatient addiction treatment centers;

(III) Addiction treatment providers who are culturally competent to serve specific cultural or ethnic populations;

(IV) Certified prevention specialists;

(V) Certified addiction counselors; and

(VI) Certified addiction recovery mentors;

(iv) Alcohol or drug treatment researchers or epidemiologists;

(v) The health insurance industry or hospitals;

(vi) Consumers of addiction recovery services who are in recovery and the family members of consumers;

(vii) Experts in addiction medicine;

(viii) Entities that provide housing to individuals who are in recovery; and

(ix) Social service providers.

(B) Up to 25 percent of the members appointed by the Governor shall be representatives of one or more of the following stakeholder groups:

(i) District attorneys.

(ii) County sheriffs.

(iii) Chiefs of police.

(iv) Criminal defense attorneys.

(v) County community corrections agencies.

(b) Two members of the Legislative Assembly appointed to the commission as nonvoting members of the commission, acting in an advisory capacity only and including:

(A) One member from among members of the Senate appointed by the President of the Senate; and

(B) One member from among members of the House of Representatives appointed by the Speaker of the House of Representatives.

(c) A judge of a circuit court appointed to the commission as a nonvoting member by the Chief Justice of the Supreme Court.

(d) The director of the behavioral health program of the Oregon Health Authority as a nonvoting member.

(e) A representative of a coordinated care organization appointed to the commission as a nonvoting member by the Governor.

(4) The Alcohol and Drug Policy Commission shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines.

(5) Intentionally left blank —Ed.

(a) A majority of the voting members of the commission constitutes a quorum for the transaction of business.

(b) If a member of the commission is absent for more than two consecutive scheduled meetings of the commission, the Director of the Alcohol and Drug Policy Commission appointed under ORS 430.220 (Director) may recommend to the Governor that the member be replaced.

(6) Official action of the commission requires the approval of a majority of a quorum.

(7) The commission may establish a steering committee and subcommittees. These committees may be continuing or temporary. A person who is not a member of the commission may be appointed by the commission to serve on a subcommittee. The commission shall appoint subcommittee members to ensure representation from all stakeholders directly impacted by the work of the commission.

(8) The term of office of each commission member appointed by the Governor is four years, but a member serves at the pleasure of the Governor. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective.

(9) The Oregon Health Authority shall provide staff support to the commission. Subject to available funding, the commission may contract with a public or private entity to provide staff support.

(10) Members of the commission who are not members of the Legislative Assembly are entitled to compensation and expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . Claims for compensation and expenses shall be paid out of funds appropriated to the Oregon Health Authority or funds appropriated to the commission for purposes of the commission. [Formerly 430.241; 2022 c.63 §2]

Note: See note under 430.220 (Director) .

Source: Section 430.221 — Commission members; terms; subcommittees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.765 — OR Code / Title 35 / Chapter 430 / Section 430.765
430.765 Duty of officials to report abuse
Status: in_force

(1) 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 (Abuse report) .

(2) Nothing contained in ORS 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) affects the duty to report imposed by subsection (1) of this section, except that a psychiatrist, psychologist, member of the clergy or attorney may not be required to report such information communicated by a person if the communication is privileged under ORS 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) .

(3) An adult who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone not be considered subjected to abuse under ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) . [1991 c.744 §§3,11; 2017 c.346 §2; 2021 c.97 §53]

Note: See note under 430.735 (Definitions for ORS 430.735 to 430.765) .

Source: Section 430.765 — Duty of officials to report abuse; exceptions for privileged communications; exception for religious practice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.630 — OR Code / Title 35 / Chapter 430 / Section 430.630
430.630 Services to be provided by community mental health programs
Status: in_force

(1) 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 provide the following basic services to persons with alcoholism or drug dependence, and persons who are alcohol or drug abusers:

(a) Outpatient services;

(b) Aftercare for persons released from hospitals;

(c) Training, case and program consultation and education for community agencies, related professions and the public;

(d) Guidance and assistance to other human service agencies for joint development of prevention programs and activities to reduce factors causing alcohol abuse, alcoholism, drug abuse and drug dependence; and

(e) Age-appropriate treatment options for older adults.

(2) As alternatives to state hospitalization, it is the responsibility of the community mental health program to ensure that, subject to the availability of funds, the following services for persons with alcoholism or drug dependence, and persons who are alcohol or drug abusers, are available when needed and approved by the Oregon Health Authority:

(a) Emergency services on a 24-hour basis, such as telephone consultation, crisis intervention and prehospital screening examination;

(b) Care and treatment for a portion of the day or night, which may include day treatment centers, work activity centers and after-school programs;

(c) Residential care and treatment in facilities such as halfway houses, detoxification centers and other community living facilities;

(d) Continuity of care, such as that provided by service coordinators, community case development specialists and core staff of federally assisted community mental health centers;

(e) Inpatient treatment in community hospitals; and

(f) Other alternative services to state hospitalization as defined by the Oregon Health Authority.

(3) In addition to any other requirements that may be established by rule of the Oregon Health Authority, each community mental health program, subject to the availability of funds, shall provide or ensure the provision of the following services to persons with mental or emotional disturbances:

(a) Screening and evaluation to determine the client’s service needs;

(b) Crisis stabilization to meet the needs of persons with acute mental or emotional disturbances, including the costs of investigations and prehearing detention in community hospitals or other facilities approved by the authority for persons involved in involuntary commitment procedures;

(c) Vocational and social services that are appropriate for the client’s age, designed to improve the client’s vocational, social, educational and recreational functioning;

(d) Continuity of care to link the client to housing and appropriate and available health and social service needs;

(e) Psychiatric care in state and community hospitals, subject to the provisions of subsection (4) of this section;

(f) Residential services;

(g) Medication monitoring;

(h) Individual, family and group counseling and therapy;

(i) Public education and information;

(j) Prevention of mental or emotional disturbances and promotion of mental health;

(k) Consultation with other community agencies;

(L) Preventive mental health services for children and adolescents, including primary prevention efforts, early identification and early intervention services. Preventive services should be patterned after service models that have demonstrated effectiveness in reducing the incidence of emotional, behavioral and cognitive disorders in children. As used in this paragraph:

(A) “Early identification” means detecting emotional disturbance in its initial developmental stage;

(B) “Early intervention services” for children at risk of later development of emotional disturbances means programs and activities for children and their families that promote conditions, opportunities and experiences that encourage and develop emotional stability, self-sufficiency and increased personal competence; and

(C) “Primary prevention efforts” means efforts that prevent emotional problems from occurring by addressing issues early so that disturbances do not have an opportunity to develop; and

(m) Preventive mental health services for older adults, including primary prevention efforts, early identification and early intervention services. Preventive services should be patterned after service models that have demonstrated effectiveness in reducing the incidence of emotional and behavioral disorders and suicide attempts in older adults. As used in this paragraph:

(A) “Early identification” means detecting emotional disturbance in its initial developmental stage;

(B) “Early intervention services” for older adults at risk of development of emotional disturbances means programs and activities for older adults and their families that promote conditions, opportunities and experiences that encourage and maintain emotional stability, self-sufficiency and increased personal competence and that deter suicide; and

(C) “Primary prevention efforts” means efforts that prevent emotional problems from occurring by addressing issues early so that disturbances do not have an opportunity to develop.

(4) A community mental health program shall assume responsibility for psychiatric care in state and community hospitals, as provided in subsection (3)(e) of this section, in the following circumstances:

(a) The person receiving care is a resident of the county served by the program. For purposes of this paragraph, “resident” means the resident of a county in which the person maintains a current mailing address or, if the person does not maintain a current mailing address within the state, the county in which the person is found, or the county in which a court-committed person with a mental illness has been conditionally released.

(b) The person has been hospitalized involuntarily or voluntarily, pursuant to ORS 426.130 (Court determination of mental illness) or 426.220 (Voluntary admission) , except for persons confined to the Secure Child and Adolescent Treatment Unit at Oregon State Hospital, or has been hospitalized as the result of a revocation of conditional release.

(c) Payment is made for the first 60 consecutive days of hospitalization.

(d) The hospital has collected all available patient payments and third-party reimbursements.

(e) In the case of a community hospital, the authority has approved the hospital for the care of persons with mental or emotional disturbances, the community mental health program has a contract with the hospital for the psychiatric care of residents and a representative of the program approves voluntary or involuntary admissions to the hospital prior to admission.

(5) Subject to the review and approval of the Oregon Health Authority, a community mental health program may initiate additional services after the services defined in this section are provided.

(6) Each community mental health program and the state hospital serving the program’s geographic area shall enter into a written agreement concerning the policies and procedures to be followed by the program and the hospital when a patient is admitted to, and discharged from, the hospital and during the period of hospitalization.

(7) Each community mental health program shall have a mental health advisory committee, appointed by the board of county commissioners or the county court or, if two or more counties have combined to provide mental health services, the boards or courts of the participating counties or, in the case of a Native American reservation, the tribal council.

(8) A community mental health program may request and the authority may grant a waiver regarding provision of one or more of the services described in subsection (3) of this section upon a showing by the county and a determination by the authority that persons with mental or emotional disturbances in that county would be better served and unnecessary institutionalization avoided.

(9) Intentionally left blank —Ed.

(a) As used in this subsection, “local mental health authority” means one of the following entities:

(A) The board of county commissioners of one or more counties that establishes or operates a community mental health program;

(B) The tribal council, in the case of a federally recognized tribe of Native Americans that elects to enter into an agreement to provide mental health services; or

(C) A regional local mental health authority comprising two or more boards of county commissioners.

(b) Each local mental health authority that provides mental health services shall determine the need for local mental health services and adopt a comprehensive local plan for the delivery of mental health services for children, families, adults and older adults that describes the methods by which the local mental health authority shall provide those services. The purpose of the local plan is to create a blueprint to provide mental health services that are directed by and responsive to the mental health needs of individuals in the community served by the local plan. A local mental health authority shall coordinate its local planning with the development of the community health improvement plan under ORS 414.575 (Community advisory councils) by the coordinated care organization serving the area. The Oregon Health Authority may require a local mental health authority to review and revise the local plan periodically.

(c) The local plan shall identify ways to:

(A) Coordinate and ensure accountability for all levels of care described in paragraph (e) of this subsection;

(B) Maximize resources for consumers and minimize administrative expenses;

(C) Provide supported employment and other vocational opportunities for consumers;

(D) Determine the most appropriate service provider among a range of qualified providers;

(E) Ensure that appropriate mental health referrals are made;

(F) Address local housing needs for persons with mental health disorders;

(G) Develop a process for discharge from state and local psychiatric hospitals and transition planning between levels of care or components of the system of care;

(H) Provide peer support services, including but not limited to drop-in centers and paid peer support;

(I) Provide transportation supports; and

(J) Coordinate services among the criminal and juvenile justice systems, adult and juvenile corrections systems and local mental health programs to ensure that persons with mental illness who come into contact with the justice and corrections systems receive needed care and to ensure continuity of services for adults and juveniles leaving the corrections system.

(d) When developing a local plan, a local mental health authority shall:

(A) Coordinate with the budgetary cycles of state and local governments that provide the local mental health authority with funding for mental health services;

(B) Involve consumers, advocates, families, service providers, schools and other interested parties in the planning process;

(C) Coordinate with the local public safety coordinating council to address the services described in paragraph (c)(J) of this subsection;

(D) Conduct a population based needs assessment to determine the types of services needed locally;

(E) Determine the ethnic, age-specific, cultural and diversity needs of the population served by the local plan;

(F) Describe the anticipated outcomes of services and the actions to be achieved in the local plan;

(G) Ensure that the local plan coordinates planning, funding and services with:

(i) The educational needs of children, adults and older adults;

(ii) Providers of social supports, including but not limited to housing, employment, transportation and education; and

(iii) Providers of physical health and medical services;

(H) Describe how funds, other than state resources, may be used to support and implement the local plan;

(I) Demonstrate ways to integrate local services and administrative functions in order to support integrated service delivery in the local plan; and

(J) Involve the local mental health advisory committees described in subsection (7) of this section.

