ORS § 426.095 — OR Code / Title 35 / Chapter 426 / Section 426.095
426.095 Commitment hearing
Status: in_force

The following is applicable to a commitment hearing held by a court under ORS 426.070 (Initiation) :

(1) The hearing may be held in a hospital, the person’s home or in some other place convenient to the court and the person alleged to have a mental illness.

(2) The court shall hold the hearing at the time established according to the following:

(a) Except as provided by paragraph (b) or (c) of this subsection, a hearing shall be held five judicial days from the day a court under ORS 426.070 (Initiation) issues a citation provided under ORS 426.090 (Citation) .

(b) Except as provided by paragraph (c) of this subsection, if a person is detained by a warrant of detention under ORS 426.070 (Initiation) , a hearing shall be held within five judicial days of the commencement of detention.

(c) If requested under this paragraph, the court, for good cause, may postpone the hearing for not more than five judicial days in order to allow preparation for the hearing. The court may make orders for the care and custody of the person during a postponement as it deems necessary. If a person is detained before a hearing under ORS 426.070 (Initiation) , 426.180 (Emergency commitment of individuals in Indian country) , 426.228 (Custody) , 426.232 (Emergency admission) , 426.233 (Authority of community mental health program director and of other individuals) or 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) and the hearing is postponed under this paragraph, the court, for good cause, may allow the person to be detained during the postponement if the postponement is requested by the person or the legal counsel of the person. Any of the following may request a postponement under this paragraph:

(A) The person alleged to have a mental illness or the person alleged to be an extremely dangerous person with mental illness.

(B) The legal counsel or guardian of the person.

(C) The individual representing the state’s interest.

(3) The person alleged to have a mental illness and the individual representing the state’s interest shall have the right to cross-examine all the following:

(a) Witnesses.

(b) The individual conducting the investigation.

(c) The examining physicians or other licensed independent practitioners who have examined the person.

(4) The provisions of ORS 40.230 (Rule 504. Psychotherapist-patient privilege) , 40.235 (Rule 504-1. Physician-patient privilege) , 40.240 (Rule 504-2. Nurse-patient privilege) and 40.250 (Rule 504-4. Regulated social worker-client privilege) shall not apply to and the court may consider as evidence any of the following:

(a) Medical records for the current involuntary prehearing period of detention.

(b) Statements attributed by the maker of the medical records or the investigation report to witnesses concerning their own observations in the absence of objection or if such individuals are produced as witnesses at the hearing available for cross-examination.

(c) The testimony of any treating licensed independent practitioners, nurses or social workers for the prehearing period of detention. Any treating licensed independent practitioner, nurse or social worker who is subpoenaed as a witness for the proceeding shall testify as an expert witness under the provisions of ORS 40.410 (Rule 702. Testimony by experts) , 40.415 (Rule 703. Bases of opinion testimony by experts) , 40.420 (Rule 704. Opinion on ultimate issue) and 40.425 (Rule 705. Disclosure of fact or data underlying expert opinion) and is subject to treatment as an expert witness in the payment of witness fees and costs.

(d) The investigation report prepared under ORS 426.074 (Investigation) . Subject to the following, the investigation report shall be introduced in evidence:

(A) Introduction of the report under this paragraph does not require the consent of the person alleged to have a mental illness.

(B) Upon objection by any party to the action, the court shall exclude any part of the investigation report that may be excluded under the Oregon Evidence Code on grounds other than those set forth in 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) .

(C) Neither the investigation report nor any part thereof shall be introduced into evidence under this paragraph unless the investigator is present during the proceeding to be cross-examined or unless the presence of the investigator is waived by the person alleged to have a mental illness or counsel for the person. [1973 c.838 §9; 1975 c.690 §5; 1987 c.903 §13; 1993 c.484 §16; 1997 c.649 §2; 2009 c.595 §389; 2013 c.715 §§4,15; 2015 c.461 §6]

Source: Section 426.095 — Commitment hearing; postponement; right to cross-examine; admissibility of investigation report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.702 — OR Code / Title 35 / Chapter 426 / Section 426.702
426.702 Discharge from commitment of extremely dangerous person with qualifying mental disorder
Status: in_force

(1) Intentionally left blank —Ed.

(a) At the end of the 24-month period of commitment described in ORS 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) , any person who remains committed under the jurisdiction of the Psychiatric Security Review Board shall be discharged, unless the board certifies to the court in the county in which the person was originally committed that the person is still extremely dangerous and suffers from a qualifying mental disorder that is resistant to treatment. The board, pursuant to its rules, may delegate to the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person the responsibility for making the certification. If the certification is made, the person will not be released.