(e) The local plan must describe how the local mental health authority will ensure the delivery of and be accountable for clinically appropriate services in a continuum of care based on consumer needs. The local plan shall include, but not be limited to, services providing the following levels of care:

(A) Twenty-four-hour crisis services;

(B) Secure and nonsecure extended psychiatric care;

(C) Secure and nonsecure acute psychiatric care;

(D) Twenty-four-hour supervised structured treatment;

(E) Psychiatric day treatment;

(F) Treatments that maximize client independence;

(G) Family and peer support and self-help services;

(H) Support services;

(I) Prevention and early intervention services;

(J) Transition assistance between levels of care;

(K) Dual diagnosis services;

(L) Access to placement in state-funded psychiatric hospital beds;

(M) Precommitment and civil commitment in accordance with ORS chapter 426; and

(N) Outreach to older adults at locations appropriate for making contact with older adults, including senior centers, long term care facilities and personal residences.

(f) In developing the part of the local plan referred to in paragraph (c)(J) of this subsection, the local mental health authority shall collaborate with the local public safety coordinating council to address the following:

(A) Training for all law enforcement officers on ways to recognize and interact with persons with mental illness, for the purpose of diverting them from the criminal and juvenile justice systems;

(B) Developing voluntary locked facilities for crisis treatment and follow-up as an alternative to custodial arrests;

(C) Developing a plan for sharing a daily jail and juvenile detention center custody roster and the identity of persons of concern and offering mental health services to those in custody;

(D) Developing a voluntary diversion program to provide an alternative for persons with mental illness in the criminal and juvenile justice systems; and

(E) Developing mental health services, including housing, for persons with mental illness prior to and upon release from custody.

(g) Services described in the local plan shall:

(A) Address the vision, values and guiding principles described in the Report to the Governor from the Mental Health Alignment Workgroup, January 2001;

(B) Be provided to children, older adults and families as close to their homes as possible;

(C) Be culturally appropriate and competent;

(D) Be, for children, older adults and adults with mental health needs, from providers appropriate to deliver those services;

(E) Be delivered in an integrated service delivery system with integrated service sites or processes, and with the use of integrated service teams;

(F) Ensure consumer choice among a range of qualified providers in the community;

(G) Be distributed geographically;

(H) Involve consumers, families, clinicians, children and schools in treatment as appropriate;

(I) Maximize early identification and early intervention;

(J) Ensure appropriate transition planning between providers and service delivery systems, with an emphasis on transition between children and adult mental health services;

(K) Be based on the ability of a client to pay;

(L) Be delivered collaboratively;

(M) Use age-appropriate, research-based quality indicators;

(N) Use best-practice innovations; and

(O) Be delivered using a community-based, multisystem approach.

(h) A local mental health authority shall submit to the Oregon Health Authority a copy of the local plan and revisions adopted under paragraph (b) of this subsection at time intervals established by the Oregon Health Authority. [1961 c.706 §40; 1973 c.639 §3; 1981 c.750 §3; 1985 c.740 §17; 1987 c.903 §37; 1991 c.777 §2; 1995 c.79 §219; 2001 c.899 §1; 2003 c.553 §5; 2003 c.782 §1; 2005 c.22 §297; 2005 c.691 §2; 2007 c.70 §230; 2009 c.595 §508; 2009 c.856 §§14,23; 2011 c.720 §§171,172; 2012 c.37 §101; 2013 c.640 §§3,4; 2023 c.248 §12]

Source: Section 430.630 — Services to be provided by community mental health programs; local mental health authorities; local mental health services plan; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.090 — OR Code / Title 35 / Chapter 426 / Section 426.090
426.090 Citation
Status: in_force

The judge shall issue a citation to the person alleged to have a mental illness stating the nature of the information filed concerning the person and the specific reasons the person is believed to be a person with mental illness. The citation shall further contain a notice of the time and place of the commitment hearing, the right to legal counsel, the right to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel immediately appointed, the right to subpoena witnesses in behalf of the person to the hearing and other information as the court may direct. The citation shall be served upon the person by delivering a duly certified copy of the original thereof to the person in person prior to the hearing. The person shall have an opportunity to consult with legal counsel prior to being brought before the court. [Amended by 1957 c.329 §2; 1967 c.459 §1; 1971 c.368 §1; 1973 c.838 §5; 1975 c.690 §4; 2013 c.360 §22]

Source: Section 426.090 — Citation; service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.358 — OR Code / Title 35 / Chapter 430 / Section 430.358
430.358 Opioid treatment center required to accept Medicare payments
Status: in_force

Rules adopted by the Oregon Health Authority, in accordance with ORS 430.357 (Minimum standards) , 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. [2021 c.405 §1]

Note: 430.358 (Opioid treatment center required to accept Medicare payments) 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.

Source: Section 430.358 — Opioid treatment center required to accept Medicare payments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.163 — OR Code / Title 35 / Chapter 427 / Section 427.163
427.163 Application of savings generated by support service brokerages
Status: in_force

The Department of Human Services shall apply any savings generated by support service brokerages developed under the Staley Settlement Agreement to provide services to individuals who are awaiting adult developmental disability support services and who are not receiving any services. [Formerly 427.450]

Source: Section 427.163 — Application of savings generated by support service brokerages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.278 — OR Code / Title 35 / Chapter 430 / Section 430.278
430.278 Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers
Status: in_force

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 certificates of approval and to ensure that the rules are consistent with the medical assistance program administrative rules that apply to behavioral health care staff operating in primary care and other settings. [2021 c.667 §6]

Note: See note under 430.274 (Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services) .

Source: Section 430.278 — Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.930 — OR Code / Title 35 / Chapter 430 / Section 430.930
430.930 Substance use disorder education at Oregon Health and Science University
Status: in_force

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. [1989 c.1046 §6]

Source: Section 430.930 — Substance use disorder education at Oregon Health and Science University , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.905 — OR Code / Title 35 / Chapter 430 / Section 430.905
430.905 Policy
Status: in_force

The Legislative Assembly declares:

(1) 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.

(2) Special attention must be focused on preventive programs and services directed at women at risk of becoming pregnant substance users as well as on pregnant women who use substances or who are at risk of substance use or abuse.

(3) It is the policy of this state to achieve desired results such as alcohol- and drug-free pregnant women and healthy infants through a holistic approach covering the following categories of needs:

(a) Biological-physical need, including but not limited to detoxification, dietary and obstetrical.

(b) Psychological need, including but not limited to support, treatment for anxiety, depression and low self-esteem.

(c) Instrumental need, including but not limited to child care, transportation to facilitate the receipt of services and housing.

(d) Informational and educational needs, including but not limited to prenatal and postpartum health, substance use and parenting. [1989 c.1046 §1]

Source: Section 430.905 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.738 — OR Code / Title 35 / Chapter 430 / Section 430.738
430.738 Privileges not applicable to abuse proceedings
Status: in_force

(1) In the case of abuse of an adult, the privileges created in ORS 40.230 (Rule 504. Psychotherapist-patient privilege) to 40.255 (Rule 505. Spousal privilege) , 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, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) .

(2) In any judicial proceedings resulting from a report made pursuant to ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) , either spouse shall be a competent and compellable witness against the other.

(3) As used in this section, “abuse” and “adult” have the meanings given those terms in ORS 430.735 (Definitions for ORS 430.735 to 430.765) . [2021 c.323 §2]

Note: 430.738 (Privileges not applicable to abuse proceedings) 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.

Source: Section 430.738 — Privileges not applicable to abuse proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.755 — OR Code / Title 35 / Chapter 430 / Section 430.755
430.755 Retaliation prohibited
Status: in_force

(1) 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.

(2) 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 actual damages and, in addition, a penalty up to $1,000, notwithstanding any other remedy provided by law.

(3) Intentionally left blank —Ed.

(a) Any adverse action is evidence of retaliation if taken within 90 days of a report.

(b) For purposes of this subsection, “adverse action” means any action taken by a facility, community program or person involved in a report against the person making the report or against the adult with respect to whom the report was made because of the report, and includes but is not limited to:

(A) Discharge or transfer from the facility, except for clinical reasons;

(B) Discharge from or termination of employment;

(C) Demotion or reduction in remuneration for services; or

(D) Restriction or prohibition of access to the facility or its residents. [1991 c.744 §8; 2003 c.443 §5]

Note: See note under 430.735 (Definitions for ORS 430.735 to 430.765) .

Source: Section 430.755 — Retaliation prohibited; liability for retaliation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.233 — OR Code / Title 35 / Chapter 426 / Section 426.233
426.233 Authority of community mental health program director and of other individuals
Status: in_force

(1) Intentionally left blank —Ed.

(a) A community mental health program director operating under ORS 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds) or a designee of the director may take one of the actions listed in paragraph (b) of this subsection when the community mental health program director or designee has probable cause to believe a person:

(A) Is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness; or

(B) Intentionally left blank —Ed.

(i) Is a person with mental illness placed on conditional release under ORS 426.125 (Qualifications and requirements for conditional release) , outpatient commitment under ORS 426.127 (Outpatient commitment) or trial visit under ORS 426.273 (Trial visits) ; and

(ii) Is dangerous to self or to any other person or is unable to provide for basic personal needs and is not receiving the care that is necessary for health and safety and is in need of immediate care, custody or treatment for mental illness.

(b) The community mental health program director or designee under the circumstances set out in paragraph (a) of this subsection may:

(A) Notify a peace officer to take the person into custody and direct the officer to remove the person to a hospital or nonhospital facility approved by the Oregon Health Authority;

(B) Authorize involuntary admission of, or, if already admitted, cause to be involuntarily retained in a nonhospital facility approved by the authority, a person approved for care or treatment at a nonhospital facility by a licensed independent practitioner under ORS 426.232 (Emergency admission) ;

(C) Notify an individual authorized under subsection (3) of this section to take the person into custody and direct the authorized individual to remove the person in custody to a hospital or nonhospital facility approved by the authority;

(D) Direct an individual authorized under subsection (3) of this section to transport a person in custody from a hospital or a nonhospital facility approved by the authority to another hospital or nonhospital facility approved by the authority as provided under ORS 426.235 (Transfer between hospital and nonhospital facilities) ; or

(E) Direct an individual authorized under subsection (3) of this section to transport a person in custody from a facility approved by the authority to another facility approved by the authority as provided under ORS 426.060 (Commitment to Oregon Health Authority) .

(2) A designee under subsection (1) of this section must meet the standards established by rule of the authority and be approved by the community mental health program director before assuming the authority permitted under subsection (1) of this section.

(3) The community mental health program director may authorize any individual to provide custody and secure transportation services for a person in custody under ORS 426.228 (Custody) . In authorizing an individual under this subsection, the community mental health program director shall grant the individual the authority to do the following:

(a) Accept custody from a peace officer of a person in custody under ORS 426.228 (Custody) ;

(b) Take custody of a person upon notification by the community mental health program director under the provisions of this section;

(c) Remove a person in custody to an approved hospital or nonhospital facility as directed by the community mental health program director;

(d) Transfer a person in custody to another individual authorized under this subsection or a peace officer;

(e) Transfer a person in custody from a hospital or nonhospital facility to another hospital facility or nonhospital facility when directed to do so by the community mental health program director; and

(f) Retain a person in custody at the approved hospital or nonhospital facility until a licensed independent practitioner makes a determination under ORS 426.232 (Emergency admission) .

(4) An individual authorized under subsection (3) of this section must meet the standards established by rule of the authority and be approved by the community mental health program director before assuming the authority granted under this section.

(5) The costs of transporting a person under ORS 426.060 (Commitment to Oregon Health Authority) , 426.228 (Custody) or 426.235 (Transfer between hospital and nonhospital facilities) by an individual authorized under subsection (3) of this section shall be the responsibility of the community mental health program in the county in which the authorized individual is directed by a peace officer or a community mental health program director to take custody of a person and to transport the person to a facility approved by the authority, but the community mental health program shall not be responsible for costs that exceed the amount provided by the state for that transportation. An individual authorized to act under subsection (3) of this section shall charge the cost of emergency medical transportation to, and collect that cost from, the person, third party payers or other legally or financially responsible individuals or entities in the same manner that costs for the transportation of other persons are charged and collected. [1993 c.484 §5; 1997 c.531 §5; 2009 c.595 §405; 2013 c.360 §41; 2015 c.461 §14; 2015 c.785 §3]

Note: See note under 426.228 (Custody) .

Source: Section 426.233 — Authority of community mental health program director and of other individuals; costs of transportation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 428.205 — OR Code / Title 35 / Chapter 428 / Section 428.205
428.205 Declaration of policy
Status: in_force

It is declared to be the policy and intent of the Legislative Assembly that whenever a person physically present in the State of Oregon is in need of institutionalization by reason of mental illness or in need of residential care, treatment or training by reason of an intellectual disability, the person shall be eligible for care and treatment in an institution or facility of the State of Oregon irrespective of the residence of the person, settlement or citizenship qualifications. [1975 c.155 §2; 2007 c.70 §223; 2013 c.36 §16]

Source: Section 428.205 — Declaration of policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 430.495 — OR Code / Title 35 / Chapter 430 / Section 430.495
430.495 Content of diversion plan
Status: in_force

(1) 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. Such statement shall include a voluntary waiver of stipulated rights as necessary to implement the approved plan. Any authorized waiver under this section shall not extend beyond the time of participation by the person in the diversion plan.

(2) No individual diversion plan shall continue for more than the maximum time a person can be sentenced for the offense charged. [1977 c.871 §§17,21]

Source: Section 430.495 — Content of diversion plan; duration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.955 — OR Code / Title 35 / Chapter 430 / Section 430.955
430.955 Standardized screening instrument
Status: in_force

(1) 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.

(2) The authority and the Oregon Health and Science University shall request the boards responsible for the licensing of health care providers and appropriate professional organizations to work with them to conduct a series of training sessions for health professionals who provide maternity care on how to assess drug use in pregnancy. [1991 c.706 §4; 2001 c.900 §142; 2009 c.595 §531]

Note: 430.955 (Standardized screening instrument) 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.

Source: Section 430.955 — Standardized screening instrument; assessing drug use during pregnancy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.709 — OR Code / Title 35 / Chapter 430 / Section 430.709
430.709 Funding of regional centers for treatment of adolescents with substance use disorders
Status: in_force

(1) In accordance with ORS 430.357 (Minimum standards) , 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.

(2) The authority shall define by rule a minimum number of inpatient beds and outpatient slots necessary for effective treatment and economic operation of any regional center funded by state funds.

(3) The areas to be served by any treatment facility shall be determined by the following:

(a) Areas that demonstrate the most need;

(b) Areas with no treatment program or an inadequate program; and

(c) Areas where there is strong, organized community support for youth treatment programs.

(4) The area need is determined by the local planning committee for alcohol and drug prevention and treatment services under ORS 430.342 (Local planning committees) using the following information:

(a) Current area youth admissions to treatment programs;

(b) Per capita consumption of alcohol in the area;

(c) Percentage of area population between 10 and 18 years of age;

(d) Whether the area has effective, specialized outpatient and early intervention services in place;

(e) Whether the area suffers high unemployment and economic depression; and

(f) Other evidence of need.

(5) As used in this section, “regional center” means a community residential treatment facility including intensive residential and outpatient care for adolescents with drug and alcohol dependencies. [Formerly 430.395]

Note: 430.709 (Funding of regional centers for treatment of adolescents with substance use disorders) 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.

Source: Section 430.709 — Funding of regional centers for treatment of adolescents with substance use disorders; rules; criteria for areas served by centers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.130 — OR Code / Title 35 / Chapter 426 / Section 426.130
426.130 Court determination of mental illness
Status: in_force

(1) After hearing all of the evidence, and reviewing the findings of the examiners, the court shall determine whether the person has a mental illness and is in need of treatment. If, in the opinion of the court, the person:

(a) Is a person with mental illness based upon clear and convincing evidence, the court:

(A) Shall order the release of the person and dismiss the case if:

(i) The person is willing and able to participate in treatment on a voluntary basis; and

(ii) The court finds that the person will probably do so.

(B) May order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125 (Qualifications and requirements for conditional release) . If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.

(C) May order commitment of the person with mental illness to the Oregon Health Authority for treatment if, in the opinion of the court, subparagraph (A) or (B) of this paragraph is not in the best interest of the person. If the court orders commitment under this subparagraph:

(i) The court shall establish a period of commitment.

(ii) The authority may place the committed person in outpatient commitment under ORS 426.127 (Outpatient commitment) .

(D) Shall order that the person be prohibited from purchasing or possessing a firearm if, in the opinion of the court, there is a reasonable likelihood the person would constitute a danger to self or others or to the community at large as a result of the person’s mental or psychological state as demonstrated by past behavior or participation in incidents involving unlawful violence or threats of unlawful violence, or by reason of a single incident of extreme, violent, unlawful conduct. When a court makes an order under this subparagraph, the court shall cause a copy of the order to be delivered to the sheriff of the county who will enter the information into the Law Enforcement Data System.

(b) Is not a person with mental illness, the court shall release the person from custody if the person has been detained under ORS 426.070 (Initiation) , 426.180 (Emergency commitment of individuals in Indian country) , 426.228 (Custody) , 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) and:

(A) Dismiss the case; or

(B) Order the person to participate in assisted outpatient treatment in accordance with ORS 426.133 (Assisted outpatient treatment) . The court may continue the proceeding for no more than seven days to allow time for the community mental health program director to develop the person’s assisted outpatient treatment plan.

(2) A court that orders a conditional release, a commitment or assisted outpatient treatment under this section shall establish a period of commitment or treatment for the person subject to the order. Any period of commitment ordered for commitment or conditional release under this section shall be for a period of time not to exceed 180 days. A period of assisted outpatient treatment shall be for a period of time not to exceed 12 months.

(3) If the commitment proceeding was initiated under ORS 426.070 (Initiation) (1)(a) and if the notice included a request under ORS 426.070 (Initiation) (2)(d)(B), the court shall notify the two persons of the court’s determination under subsection (1) of this section.

(4) If the court finds that the person is a person with mental illness and either orders commitment under subsection (1)(a)(B) or (C) of this section or enters an order under subsection (1)(a)(D) of this section, the court shall notify the person that the person is prohibited from purchasing or possessing a firearm under state and federal law unless the person obtains relief from the prohibition from the Psychiatric Security Review Board under ORS 166.273 (Relief from firearm prohibitions related to mental health) or under federal law. [Amended by 1973 c.838 §12; 1975 c.690 §8; 1979 c.408 §3; 1987 c.903 §17; 1989 c.839 §36; 1993 c.735 §9; 1995 c.498 §2; 2009 c.595 §393; 2013 c.360 §30; 2013 c.737 §6; 2017 c.233 §2]

Source: Section 426.130 — Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; assisted outpatient treatment; prohibition relating to firearms; period of commitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.637 — OR Code / Title 35 / Chapter 430 / Section 430.637
430.637 Criteria for certificate of approval issued to mental health or substance use disorder treatment provider
Status: in_force

(1) As used in this section:

(a) “Assessment” means an on-site quality assessment of an organizational provider that is conducted:

(A) If the provider has not been accredited by a national organization meeting the quality standards of the Oregon Health Authority;

(B) By the Oregon Health Authority, another state agency or a contractor on behalf of the authority or another state agency; and

(C) For the purpose of issuing a certificate of approval.

(b) “Organizational provider” means an organization that provides mental health treatment or chemical dependency treatment and is not a coordinated care organization.

(2) The Oregon Health Authority shall convene a committee, in accordance with ORS 183.333 (Policy statement) , to advise the authority with respect to the adoption, by rule, of criteria for an assessment. The advisory committee shall advise the authority during the development of the criteria. The advisory committee shall be reconvened as needed to advise the authority with respect to updating the criteria to conform to changes in national accreditation standards or federal requirements for health plans and to advise the authority on opportunities to improve the assessment process. The advisory committee shall include, but is not limited to:

(a) A representative of each coordinated care organization certified by the authority;

(b) Representatives of organizational providers;

(c) Representatives of insurers and health care service contractors that have been accredited by the National Committee for Quality Assurance; and

(d) Representatives of insurers that offer Medicare Advantage Plans that have been accredited by the National Committee for Quality Assurance.

(3) The advisory committee described in subsection (2) of this section shall recommend:

(a) Objective criteria for a shared assessment tool that complies with national accreditation standards and federal requirements for health plans;

(b) Procedures for conducting an assessment;

(c) Procedures to eliminate redundant reporting requirements for organizational providers; and

(d) A process for addressing concerns that arise between assessments regarding compliance with quality standards.

(4) If another state agency, or a contractor on behalf of the state agency, conducts an assessment that meets the criteria adopted by the authority under subsection (2) of this section, the authority may rely on the assessment as evidence that the organizational provider meets the assessment requirement for receiving a certificate of approval.

(5) The authority shall provide a report of an assessment to the organizational provider that was assessed and, upon request, to a coordinated care organization, insurer or health care service contractor.

(6) If an organizational provider has not been accredited by a national organization that is acceptable to a coordinated care organization, the coordinated care organization shall rely on the assessment conducted in accordance with the criteria adopted under subsection (2) of this section as evidence that the organizational provider meets the assessment requirement.

(7) This section does not:

(a) Prevent a coordinated care organization from requiring its own on-site quality assessment if the authority, another state agency or a contractor on behalf of the authority or another state agency has not conducted an assessment in the preceding 36-month period; or

(b) Require a coordinated care organization to contract with an organizational provider.

(8) Intentionally left blank —Ed.

(a) The authority shall adopt by rule standards for determining whether information requested by a coordinated care organization from an organizational provider is redundant with respect to the reporting requirements for an assessment or if the information is outside of the scope of the assessment criteria.

(b) A coordinated care organization may request additional information from an organizational provider, in addition to the report of the assessment, if the request:

(A) Is not redundant and is within the scope of the assessment according to standards adopted by the authority as described in this subsection; and

(B) Is necessary to resolve questions about whether an organizational provider meets the coordinated care organization’s policies and procedures for credentialing.

(c) The authority shall implement a process for resolving a complaint by an organizational provider that a reporting requirement imposed by a coordinated care organization is redundant or outside of the scope of the assessment criteria.

(9) Intentionally left blank —Ed.

(a) The authority shall establish and maintain a database containing the documents required by coordinated care organizations for the purpose of credentialing an organizational provider.

(b) With the advice of the committee described in subsection (2) of this section, the authority shall adopt by rule the content and operational function of the database including, at a minimum:

(A) The types of organizational providers for which information is stored in the database;

(B) The types and contents of documents that are stored in the database;

(C) The frequency by which the documents the authority shall obtain updated documents;

(D) The means by which the authority will obtain the documents; and

(E) The means by which coordinated care organizations can access the documents in the database.