(b) The board may additionally certify that the person cannot be controlled in the community with proper care, medication, supervision and treatment on conditional release and must be committed to a state hospital. The board, pursuant to its rules, may delegate to the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person the responsibility for making the additional certification.

(2) The certification shall immediately be served upon the person by the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person. The superintendent or director shall inform the court in writing that service has been made and the date thereof.

(3) The certification shall advise the person of all the following:

(a) That the board, hospital or facility has requested that commitment be continued for an additional 24 months.

(b) That the person may protest this further commitment within 14 days, and that, if the person does not protest, the commitment will be continued for a maximum of 24 months.

(c) That the person may consult with legal counsel when deciding whether to protest the further commitment and that legal counsel will be provided for the person without cost if the person is without funds to retain legal counsel.

(d) That the person may protest a further period of commitment either orally or in writing by signing the form accompanying the certification.

(e) That if the person does protest a further period of commitment, the person is entitled to a hearing before the court to determine whether commitment should be continued.

(f) That the person is entitled to have a psychologist or psychiatrist, other than a member of the staff at the facility where the person is being treated, examine the person and report to the court the results of the examination at the hearing.

(g) That the person may subpoena witnesses and offer evidence on behalf of the person at the hearing.

(h) That if the person is without funds to retain legal counsel or an examining psychologist or psychiatrist for the hearing, the court will appoint legal counsel or an examining psychologist or psychiatrist.

(4) The person serving the certification shall read and deliver the certification to the person and ask whether the person protests a further period of commitment. The person may protest a further period of commitment and request a hearing either orally or by signing a simple protest form to be given to the person with the certification. If the person does not protest a further period of commitment within 14 days of service of the certification, the board, hospital or facility shall so notify the court, and the court shall, without further hearing, order the commitment of the person to the jurisdiction of the board for a maximum of 24 months. The court shall further order that the person be committed to a state hospital if a certification under subsection (1)(b) of this section has been made.

(5) When the person protests a further period of commitment and requests a hearing, the board, hospital or facility shall immediately notify the court, and the court shall have the person brought before it and shall again advise the person that the board, hospital or facility has requested that commitment be continued for an additional period of time and that if the person does not protest this commitment the commitment will be continued for a maximum of 24 months. The person shall also be informed of the rights set forth in subsection (3) of this section.

(6) If the person requests a hearing under subsections (4) and (5) of this section, the following provisions apply as described:

(a) The hearing shall be conducted as promptly as possible, but no more than 60 days from the date of the protest and request for a hearing, and at a time and place as the court may direct. Venue for the hearing is proper in the county in which the person was originally committed.

(b) While the hearing is pending, the person remains under the jurisdiction of the board and the person’s placement may continue.

(c) If the person requests a continuance in order to prepare for the hearing or to obtain legal counsel to represent the person, the court may grant postponement and order the continued detention of the person during postponement for an additional 30 days.

(d) The person has the right to representation by or appointment of legal counsel subject to ORS 135.055 (Compensation and expenses of appointed counsel) , 151.216 (Commission duties) and 151.219 (Executive director) .

(e) If the person requests an examination by a psychologist or psychiatrist and is without funds to retain a psychologist or psychiatrist for purposes of the examination, the court shall appoint a psychologist or psychiatrist, other than a member of the staff from the facility where the person is being treated, to examine the person at no expense to the person and to report to the court the results of the examination.

(f) The provisions of ORS 40.230 (Rule 504. Psychotherapist-patient privilege) , 40.235 (Rule 504-1. Physician-patient privilege) , 40.240 (Rule 504-2. Nurse-patient privilege) , 40.250 (Rule 504-4. Regulated social worker-client privilege) and 179.505 (Disclosure of written accounts by health care services provider) do not apply to the use of medical records from the current period of commitment or to testimony related to such records or period of commitment in connection with hearings under this section. The court may consider as evidence such reports and testimony.

(g) Unless the court orders otherwise or either party objects, any party or witness may attend the hearing via simultaneous electronic transmission.

(h) The court shall then conduct a hearing. The court may take judicial notice of the findings regarding the act described in ORS 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) (3)(a)(C) made by the court at the initial commitment. If, after hearing the evidence and reviewing the recommendations of the board and the state hospital or the state or local mental health facility providing treatment to the person, in the opinion of the court the person is still extremely dangerous and suffering from a qualifying mental disorder that is resistant to treatment by clear and convincing evidence, the court may order commitment to the jurisdiction of the board for an additional maximum of 24 months. The court shall further commit the person to a state hospital for custody, care and treatment if the court finds, by clear and convincing evidence, that the person cannot be controlled in the community with proper care, medication, supervision and treatment on conditional release.