(c) The authority shall provide training to coordinated care organization staff who are responsible for processing credentialing requests on the use of the database. [2013 c.362 §1; 2015 c.152 §1]

Note: 430.637 (Criteria for certificate of approval issued to mental health or substance use disorder treatment provider) and 430.638 (Immunity from civil liability for reliance on certificate of approval) were enacted into law by the Legislative Assembly but were 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.

Source: Section 430.637 — Criteria for certificate of approval issued to mental health or substance use disorder treatment provider; advisory committee; reporting requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.127 — OR Code / Title 35 / Chapter 426 / Section 426.127
426.127 Outpatient commitment
Status: in_force

The following provisions are applicable to outpatient commitment under ORS 426.130 (Court determination of mental illness) as described:

(1) The Oregon Health Authority may only place a person in an outpatient commitment if an adequate treatment facility is available.

(2) At the time of the hearing under ORS 426.095 (Commitment hearing) , the community mental health program director, or a designee for the director, for the county in which the hearing takes place shall set the conditions for the outpatient commitment. The conditions shall include, but not be limited to, the following:

(a) Provision for outpatient care.

(b) A designation of a facility, service or other provider to provide care or treatment.

(3) A copy of the conditions shall be given to all of the individuals and entities described in ORS 426.278 (Distribution of copies of conditions for outpatient commitment or trial visit) .

(4) Any outpatient commitment ordered under this section is subject to the provisions under ORS 426.275 (Effect of failure to adhere to condition of placement) .

(5) The community mental health program director or designee, for the county where a person is on outpatient commitment, may modify the conditions for outpatient commitment when a modification is in the best interest of the person. The community mental health program director or designee shall send notification of such changes and the reasons for the changes to all those who received a copy of the original conditions under ORS 426.278 (Distribution of copies of conditions for outpatient commitment or trial visit) . [1987 c.903 §19; 1989 c.171 §52; 2003 c.14 §236; 2009 c.595 §392; 2013 c.360 §29]

Source: Section 426.127 — Outpatient commitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.245 — OR Code / Title 35 / Chapter 430 / Section 430.245
430.245 Identification of costs and cost savings from program
Status: in_force

(1) At least once per biennium, the Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee shall, in conjunction with the Oregon Health Authority, identify:

(a) The costs to state government that were avoided as a result of the Improving People’s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231 (Improving People’s Access to Community-based Treatment, Supports and Services Program established) ; and

(b) Any increased costs to local governments as a result of the program.

(2) No later than January 1 of each odd-numbered year, the committee shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245 (Form of report to legislature) , that includes the costs described in subsection (1) of this section and describes the methodology employed by the committee in determining the costs.

(3) Annually, the committee shall submit a report, in the manner provided in ORS 192.245 (Form of report to legislature) , on the outcome measures or the results of evaluations of the program to the interim committees of the Legislative Assembly related to health and the judiciary and to the Governor. [2019 c.563 §7]

Note: 430.245 (Identification of costs and cost savings from program) 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.

(Prevention, Intervention, Treatment and Recovery)

Source: Section 430.245 — Identification of costs and cost savings from program; annual report to Legislative Assembly on costs, cost savings and outcomes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.212 — OR Code / Title 35 / Chapter 430 / Section 430.212
430.212 Reconnection of family members to individual with developmental disability
Status: in_force

(1) 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 (Definitions) .

(2) 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 members when:

(a) The individual is incapable of providing consent for the release of information;

(b) The individual does not have a guardian or any representative designated by the individual who is authorized to release information; and

(c) The release of information is in the best interests of the individual as determined by the department. [2005 c.550 §2; 2011 c.658 §39]

Note: 430.212 (Reconnection of family members to individual with developmental disability) 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.

Source: Section 430.212 — Reconnection of family members to individual with developmental disability; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.232 — OR Code / Title 35 / Chapter 426 / Section 426.232
426.232 Emergency admission
Status: in_force

(1) If a licensed independent practitioner believes a person who is brought to a hospital or nonhospital facility by a peace officer under ORS 426.228 (Custody) or by an individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) , or believes a person who is at a hospital or nonhospital facility, is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness, and the licensed independent practitioner is not related to the person by blood or marriage, the licensed independent practitioner may do one of the following:

(a) Detain the person and cause the person to be admitted or, if the person is already admitted, cause the person to be retained in a hospital where the licensed independent practitioner has admitting privileges or is on staff.

(b) Approve the person for emergency care or treatment at a nonhospital facility approved by the authority.

(2) When approving a person for emergency care or treatment at a nonhospital facility under this section, the licensed independent practitioner shall notify immediately the community mental health program director in the county where the person was taken into custody and maintain the person, if the person is being held at a hospital, for as long as is feasible given the needs of the person for mental or physical health or safety. However, under no circumstances may the person be held for longer than five judicial days. [1993 c.484 §4; 1995 c.201 §3; 1997 c.531 §4; 2009 c.595 §404; 2013 c.360 §40; 2015 c.461 §13]

Note: See note under 426.228 (Custody) .

Source: Section 426.232 — Emergency admission; notice; limit of hold , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.505 — OR Code / Title 35 / Chapter 430 / Section 430.505
430.505 Expunction of verdict
Status: in_force

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. [1977 c.871 §20]

Source: Section 430.505 — Expunction of verdict , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.005 — OR Code / Title 35 / Chapter 427 / Section 427.005
427.005 Definitions
Status: in_force

As used in this chapter:

(1) “Adaptive behavior” means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected for age and cultural group.

(2) “Care” means:

(a) Supportive services, including, but not limited to, provision of room and board;

(b) Supervision;

(c) Protection; and

(d) Assistance in bathing, dressing, grooming, eating, management of money, transportation or recreation.

(3) “Community developmental disabilities program director” means the director of a community developmental disabilities program described in ORS 430.620 (Establishment of community mental health and developmental disabilities programs by one or more counties) (1)(a) or (c).

(4) “Developmental disability” means autism, cerebral palsy, epilepsy or other condition diagnosed by a qualified professional that:

(a) Originates before an individual is 22 years of age and is expected to continue indefinitely;

(b) Results in a significant impairment in adaptive behavior as measured by a qualified professional;

(c) Is not attributed primarily to other conditions including, but not limited to, a mental or emotional disorder, sensory impairment, substance abuse, personality disorder, learning disability or attention deficit hyperactivity disorder; and

(d) Requires supports similar to those required by an individual with an intellectual disability.

(5) “Director of the facility” means the person in charge of care, treatment and training programs at a facility.

(6) “Facility” means a group home, activity center, community mental health clinic or other facility or program that the Department of Human Services approves to provide necessary services to persons with intellectual disabilities or other developmental disabilities.

(7) “Incapacitated” means a person is unable, without assistance, to properly manage or take care of personal affairs, including but not limited to financial and medical decision-making, or is incapable, without assistance, of self-care.

(8) “Independence” means the extent to which persons with intellectual disabilities or other developmental disabilities exert control and choice over their own lives.

(9) “Integration” means:

(a) Use by persons with intellectual disabilities or other developmental disabilities of the same community resources that are used by and available to other persons;

(b) Participation by persons with intellectual disabilities or other developmental disabilities in the same community activities in which persons without disabilities participate, together with regular contact with persons without disabilities; and

(c) Residence by persons with intellectual disabilities or other developmental disabilities in homes or in home-like settings that are in proximity to community resources, together with regular contact with persons without disabilities in their community.

(10) Intentionally left blank —Ed.

(a) “Intellectual disability” means an intelligence quotient of 70 or below as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age.

(b) An individual with intelligence quotients of 71 through 75 may be considered to have an intellectual disability if there is also significant impairment in adaptive behavior, as diagnosed and measured by a qualified professional.

(c) The impairment in adaptive behavior must be directly related to the intellectual disability.

(11) “Minor” means an unmarried person under 18 years of age.

(12) “Naturopathic physician” has the meaning given the term in ORS 685.010 (Definitions) .

(13) “Physician” means a person licensed by the Oregon Medical Board to practice medicine and surgery.

(14) “Productivity” means regular engagement in income-producing work, preferably competitive employment with supports and accommodations to the extent necessary, by a person with an intellectual disability or another developmental disability which is measured through improvements in income level, employment status or job advancement or engagement by a person with an intellectual disability or another developmental disability in work contributing to a household or community.

(15) “Service coordination” means person-centered planning, case management, procuring, coordinating and monitoring of services under an individualized support plan to establish desired outcomes, determine needs and identify resources for a person with developmental disabilities and advocating for the person.

(16) “Training” means:

(a) The systematic, planned maintenance, development or enhancement of self-care, social or independent living skills; or

(b) The planned sequence of systematic interactions, activities, structured learning situations or education designed to meet each person’s specified needs in the areas of physical, emotional, intellectual and social growth.

(17) “Treatment” means the provision of specific physical, mental, social interventions and therapies that halt, control or reverse processes that cause, aggravate or complicate malfunctions or dysfunctions. [1959 c.331 §10; 1961 c.706 §27; 1965 c.339 §1; subsection (2) enacted as 1965 c.595 §5; 1967 c.299 §1; 1979 c.683 §2; 1985 c.463 §1; 1985 c.565 §69; 1991 c.67 §111; 2001 c.900 §126; 2007 c.70 §215; 2009 c.828 §24; 2011 c.720 §§165,234; 2013 c.36 §3; 2017 c.356 §49; 2019 c.455 §7; 2021 c.192 §3]

Source: Section 427.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.074 — OR Code / Title 35 / Chapter 426 / Section 426.074
426.074 Investigation
Status: in_force

The following is applicable to an investigation initiated by a community mental health program director, or a designee of the director, as part of commitment procedures under ORS 426.070 (Initiation) and 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) :

(1) If the person alleged to have a mental illness is held in custody before the hearing the investigation shall be completed at least 24 hours before the hearing under ORS 426.095 (Commitment hearing) , otherwise the investigation shall comply with the following time schedule:

(a) If the person can be located, the investigator shall contact the person within three judicial days from the date the community mental health program director or a designee receives a notice under ORS 426.070 (Initiation) alleging that the person has a mental illness and is in need of treatment.

(b) Within 15 days from the date the community mental health program director or a designee receives a notice under ORS 426.070 (Initiation) , one of the following shall occur:

(A) The investigation shall be completed and submitted to the court.

(B) An application for extension shall be made to the court under paragraph (c) of this subsection.

(c) The community mental health program director, a designee or the investigator may file for an extension of the time under paragraph (b) of this subsection only if one of the following occurs:

(A) A treatment option less restrictive than involuntary inpatient commitment is actively being pursued.

(B) The person alleged to have a mental illness cannot be located.

(d) A court may grant an extension under paragraph (c) of this subsection for a time and upon the terms and conditions the court considers appropriate.

(2) This subsection establishes a nonexclusive list of provisions applicable to the content of the investigation, as follows:

(a) The investigation conducted should, where appropriate, include an interview or examination of the person alleged to have a mental illness in the home of the person or other place familiar to the person.

(b) Whether or not the person consents, the investigation should include interviews with any individuals that the investigator has probable cause to believe have pertinent information regarding the investigation. If the person objects to the contact with any individual, the objection shall be noted in the investigator’s report.

(c) The investigator shall be allowed access to licensed independent practitioners, nurses or social workers and to medical records compiled during the current involuntary prehearing period of detention to determine probable cause and to develop alternatives to commitment. If commitment is proposed because the person appears to be a person with mental illness as defined in ORS 426.005 (Definitions for ORS 426.005 to 426.390) (1)(f)(C), the investigator shall be allowed access to medical records necessary to verify the existence of criteria described in ORS 426.005 (Definitions for ORS 426.005 to 426.390) (1)(f)(C). The investigator shall include pertinent parts of the medical record in the investigation report. Records and communications described in this paragraph and related communications are not privileged under ORS 40.230 (Rule 504. Psychotherapist-patient privilege) , 40.235 (Rule 504-1. Physician-patient privilege) , 40.240 (Rule 504-2. Nurse-patient privilege) or 40.250 (Rule 504-4. Regulated social worker-client privilege) .

(3) A copy of the investigation report shall be provided as soon as possible, but in no event later than 24 hours prior to the hearing, to the person and to the person’s counsel. Copies shall likewise be provided to counsel assisting the court, to the examiners and to the court for use in questioning witnesses. [1987 c.903 §10; 1989 c.993 §5; 1993 c.484 §14; 1997 c.649 §1; 2009 c.595 §387; 2009 c.828 §27; 2013 c.360 §20; 2015 c.461 §4]

Source: Section 426.074 — Investigation; procedure; content; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.100 — OR Code / Title 35 / Chapter 426 / Section 426.100
426.100 Advice of court
Status: in_force

(1) At the time the person alleged to have a mental illness is brought before the court, the court shall advise the person of the following:

(a) The reason for being brought before the court;

(b) The nature of the proceedings;

(c) The possible results of the proceedings;

(d) The right to subpoena witnesses; and

(e) The person’s rights regarding representation by or appointment of counsel.

(2) Subsection (3) of this section establishes the rights of persons alleged to have a mental illness in each of the following circumstances:

(a) When the person is held by warrant of detention issued under ORS 426.070 (Initiation) .

(b) In commitment hearings under ORS 426.095 (Commitment hearing) .

(c) When the person is detained as provided under ORS 426.228 (Custody) , 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) .

(d) In recommitment hearings under ORS 426.307 (Court hearing) .

(3) When provided under subsection (2) of this section, a person alleged to have a mental illness has the following rights relating to representation by or appointment of counsel:

(a) The right to obtain suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case during the proceedings.

(b) If the person is determined to be financially eligible for appointed counsel at state expense, the court will appoint legal counsel to represent the person. If counsel is appointed at state expense, payment of expenses and compensation relating to legal counsel shall be made as provided under ORS 426.250 (Payment of costs related to commitment proceedings) .

(c) If the person alleged to have a mental illness does not request legal counsel, the legal guardian, relative or friend may request the assistance of suitable legal counsel on behalf of the person.

(d) If no request for legal counsel is made, the court shall appoint suitable legal counsel unless counsel is expressly, knowingly and intelligently refused by the person.

(e) If the person is being involuntarily detained before a hearing on the issue of commitment, the right under paragraph (a) of this subsection to contact an attorney or under paragraph (b) of this subsection to have an attorney appointed may be exercised as soon as reasonably possible.

(f) In all cases suitable legal counsel shall be present at the hearing and may be present at examination and may examine all witnesses offering testimony, and otherwise represent the person.

(4) The responsibility for representing the state’s interest in commitment proceedings, including, but not limited to, preparation of the state’s case and appearances at commitment hearings is as follows:

(a) The Attorney General’s office shall have the responsibility relating to proceedings initiated by state hospital staff that are any of the following:

(A) Recommitment proceedings under ORS 426.307 (Court hearing) ; or

(B) Proceedings under ORS 426.228 (Custody) , 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) .

(b) The district attorney if requested to do so by the governing body of the county.

(c) In lieu of the district attorney under paragraph (b) of this subsection, a counsel designated by the governing body of a county shall take the responsibility. A county governing body may designate counsel to take responsibility under this paragraph either for single proceedings or for all such proceedings the county will be obligated to pay for under ORS 426.250 (Payment of costs related to commitment proceedings) . If a county governing body elects to proceed under this paragraph, the county governing body shall so notify the district attorney. The expenses of an attorney appointed under this paragraph shall be paid as provided under ORS 426.250 (Payment of costs related to commitment proceedings) . [Amended by 1967 c.458 §1; 1971 c.368 §2; 1973 c.838 §6; 1975 c.690 §6; 1977 c.259 §1; 1979 c.574 §§1,2; 1979 c.867 §10; 1981 s.s. c.3 §133; 1987 c.903 §14; 1993 c.484 §17; 2001 c.962 §57; 2013 c.360 §24]

Source: Section 426.100 — Advice of court; appointment of legal counsel; costs; representation of state’s interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.342 — OR Code / Title 35 / Chapter 430 / Section 430.342
430.342 Local planning committees
Status: in_force

(1) 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:

(a) Appoint a local planning committee for alcohol and drug prevention and treatment services; or

(b) Designate an already existing body to act as the local planning committee for alcohol and drug prevention and treatment services.

(2) The committee shall coordinate with local Behavioral Health Resource Networks, described in ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) , to identify needs and establish priorities for alcohol and drug prevention and treatment services that best suit the needs and values of the community and shall report its findings to the Oregon Health Authority, the governing bodies of the counties served by the committee and the budget advisory committee of the commission.

(3) Members of the local planning committee shall be representative of the geographic area and shall be persons with interest or experience in developing alcohol and drug prevention and treatment services. The membership of the committee shall include a number of minority members which reasonably reflects the proportion of the need for prevention, treatment and rehabilitation services of minorities in the community. [1977 c.856 §3; 2001 c.899 §3; 2009 c.595 §483; 2011 c.673 §21; 2023 c.248 §1]

Note: See note under 430.338 (Purposes of laws related to alcoholism) .

Source: Section 430.342 — Local planning committees; duties; members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.290 — OR Code / Title 35 / Chapter 427 / Section 427.290
427.290 Determination by court of need for commitment
Status: in_force

After hearing all of the evidence, and reviewing the findings of the investigation and other examiners, the court shall determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training. If in the opinion of the court the person is not in need of commitment for residential care, treatment and training, the person shall be discharged. If in the opinion of the court the person has, by clear and convincing evidence, an intellectual disability and is in need of commitment for residential care, treatment and training, the court may order as follows:

(1) If the person can give informed consent and is willing and able to participate in treatment and training on a voluntary basis, and the court finds that the person will do so, the court shall order release of the person and dismiss the case.

(2) If a relative, a friend or legal guardian of the person requests that the relative, friend or legal guardian be allowed to care for the person for a period of one year in a place satisfactory to the court and shows that the relative, friend or legal guardian is able to care for the person and that there are adequate financial resources available for the care of the person, the court may commit the person and order that the person be conditionally released and placed in the care and custody of the relative, friend or legal guardian. The order may be revoked and the person committed to the Department of Human Services for the balance of the year whenever, in the opinion of the court, it is in the best interest of the person.

(3) If in the opinion of the court voluntary treatment and training or conditional release is not in the best interest of the person, the court may order the commitment of the person to the department for care, treatment or training. The commitment shall be for a period not to exceed one year with provisions for continuing commitment pursuant to ORS 427.235 (Notice to court of need for commitment) to 427.292 (Parental consent required for involuntary commitment of minor child) . A new diagnostic evaluation under ORS 427.270 (Report of diagnostic evaluation) is not required for proceedings to determine continued commitment.

(4) If in the opinion of the court the person may be incapacitated, the court may appoint a legal guardian or conservator pursuant to ORS chapter 125. The appointment of a guardian or conservator shall be a separate order from the order of commitment. [1979 c.683 §24; 1995 c.664 §97; 2011 c.658 §21; 2013 c.36 §9; 2023 c.339 §9]

Source: Section 427.290 — Determination by court of need for commitment; discharge; conditional release; commitment; appointment of guardian or conservator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.060 — OR Code / Title 35 / Chapter 426 / Section 426.060
426.060 Commitment to Oregon Health Authority
Status: in_force

(1) Commitments to the Oregon Health Authority shall be made only by the judge of a circuit court in a county of this state.

(2) The following is a nonexclusive list of powers the authority may exercise concerning the placement of persons committed or persons receiving emergency care and treatment under ORS 426.070 (Initiation) , 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) or 426.237 (Prehearing detention) :

(a) In its discretion and for reasons which are satisfactory to the authority, the authority may direct any court-committed person to the facility best able to treat the person. The decision of the authority on such matters shall be final.

(b) At any time, for good cause and in the best interest of the person with mental illness, the authority may transfer a committed person from one facility to another. When transferring a person under this paragraph, the authority shall make the transfer:

(A) If the transfer is from a facility in one class to a facility of the same class, as provided by rule of the authority;

(B) If the transfer is from a facility in one class to a facility in a less restrictive class, by following the procedures for trial visits under ORS 426.273 (Trial visits) ; and

(C) If the transfer is from a facility in one class to a facility in a more restrictive class, by following the procedures under ORS 426.275 (Effect of failure to adhere to condition of placement) .

(c) At any time, for good cause and in the best interest of the person with mental illness, the authority may transfer a person receiving emergency care and treatment under ORS 426.070 (Initiation) or 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) , or intensive treatment under ORS 426.237 (Prehearing detention) , between hospitals and nonhospital facilities approved by the authority to provide emergency care or treatment as defined by rule of the authority.

(d) Pursuant to its rules, the authority may delegate to a community mental health program director the responsibility for assignment of persons with mental illness to suitable facilities or transfer between such facilities under conditions which the authority may define. [Amended by 1955 c.651 §6; 1963 c.254 §1; 1967 c.534 §19; 1973 c.838 §2; 1975 c.690 §1; 1987 c.903 §6; 1993 c.484 §12; 2009 c.595 §384; 2013 c.360 §17]

Source: Section 426.060 — Commitment to Oregon Health Authority; powers of authority; placement; transfer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.295 — OR Code / Title 35 / Chapter 426 / Section 426.295
426.295 Judicial determination of competency
Status: in_force

(1) No person admitted to a state hospital for the treatment of mental illness shall be considered by virtue of the admission to be incompetent.

(2) Upon petition of a person committed to a state hospital, or the guardian, relative or creditor of the person or other interested person, the court of competent jurisdiction in the county in which the state hospital is located or, if the petitioner requests a hearing in the county where the commitment originated, then the court in such county shall hold a hearing to determine whether or not the person in the state hospital is competent. A guardian who is not the petitioner shall be notified of the hearing at least three days before the date set for hearing. After the hearing the court shall enter an order pursuant to its finding and serve a copy of the order on the petitioner and forward a copy of the order to the committing court.

(3) When a person committed to a state hospital has been declared incompetent pursuant to subsection (2) of this section and is discharged from the hospital, the superintendent of the hospital shall advise the court which entered the order of incompetency whether or not, in the opinion of the chief medical officer of the hospital on the basis of medical evidence, the person is competent. The superintendent shall make a reasonable effort to notify the discharged person of the advice to the court. If the court is advised that the person is competent, the court shall enter an order to that effect. If the court is advised that the person is not competent, upon petition of the person, the guardian, relative or creditor of the person or other interested person, the court shall hold a hearing to determine whether or not the discharged person is competent. The court shall serve a copy of any order entered pursuant to this subsection on the person and forward a copy of such order to the committing court. [1965 c.628 §2; 1967 c.460 §1; 1969 c.391 §7]

Source: Section 426.295 — Judicial determination of competency; restoration of competency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.347 — OR Code / Title 35 / Chapter 427 / Section 427.347
427.347 Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation
Status: in_force

(1) Notwithstanding the continuous appropriation of moneys in the Developmental Disabilities Community Housing Fund established under ORS 427.340 (Developmental Disabilities Community Housing Fund) , the balance of moneys remaining in the Community Housing Trust Account established in ORS 427.340 (Developmental Disabilities Community Housing Fund) on January 1, 2020, that are unexpended, unobligated and not subject to any conditions shall be transferred to the Oregon Community Foundation for the purposes described in ORS 427.335 (Authority of department to develop community housing) . The foundation shall be advised by and shall consult with the advisory committee appointed under ORS 427.348 (Appointment of advisory committee) regarding any expenditures made from the moneys transferred to the foundation under this section.