(i) At the end of the 24-month period, the person shall be discharged unless the board, hospital or facility again certifies to the committing court that the person is still an extremely dangerous person with mental illness and in need of further treatment, in which event the procedures set forth in this section shall be followed. [2013 c.715 §3; 2013 c.715 §14; 2021 c.482 §2]

Source: Section 426.702 — Discharge from commitment of extremely dangerous person with qualifying mental disorder; requirements for further commitment; protest and hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.450 — OR Code / Title 35 / Chapter 430 / Section 430.450
430.450 Definitions for ORS 430.450 to 430.555
Status: in_force

As used in ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant) , unless the context requires otherwise:

(1) “Authority” means the Oregon Health Authority.

(2) “Community diversion plan” means a system of services approved and monitored by the Oregon Health Authority in accordance with approved county mental health plans, which may include but need not be limited to, medical, educational, vocational, social and psychological services, training, counseling, provision for residential care, and other rehabilitative services designed to benefit the defendant and protect the public.

(3) “Crimes of violence against the person” means criminal homicide, assault and related offenses as defined in ORS 163.165 (Assault in the third degree) to 163.208 (Assaulting a public safety officer) , rape and sexual abuse, incest, or any other crime involving the use of a deadly weapon or which results in physical harm or death to a victim.

(4) “Diversion” means the referral or transfer from the criminal justice system into a program of treatment or rehabilitation of a defendant diagnosed as drug dependent and in need of treatment at authority approved sites, on the condition that the defendant successfully fulfills the specified obligations of a program designed for rehabilitation.

(5) “Diversion coordinator” means a person designated by a county mental health program director to work with the criminal justice system and health care delivery system to screen defendants who may be suitable for diversion; to coordinate the formulation of individual diversion plans for such defendants; and to report to the court the performance of those defendants being treated under an individual diversion plan.

(6) “Director of the treatment facility” means the person in charge of treatment and rehabilitation programs at the treatment facility.

(7) “Drug abuse” means repetitive, excessive use of a drug or controlled substance short of dependence, without medical supervision, which may have a detrimental effect on the individual or society.

(8) “Drug-dependent person” means one who has lost the ability to control the personal use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance.

(9) “Evaluation” means any diagnostic procedures used in the determination of drug dependency, and may include but are not limited to chemical testing, medical examinations and interviews.

(10) “Individual diversion plan” means a system of services tailored to the individual’s unique needs as identified in the evaluation, which may include but need not be limited to medical, educational, vocational, social and psychological services, training, counseling, provision for residential care, and other rehabilitative services designed to benefit the defendant and protect the public. The plan shall include appropriate methods for monitoring the individual’s progress toward achievement of the defined treatment objectives and shall also include periodic review by the court.

(11) “Treatment facility” means detoxification centers, outpatient clinics, residential care facilities, hospitals and such other facilities determined to be suitable by the authority as meeting minimum standards under ORS 430.357 (Minimum standards) , any of which may provide diagnosis and evaluation, medical care, detoxification, social services or rehabilitation. [1977 c.871 §2; 1979 c.744 §26; 2001 c.900 §139; 2009 c.595 §499; 2011 c.673 §33]

Source: Section 430.450 — Definitions for ORS 430.450 to 430.555 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.385 — OR Code / Title 35 / Chapter 426 / Section 426.385
426.385 Rights of committed persons
Status: in_force

(1) Every person with mental illness committed to the Oregon Health Authority shall have the right to:

(a) Communicate freely in person and by reasonable access to telephones;

(b) Send and receive sealed mail, except that this right may be limited for security reasons in state institutions as described in ORS 426.010 (State hospitals for persons with mental illness) ;

(c) Wear the clothing of the person;

(d) Keep personal possessions, including toilet articles;

(e) Religious freedom;

(f) A private storage area with free access thereto;

(g) Be furnished with a reasonable supply of writing materials and stamps;

(h) A written treatment plan, kept current with the progress of the person;

(i) Be represented by counsel whenever the substantial rights of the person may be affected;

(j) Petition for a writ of habeas corpus;

(k) Not be required to perform routine labor tasks of the facility except those essential for treatment;

(L) Be given reasonable compensation for all work performed other than personal housekeeping duties;

(m) Daily access to fresh air and the outdoors, except that this right may be limited when it would create significant risk of harm to the person or others;

(n) Reasonable privacy and security in resting, sleeping, dressing, bathing, personal hygiene and toileting, except that this right may be limited when it would create significant risk of harm to the person or others;

(o) Such other rights as may be specified by rule; and

(p) Exercise all civil rights in the same manner and with the same effect as one not admitted to the facility, including, but not limited to, the right to dispose of real property, execute instruments, make purchases, enter contractual relationships, and vote, unless the person has been adjudicated incompetent and has not been restored to legal capacity. Disposal of personal property in possession of the person in a state institution described in ORS 426.010 (State hospitals for persons with mental illness) is subject to limitation for security reasons.