(2) The Oregon Community Foundation shall annually report to the Department of Human Services the balance remaining of the moneys transferred under subsection (1) of this section and the uses for expenditures made from the moneys transferred. If the department finds that any expenditure is not authorized under the requirements of ORS 427.335 (Authority of department to develop community housing) , the foundation must pay to the department the amount of the unauthorized expenditure. The department shall deposit the payment to the Developmental Disabilities Community Housing Fund. [2019 c.551 §1]

Note: 427.347 (Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation) and 427.348 (Appointment of advisory committee) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 427.347 — Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.228 — OR Code / Title 35 / Chapter 426 / Section 426.228
426.228 Custody
Status: in_force

(1) A peace officer may take into custody a person who the officer has probable cause to believe is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program director, a peace officer shall remove a person taken into custody under this section to the nearest hospital or nonhospital facility approved by the Oregon Health Authority. The officer shall prepare a written report and deliver it to the licensed independent practitioner who is treating the person. The report shall state:

(a) The reason for custody;

(b) The date, time and place the person was taken into custody; and

(c) The name of the community mental health program director and a telephone number where the director may be reached at all times.

(2) A peace officer shall take a person into custody when the community mental health program director, pursuant to ORS 426.233 (Authority of community mental health program director and of other individuals) , notifies the peace officer that the director has probable cause to believe that the person is imminently dangerous to self or to any other person. As directed by the community mental health program director, the peace officer shall remove the person to a hospital or nonhospital facility approved by the authority. The community mental health program director shall prepare a written report that the peace officer shall deliver to the licensed independent practitioner who is treating the person. The report shall state:

(a) The reason for custody;

(b) The date, time and place the person was taken into custody; and

(c) The name of the community mental health program director and a telephone number where the director may be reached at all times.

(3) If more than one hour will be required to transport the person to the hospital or nonhospital facility from the location where the person was taken into custody, the peace officer shall obtain, if possible, a certificate from a licensed independent practitioner stating that the travel will not be detrimental to the person’s physical health and that the person is dangerous to self or to any other person and is in need of immediate care or treatment for mental illness. The licensed independent practitioner shall have personally examined the person within 24 hours prior to signing the certificate.

(4) When a peace officer or other authorized individual, acting under this section, delivers a person to a hospital or nonhospital facility, a licensed independent practitioner shall examine the person immediately. If the licensed independent practitioner finds the person to be in need of emergency care or treatment for mental illness, the licensed independent practitioner shall proceed under ORS 426.232 (Emergency admission) , otherwise the person may not be retained in custody. If the person is to be released from custody, the peace officer or the community mental health program director shall return the person to the place where the person was taken into custody unless the person declines that service.

(5) A peace officer may transfer a person in custody under this section to the custody of an individual authorized by the community mental health program director under ORS 426.233 (Authority of community mental health program director and of other individuals) (3). The peace officer may meet the authorized individual at any location that is in accordance with ORS 426.140 (Place of confinement) to effect the transfer. When transferring a person in custody to an authorized individual, the peace officer shall deliver the report required under subsections (1) and (2) of this section to the authorized individual.

(6) An individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) (3) shall take a person into custody when directed to do so by a peace officer or by a community mental health program director under ORS 426.233 (Authority of community mental health program director and of other individuals) .

(7) An individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) (3) shall perform the duties of the peace officer or the community mental health program director required by this section and ORS 426.233 (Authority of community mental health program director and of other individuals) if the peace officer or the director has not already done so.

(8) An individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) (3) may transfer a person in custody under this section to the custody of another individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) (3) or a peace officer. The individual transferring custody may meet another authorized individual or a peace officer at any location that is in accordance with ORS 426.140 (Place of confinement) to effect the transfer.

(9) Intentionally left blank —Ed.

(a) When a peace officer takes a person into custody under this section, and the peace officer reasonably suspects that the person is a foreign national, the peace officer shall inform the person of the person’s right to communicate with an official from the consulate of the person’s country.

(b) A peace officer is not civilly or criminally liable for failure to provide the information required by this subsection. Failure to provide the information required by this subsection does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding. [1993 c.484 §2; 1997 c.531 §2; 2003 c.109 §2; 2009 c.595 §402; 2013 c.360 §38; 2015 c.461 §11; 2015 c.785 §2]

Note: 426.228 (Custody) to 426.238 (Classifying facilities) were added to and made a part of 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) by legislative action but were not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 426.228 — Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.265 — OR Code / Title 35 / Chapter 427 / Section 427.265
427.265 Court to advise person of nature of proceeding and rights
Status: in_force

(1) At the time that a person who is alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training is brought before the court, the court shall advise the person of the reason for being brought before the court, the nature of the proceedings and the possible results of the proceedings. The court shall also advise the person of the right to subpoena witnesses and to suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case during the proceedings, and that if the person does not have funds with which to retain suitable legal counsel, the court shall appoint such legal counsel to represent the person. If the person does not request legal counsel, the legal guardian, relative or friend may request the assistance of legal counsel on behalf of the person.

(2) If no request for legal counsel is made, the court shall appoint suitable legal counsel.

(3) If the person is unable to afford legal counsel, the court, if the matter is before a county or justice court, or the executive director of the Oregon Public Defense Commission, if the matter is before the circuit court, shall determine and allow, as provided in ORS 135.055 (Compensation and expenses of appointed counsel) , the reasonable expenses of the person and compensation for legal counsel. The expenses and compensation so allowed by a county court shall be paid by the county of residence of the person. The expenses and compensation determined by the executive director shall be paid by the executive director from funds available for the purpose. In all cases legal counsel shall be present at the hearing and may examine all witnesses offering testimony, and otherwise represent the person.

(4) The court may, for good cause, postpone the hearing for not more than 72 hours to allow preparation for the hearing and order the continuation of detention authorized under ORS 427.255 (Detention prior to investigation or hearing) during a postponement, if requested by the person, the legal counsel, guardian of the person, an examiner or on the court’s own motion. [1979 c.683 §20; 1979 c.867 §13; 1981 s.s. c.3 §135; 2001 c.962 §71; 2011 c.658 §16; 2023 c.281 §73; 2023 c.339 §7]

Source: Section 427.265 — Court to advise person of nature of proceeding and rights; appointment of legal counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 427.215 — OR Code / Title 35 / Chapter 427 / Section 427.215
427.215 Need for commitment
Status: in_force

For the purposes of ORS 427.235 (Notice to court of need for commitment) to 427.292 (Parental consent required for involuntary commitment of minor child) , a person with an intellectual disability is in need of commitment for residential care, treatment and training if the person is:

(1) Determined eligible for developmental disability services under ORS 427.104 (Developmental disability services) ; and

(2) Intentionally left blank —Ed.

(a) Dangerous to self or others; or

(b) Unable to provide for the person’s basic personal needs and not receiving care as is necessary for the health, safety or habilitation of the person. [1979 c.683 §16; 2001 c.104 §153; 2011 c.658 §12; 2013 c.36 §7; 2023 c.339 §3]

Source: Section 427.215 — Need for commitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.695 — OR Code / Title 35 / Chapter 430 / Section 430.695
430.695 Treatment of certain receipts as offsets to state funds
Status: in_force

(1) 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 community developmental disabilities program are not an offset to the costs of the services and may not be applied to reduce the program’s eligibility for state funds, providing the funds are expended for mental health or developmental disabilities services approved by the Oregon Health Authority or the Department of Human Services.

(2) Within the limits of available funds, the authority and the department may contract for specialized, statewide and regional services including but not limited to group homes for persons with developmental disabilities or mental or emotional disturbances, day and residential treatment programs for children and adolescents with mental or emotional disturbances and community services for clients of the Psychiatric Security Review Board under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) .

(3) Fees and third-party reimbursements, including all amounts paid pursuant to Title XIX of the Social Security Act by the Department of Human Services or the Oregon Health Authority, for mental health services or developmental disabilities services and interest earned on those fees and reimbursements shall be retained by the community mental health program or community developmental disabilities program and expended for any service that meets the standards of ORS 430.630 (Services to be provided by community mental health programs) or 430.662 (Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services) . [1981 c.750 §9; 2007 c.70 §234; 2007 c.71 §118; 2009 c.595 §520; 2011 c.708 §28; 2011 c.720 §182; 2017 c.442 §27; 2021 c.192 §5]

Source: Section 430.695 — Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.737 — OR Code / Title 35 / Chapter 430 / Section 430.737
430.737 Mandatory reports and investigations
Status: in_force

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 allegedly abused. [1991 c.744 §1; 2003 c.443 §1; 2007 c.70 §237]

Note: See note under 430.735 (Definitions for ORS 430.735 to 430.765) .

Source: Section 430.737 — Mandatory reports and investigations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.424 — OR Code / Title 35 / Chapter 430 / Section 430.424
430.424 Distribution of funds
Status: in_force

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 (Drug Prevention and Education Fund) based on a review of the plans submitted to the office under ORS 430.420 (Integration of drug treatment services into criminal justice system) . Funding criteria include, but need not be limited to, whether the plan includes the existence or development of a drug treatment court or a drug diversion program. [2005 c.830 §44; 2009 c.595 §497; 2011 c.673 §32]

Note: See note under 430.420 (Integration of drug treatment services into criminal justice system) .

Source: Section 430.424 — Distribution of funds; funding criteria , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.234 — OR Code / Title 35 / Chapter 426 / Section 426.234
426.234 Duties of professionals at facility where person admitted
Status: in_force

(1) At the time a person alleged to have a mental illness is admitted to or retained in a hospital or nonhospital facility under ORS 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) , a licensed independent practitioner, nurse or qualified mental health professional at the hospital or nonhospital facility shall:

(a) Inform the person of the person’s right to representation by or appointment of counsel as described in ORS 426.100 (Advice of court) ;

(b) Give the person the warning under ORS 426.123 (Observation of person in custody) ;

(c) Immediately examine the person;

(d) Set forth, in writing, the condition of the person and the need for emergency care or treatment; and

(e) If the licensed independent practitioner, nurse or qualified mental health professional reasonably suspects that the person is a foreign national, inform the person of the person’s right to communicate with an official from the consulate of the person’s country. A licensed independent practitioner, nurse or qualified mental health professional is not civilly or criminally liable for failure to provide the information required by this paragraph. Failure to provide the information required by this paragraph does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding.

(2) Intentionally left blank —Ed.

(a) At the time the person is admitted to or retained in a hospital under ORS 426.232 (Emergency admission) , the licensed independent practitioner shall contact the community mental health program director of the county in which the person resides, if the county of residence is different from the county in which the hospital is located. The community mental health program director may request that the licensed independent practitioner notify the circuit court in the county in which the person resides. If the community mental health program director does not make the request, the licensed independent practitioner shall notify, immediately and in writing, the circuit court in the county in which the person is hospitalized.

(b) At the time the person is admitted to a hospital under ORS 426.232 (Emergency admission) after being brought to the hospital by a peace officer under ORS 426.228 (Custody) , the licensed independent practitioner shall contact the community mental health program director of the county in which the person is hospitalized. The community mental health program director of the county in which the person is hospitalized may request that the licensed independent practitioner notify the circuit court in the county in which the person is hospitalized. If the community mental health program director does not make the request, the licensed independent practitioner shall notify, immediately and in writing, the circuit court in the county in which the person was taken into custody.

(c) If, at any time prior to the hearing under ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) , the licensed independent practitioner responsible for a person admitted or retained under ORS 426.232 (Emergency admission) determines that the person is not dangerous to self or to any other person and is not in need of emergency care or treatment for mental illness, the licensed independent practitioner may release the person from the detention authorized by ORS 426.232 (Emergency admission) . The licensed independent practitioner shall immediately notify the circuit court notified under this subsection and the community mental health program director of the person’s release from detention.

(3) Intentionally left blank —Ed.

(a) At the time the person is admitted to or retained in a nonhospital facility under ORS 426.233 (Authority of community mental health program director and of other individuals) , the community mental health program director in the county where the person was taken into custody shall contact the community mental health program director of the county in which the person resides, if the county of residence is different from the county in which the person was taken into custody. The community mental health program director of the county in which the person resides may request that the community mental health program director of the county in which the person was taken into custody notify the circuit court in the county where the person resides. Otherwise, the community mental health program director of the county in which the person was taken into custody shall notify, immediately and in writing, the circuit court in the county in which the person was taken into custody.

(b) If, at any time prior to the hearing under ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) , a community mental health program director, after consultation with a licensed independent practitioner, determines that a person admitted or retained under ORS 426.233 (Authority of community mental health program director and of other individuals) is not dangerous to self or to any other person and is not in need of immediate care, custody or treatment for mental illness, the community mental health program director may release the person from detention. The community mental health program director shall immediately notify the circuit court originally notified under paragraph (a) of this subsection of the person’s release from detention.

(4) When the judge of the circuit court receives notice under subsection (2) or (3) of this section, the judge immediately shall commence proceedings under ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) . In a county having a population of 100,000 or more, and when feasible in a county with a lesser population, the community mental health program director or designee who directs the peace officer or other authorized individual to take a person into custody under ORS 426.233 (Authority of community mental health program director and of other individuals) shall not also conduct the investigation as provided for under ORS 426.074 (Investigation) . Except when a person is being held under ORS 426.237 (Prehearing detention) (1)(b), a person shall not be held under ORS 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) for more than five judicial days without a hearing being held under ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) .

(5) When the judge of the circuit court receives notice under subsection (2)(c) or (3)(b) of this section that a person has been released, and unless the court receives the recommendation required by ORS 426.070 (Initiation) (4), the judge shall dismiss the case no later than 14 days after the date the person was initially detained. [1993 c.484 §6; 1995 c.201 §1; 1997 c.531 §6; 2001 c.481 §3; 2003 c.109 §4; 2009 c.595 §406; 2013 c.360 §42; 2015 c.461 §15]

Note: See note under 426.228 (Custody) .

Source: Section 426.234 — Duties of professionals at facility where person admitted; notification; duties of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.180 — OR Code / Title 35 / Chapter 426 / Section 426.180
426.180 Emergency commitment of individuals in Indian country
Status: in_force

(1) ORS 426.180 (Emergency commitment of individuals in Indian country) to 426.210 (Limit of detention after commitment in emergency proceedings) apply to the commitment of an individual in Indian country if a federally recognized Indian tribe that has Indian country located within this state chooses to exercise the tribe’s authority over the commitment.

(2) As used in this section and ORS 426.200 (Duties following emergency admission) and 426.210 (Limit of detention after commitment in emergency proceedings) , “hospital” means a hospital that is licensed under ORS chapter 441, other than an institution listed in ORS 426.010 (State hospitals for persons with mental illness) .

(3) If the court of a tribe having jurisdiction over an individual issues an order finding that the individual is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness, a person may request that the individual be taken by a tribal police officer or other peace officer to a hospital or nonhospital facility by submitting to the officer a certified copy of the order and an affidavit that includes:

(a) The name and address of the nearest relative or legal guardian of the individual; and

(b) A medical history completed by one of the following, who may not be related to the individual by blood or marriage:

(A) The tribe’s mental health authority, if the tribe has entered into an agreement with the state pursuant to ORS 430.630 (Services to be provided by community mental health programs) (9)(a)(B);

(B) A qualified mental health professional; or

(C) A licensed independent practitioner.

(4) Upon receipt of the order and affidavit described in subsection (3) of this section, the tribal police officer or other peace officer shall immediately transport the individual to a hospital or a nonhospital facility and present the individual to the hospital or nonhospital facility accompanied by the court order and affidavit.

(5) The director of the hospital or nonhospital facility may refuse to admit the individual if a licensed independent practitioner, after reviewing the documents accompanying the individual, is not satisfied that an emergency exists or that the individual is dangerous to self or others and in need of immediate care, custody or treatment for mental illness.

(6) If the hospital or nonhospital facility admits the individual, the director or a licensed independent practitioner shall notify the community mental health program director for the area and the circuit court with jurisdiction in the area where the facility is located. Upon receipt of the notice, the community mental health program director shall initiate commitment proceedings in accordance with ORS 426.070 (Initiation) .

(7) If an individual is admitted to a hospital or nonhospital facility under this section, any licensed independent practitioner who is treating the individual shall give the individual the warning under ORS 426.123 (Observation of person in custody) .

(8) This section may be applied as provided by agreement with the governing body of the reservation. Payment of costs for a commitment made under this section shall be as provided under ORS 426.250 (Payment of costs related to commitment proceedings) .

(9) The director of the hospital or nonhospital facility or licensed independent practitioner shall notify the appropriate tribe regarding all actions taken under ORS 426.180 (Emergency commitment of individuals in Indian country) to 426.210 (Limit of detention after commitment in emergency proceedings) no later than 24 hours after the action is taken, except for information protected from disclosure by state or federal law. [Amended by 1953 c.442 §2; 1975 c.690 §12; 1987 c.903 §21; 2007 c.70 §204; 2009 c.595 §397; 2012 c.25 §1; 2015 c.461 §9; 2019 c.247 §2]

Source: Section 426.180 — Emergency commitment of individuals in Indian country , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.570 — OR Code / Title 35 / Chapter 430 / Section 430.570
430.570 Information concerning opiate inhibitors to be made available
Status: in_force

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. [1987 c.618 §4; 2009 c.595 §505]

Source: Section 430.570 — Information concerning opiate inhibitors to be made available , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.753 — OR Code / Title 35 / Chapter 430 / Section 430.753
430.753 Immunity of persons making reports in good faith
Status: in_force

(1) Anyone participating in good faith in making a report of abuse pursuant to ORS 430.743 (Abuse report) and 430.765 (Duty of officials to report abuse) 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 respect to participating in any judicial proceeding resulting from the report.

(2) The identity of the person making the report shall be treated as confidential information and shall be disclosed only with the consent of that person, by judicial order or as otherwise permitted by ORS 430.763 (Confidentiality of records) . [1991 c.744 §7; 2015 c.179 §6; 2021 c.97 §51]

Note: See note under 430.735 (Definitions for ORS 430.735 to 430.765) .

Source: Section 430.753 — Immunity of persons making reports in good faith; confidentiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.510 — OR Code / Title 35 / Chapter 426 / Section 426.510
426.510 “Sexually dangerous person” defined
Status: in_force

As used in ORS 426.510 (“Sexually dangerous person” defined) to 426.680 (Trial visits for probationer) , unless the context otherwise requires, “sexually dangerous person” means a person who because of repeated or compulsive acts of misconduct in sexual matters, or because of a qualifying mental disorder, is deemed likely to continue to perform such acts and be a danger to other persons. [1963 c.467 §1; 1977 c.377 §1; 2017 c.634 §28]

Source: Section 426.510 — “Sexually dangerous person” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.644 — OR Code / Title 35 / Chapter 430 / Section 430.644
430.644 Priorities for services provided by community mental health programs
Status: in_force

Within the limits of available funds, community mental health programs shall provide those services as defined in ORS 430.630 (Services to be provided by community mental health programs) (3)(a) to (h) to persons in the following order of priority:

(1) 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 emotional disturbances or are in need of continuing services to avoid hospitalization or pose a hazard to the health and safety of themselves, including the potential for suicide, or others and those persons under 18 years of age who, in accordance with the assessment of professionals in the field of mental health, are at immediate risk of removal from their homes for treatment of mental or emotional disturbances or exhibit behavior indicating high risk of developing disturbances of a severe or persistent nature;

(2) Those persons who, because of the nature of their mental illness, their geographic location or their family income, are least capable of obtaining assistance from the private sector; and

(3) Those persons who, in accordance with the assessment of professionals in the field of mental health, are experiencing mental or emotional disturbances but will not require hospitalization in the foreseeable future. [Formerly 430.675]

Source: Section 430.644 — Priorities for services provided by community mental health programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.500 — OR Code / Title 35 / Chapter 430 / Section 430.500
430.500 Dismissal of charges
Status: in_force

(1) 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.

(2) When the prosecutor and the court have determined that the individual has successfully completed treatment, as outlined in the diversion plan, the prosecutor shall dismiss charges against the individual related to the offense for which diversion was initiated as an alternative to prosecution. [1977 c.871 §§18,19]

Source: Section 430.500 — Dismissal of charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.309 — OR Code / Title 35 / Chapter 426 / Section 426.309
426.309 Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure
Status: in_force

ORS 426.217 (Change of status of committed patient to voluntary patient) and 426.301 (Release of committed person) to 426.307 (Court hearing) do not restrict or limit the discharge procedures set forth in ORS 426.300 (Discharge of committed persons) . [1973 c.838 §20]

Source: Section 426.309 — Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.238 — OR Code / Title 35 / Chapter 430 / Section 430.238
430.238 State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population
Status: in_force

(1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 (Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established) 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 committee for state funds for the investments made by the counties, Indian tribes or consortia in comprehensive community supports and services for the target population of the Improving People’s Access to Community-based Treatment, Supports and Services Program, for the purpose of enhancing or sustaining the supports and services.

(2) The committee shall establish priorities for the funds based on specified factors such as the size of the population of a county, the utilization of the Oregon State Hospital by the residents of the county and the availability of permanent, supportive housing units.

(3) The committee may provide enhanced funds to encourage regional program projects.

(4) The local investments matched by state funds may not be used to supplant existing sources of funding that could be used to provide supports and services to the target population, including but not limited to:

(a) Medical assistance funding;

(b) Federal grants;

(c) Local funding;

(d) State grants or other state funding; or

(e) Other third-party sources of funding to reimburse the cost of the supports and services.

(5) The county, tribal or regional investment used to leverage a state match may include:

(a) County government or tribal funds.

(b) Financial commitments by entities other than counties or Oregon’s federally recognized tribes that are specifically designated for providing Improving People’s Access to Community-based Treatment, Supports and Services Program supports and services.

(c) The value of newly dedicated or donated real estate or other tangible property, including but not limited to:

(A) Land;

(B) Buildings;

(C) Remodeling costs that address the needs identified by the Improving People’s Access to Community-based Treatment, Supports and Services Program;

(D) Donated program space;

(E) Vehicles; or

(F) Interest on loans specific to housing, treatment facilities or related construction for the target population. [2019 c.563 §8]

Note: See note under 430.230 (Definitions) .

Source: Section 430.238 — State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.306 — OR Code / Title 35 / Chapter 427 / Section 427.306
427.306 Confinement of committed persons with intellectual disabilities in least restrictive setting
Status: in_force

(1) A person, not incarcerated upon a criminal charge, who has been alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated.

(2) A person alleged or adjudged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, who is not incarcerated on a criminal charge, may not be confined without an attendant in charge of the person. If the person is not confined in a hospital or a facility, the community developmental disabilities program director or sheriff having the person in custody shall select some suitable individual to act as attendant in quarters suitable for the comfortable, safe and humane confinement of the person. The person shall be detained in the least restrictive setting consistent with the person’s emotional and physical needs and the protection of others. [1979 c.683 §26; 2009 c.595 §448; 2011 c.658 §24; 2013 c.36 §12]

Source: Section 427.306 — Confinement of committed persons with intellectual disabilities in least restrictive setting; attendants required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.072 — OR Code / Title 35 / Chapter 426 / Section 426.072
426.072 Care while in custody
Status: in_force

(1) A hospital or nonhospital facility must comply with provisions of subsection (2) of this section when a person alleged to have a mental illness is placed in custody at the hospital or nonhospital facility:

(a) By a warrant of detention under ORS 426.070 (Initiation) ;

(b) By a peace officer under ORS 426.228 (Custody) or other individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) ; or

(c) By a licensed independent practitioner under ORS 426.232 (Emergency admission) .

(2) In circumstances described under subsection (1) of this section, the hospital or nonhospital facility and a treating licensed independent practitioner must comply with all the following:

(a) The person shall receive the care, custody and treatment required for mental and physical health and safety.

(b) The treating licensed independent practitioner shall report any care, custody and treatment to the court as required in ORS 426.075 (Notice and records of treatment prior to hearing) .

(c) All methods of treatment, including the prescription and administration of drugs, shall be the sole responsibility of the treating licensed independent practitioner. However, the person shall not be subject to electroshock therapy or unduly hazardous treatment and shall receive usual and customary treatment in accordance with medical standards in the community.

(d) The treating licensed independent practitioner shall be notified immediately of any seclusion of the person or use of mechanical restraints on the person. Every use of seclusion or mechanical restraint and the reasons for the use shall be made a part of the clinical record of the person over the signature of the treating licensed independent practitioner.

(e) The treating licensed independent practitioner shall give the person the warning under ORS 426.123 (Observation of person in custody) at times the treating licensed independent practitioner determines the person will reasonably understand the notice. This paragraph only requires the notice to be given as often as the licensed independent practitioner determines is necessary to assure that the person is given an opportunity to be aware of the notice.

(3) The Oregon Health Authority shall adopt rules necessary to carry out this section, including rules regarding the content of the medical record compiled during the current period of custody. [1987 c.903 §9; 1993 c.484 §13; 1997 c.531 §1; 2009 c.595 §386; 2013 c.360 §19; 2015 c.81 §1; 2015 c.461 §3]

Source: Section 426.072 — Care while in custody; responsibilities of licensed independent practitioner; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.515 — OR Code / Title 35 / Chapter 430 / Section 430.515
430.515 Procedure to terminate treatment
Status: in_force

Termination of treatment under ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant) 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 that the person diverted constitutes a threat to the peace and safety of the public and that continued treatment will involve direct risk to the community or the treatment facility. Such findings and showing shall be made before the court in open hearing, with the person under treatment entitled to counsel and to due process of law. [1977 c.871 §26]

Source: Section 430.515 — Procedure to terminate treatment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.160 — OR Code / Title 35 / Chapter 430 / Section 430.160
430.160 Federal funds deposited in special account
Status: in_force

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 account in the State Treasury, separate from the General Fund, to be used as a depository for such federal funds. Such funds hereby are continuously appropriated and shall be expended solely for the purpose of construction and operation of community facilities and in accordance with the plan upon which the allotment to the state was based. [1965 c.557 §5; 2009 c.595 §466]

Source: Section 430.160 — Federal funds deposited in special account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.386 — OR Code / Title 35 / Chapter 430 / Section 430.386
430.386 Moneys in fund not to replace current funding for programs and services
Status: in_force

Moneys transferred to the Drug Treatment and Recovery Services Fund and distributed pursuant to ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) 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, supportive and permanent housing for persons with substance use disorders, harm reduction interventions and for establishing Behavioral Health Resource Networks. [2021 c.2 §8; 2021 c.591 §8]

Note: See note under 430.383 (Findings and policy) .

Source: Section 430.386 — Moneys in fund not to replace current funding for programs and services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.073 — OR Code / Title 35 / Chapter 430 / Section 430.073
430.073 Consumer Advisory Council
Status: in_force

(1) As used in this section and ORS 430.075 (Consumer participation on task forces, commissions, advisory groups and committees) , “consumer” means a person who has received or is receiving mental health, addiction or substance use disorder services.

(2) Consistent with the principles embodied in ORS 430.071 (Policies to support and promote independence and self-determination) to support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services, the Director of the Oregon Health Authority shall maintain a Consumer Advisory Council to:

(a) Advise the director on the provision of mental health, addiction and substance use disorder services by the Oregon Health Authority and operate as a representative body that facilitates input from and communication with the peer constituency of the council.

(b) Review, evaluate and provide feedback, as permitted by federal law, on select deidentified site review reports related to mental health, addiction and substance use disorder services provided by the authority.

(c) Review, evaluate or publish impacts, advisories or fiscal benefit estimates for the director or the peer constituency of the council, or as public information, concerning any policy proposals developed in accordance with ORS 430.071 (Policies to support and promote independence and self-determination) .

(d) Recommend policies in accordance with ORS 430.071 (Policies to support and promote independence and self-determination) .

(e) Provide perspectives and experiences.

(f) Communicate concerns, emergency needs or general conditions related to the delivery of mental health, addiction and substance use disorder services.

(3) The director shall appoint 15 to 25 consumers to the council from a list of candidates submitted by:

(a) Existing consumers on the council; or

(b) A seven-person committee, appointed by the members of the council, consisting of individuals who represent independent consumer-run organizations, consumer-run advocacy organizations and consumer-operated advisory councils that are active or headquartered in this state.

(4) In selecting the candidates to be submitted to the director under subsection (3) of this section, the council or committee shall strive for the balance described in subsection (5) of this section and otherwise encourage outreach to new members and diverse groups in the consumer or peer community.

(5) In making appointments to the council, the director shall strive to balance the representation according to geographic areas of the state, race, ethnicity, gender identity and age.

(6) The authority shall provide administrative support to the council.

(7) A member of the council is entitled to compensation in an amount determined by the director and to actual and necessary travel expenses incurred by the member in the performance of the member’s official duties. Claims for compensation and expenses shall be paid out of funds appropriated to the authority for purposes of the council. [2007 c.805 §2; 2009 c.595 §463; 2015 c.287 §1; 2022 c.5 §2]

Note: See note under 430.071 (Policies to support and promote independence and self-determination) .

Source: Section 430.073 — Consumer Advisory Council , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.223 — OR Code / Title 35 / Chapter 430 / Section 430.223
430.223 Comprehensive addiction, prevention, treatment and recovery plan
Status: in_force

(1) For purposes of this section, “program” means a state, local or tribal alcohol and drug abuse prevention and treatment program.

(2) The Alcohol and Drug Policy Commission established under ORS 430.221 (Commission members) shall develop a comprehensive addiction, prevention, treatment and recovery plan for this state. The plan must include, but is not limited to, recommendations regarding:

(a) Capacity, type and utilization of programs;

(b) Methods to assess the effectiveness and performance of programs;

(c) The best use of existing programs;

(d) Budget policy priorities for participating state agencies;

(e) Standards for licensing programs;

(f) Minimum standards for contracting for, providing and coordinating alcohol and drug abuse prevention and treatment services among programs that use federal, private or state funds administered by the state; and

(g) The most effective and efficient use of participating state agency resources to support programs.

(3) All participating state agencies shall:

(a) Meet with the commission on a quarterly basis to review and report on each agency’s progress on implementing the plan; and

(b) Report to the commission, in the manner prescribed by the commission, each agency’s process and outcome measures established under the plan.

(4) The commission shall review and update the plan no later than July 1 of each even-numbered year and shall produce and publish a report on the metrics and other indicators of progress in achieving the goals of the plan.

(5) The commission may:

(a) Conduct studies related to the duties of the commission in collaboration with other state agencies;

(b) Apply for and receive gifts and grants for public and private sources; and

(c) Use funds received by the commission to carry out the purposes of ORS 430.220 (Director) and 430.221 (Commission members) and this section.

(6) All participating state agencies and local agencies shall assist the commission in developing the comprehensive addiction, prevention, treatment and recovery plan.

(7) The commission may adopt rules to carry out its duties under this section. [Formerly 430.242; 2022 c.63 §3]

Note: See note under 430.220 (Director) .

(Improving People’s Access to Community-based Treatment, Supports and Services Program)

Source: Section 430.223 — Comprehensive addiction, prevention, treatment and recovery plan; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.357 — OR Code / Title 35 / Chapter 430 / Section 430.357
430.357 Minimum standards
Status: in_force

(1) The Oregon Health Authority shall adopt rules to implement ORS 430.338 (Purposes of laws related to alcoholism) to 430.380 (Mental Health Alcoholism and Drug Services Account) and to establish minimum standards for alcohol and drug prevention and treatment programs in accordance with the comprehensive addiction, prevention, treatment and recovery plan developed by the Alcohol and Drug Policy Commission under ORS 430.223 (Comprehensive addiction, prevention, treatment and recovery plan) .

(2) All standards and guidelines adopted by the authority to implement programs authorized under ORS 430.338 (Purposes of laws related to alcoholism) to 430.380 (Mental Health Alcoholism and Drug Services Account) shall be adopted as rules pursuant to ORS chapter 183 regardless of whether they come within the definition of rule in ORS 183.310 (Definitions for chapter) (9). [Formerly 430.360; 1985 c.565 §70; 1987 c.53 §5; 2009 c.595 §486; 2011 c.673 §23; 2018 c.44 §6]

Source: Section 430.357 — Minimum standards; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 428.260 — OR Code / Title 35 / Chapter 428 / Section 428.260
428.260 Transportation of nonresident patients
Status: in_force

(1) For the purpose of carrying out the provisions of ORS 428.210 (Definitions for ORS 428.210 to 428.270) to 428.270 (Liability of persons for care and return of nonresident persons with mental illness) , the Department of Human Services or the Oregon Health Authority may employ all help necessary in arranging for and transporting nonresident patients.

(2) The cost and expense of providing such assistance and all expenses incurred in effecting the transportation of such patients shall be paid from funds appropriated for that purpose upon vouchers approved by the department, the authority or the superintendent of the Oregon State Hospital. [1957 c.388 §10; 1985 c.511 §2; 2009 c.595 §453; 2013 c.36 §21; 2015 c.318 §19]

Source: Section 428.260 — Transportation of nonresident patients; payment of expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 430.470 — OR Code / Title 35 / Chapter 430 / Section 430.470
430.470 Notice of right to evaluation if not given at time of arrest
Status: in_force

(1) 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.

(2) At the time of arraignment, the judge shall inform the defendant of the rights described in ORS 430.455 (Information to arrested person believed to have substance use disorder) . [1977 c.871 §10]

Source: Section 430.470 — Notice of right to evaluation if not given at time of arrest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.080 — OR Code / Title 35 / Chapter 426 / Section 426.080
426.080 Execution and return of citation or warrant of detention
Status: in_force

The person serving a warrant of detention or the citation provided for by ORS 426.090 (Citation) shall, immediately after service thereof, make a return upon the original warrant or citation showing the time, place and manner of such service and file it with the clerk of the court. In executing the warrant of detention or citation, the person has all the powers provided by ORS 133.235 (Arrest by peace officer) , 161.233 (Use of physical force by peace officer) , 161.242 (Use of deadly physical force by peace officer) and 161.245 (“Reasonable belief” described) and may require the assistance of any peace officer or other person. [Amended by 1971 c.743 §366; 1973 c.836 §348; 1973 c.838 §4a; 2020 s.s.2 c.3 §14]

Source: Section 426.080 — Execution and return of citation or warrant of detention , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).