(2) Intentionally left blank —Ed.

(a) A person must be immediately informed, orally and in writing, of any limitation:

(A) Of the right to send or receive sealed mail under subsection (1)(b) of this section;

(B) Regarding the disposal of personal property under subsection (1)(p) of this section;

(C) Of the right to reasonable privacy and security in resting, sleeping, dressing, bathing, personal hygiene and toileting under subsection (1)(n) of this section; and

(D) Of the right to daily access to fresh air and the outdoors under subsection (1)(m) of this section.

(b) Any limitation under this subsection and the reasons for the limitation must be stated in the person’s written treatment plan.

(c) The person has the right to challenge any limitation under this subsection pursuant to rules adopted by the authority. The person must be informed, orally and in writing, of this right.

(3) A person with mental illness committed to the authority shall have the right to be free from potentially unusual or hazardous treatment procedures, including convulsive therapy, unless the person has given express and informed consent or authorized the treatment pursuant to ORS 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration) . This right may be denied to a person for good cause as defined in administrative rule only by the director of the facility in which the person is confined, but only after consultation with and approval of an independent examining physician. Any denial shall be entered into the person’s treatment record and shall include the reasons for the denial. A person with mental illness may not be subjected to psychosurgery, as defined in ORS 677.190 (Grounds for suspending, revoking or refusing to grant license, registration or certification) (21)(b).

(4) Mechanical restraints shall not be applied to a person admitted to a facility unless it is determined by the chief medical officer of the facility or designee to be required by the medical needs of the person. Every use of a mechanical restraint and the reasons for using a mechanical restraint shall be made a part of the clinical record of the person over the signature of the chief medical officer of the facility or designee.

(5) Nothing in this section prevents the authority from acting to exclude contraband from its facilities and to prevent possession or use of contraband in its facilities.

(6) As used in this section:

(a) “Contraband” has the meaning given that term in ORS 162.135 (Definitions for ORS 162.135 to 162.205) .

(b) “Security reasons” means the protection of the person with mental illness from serious and immediate harm and the protection of others from threats or harassment as defined by rule of the authority. [1967 c.460 §4; 1973 c.838 §28; 1981 c.372 §3; 1983 c.486 §1; 1993 c.442 §16; 1995 c.141 §1; 2001 c.104 §152; 2007 c.56 §1; 2009 c.595 §424; 2009 c.756 §20; 2013 c.360 §59; 2019 c.19 §1]

Source: Section 426.385 — Rights of committed persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.123 — OR Code / Title 35 / Chapter 426 / Section 426.123
426.123 Observation of person in custody
Status: in_force

(1) Whenever specifically required under ORS 426.070 (Initiation) , 426.072 (Care while in custody) , 426.180 (Emergency commitment of individuals in Indian country) or 426.234 (Duties of professionals at facility where person admitted) , a person shall be given a warning that observations of the person by the staff of the facility where the person is in custody may be used as evidence in subsequent court proceedings to determine whether the person should be or should continue to be committed as a person with mental illness.

(2) The warning described under subsection (1) of this section shall be given both orally and in writing.

(3) Failure to give a warning under this section does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding. [1987 c.903 §11; 1993 c.484 §18; 2013 c.360 §27]

Source: Section 426.123 — Observation of person in custody; warning; evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.340 — OR Code / Title 35 / Chapter 427 / Section 427.340
427.340 Developmental Disabilities Community Housing Fund
Status: in_force

(1) There is established a Developmental Disabilities Community Housing Fund in the State Treasury, separate and distinct from the General Fund. All moneys in the Developmental Disabilities Community Housing Fund are continuously appropriated to the Department of Human Services to pay expenses incurred by the Department of Human Services in carrying out the provisions of ORS 427.330 (Definitions for ORS 427.330 to 427.340) and 427.335 (Authority of department to develop community housing) . Interest earned on moneys in the fund shall be credited to the fund.

(2) The fund shall consist of:

(a) Moneys appropriated to the fund by the Legislative Assembly;

(b) Repayment of financial assistance provided to housing providers or care providers for community housing under ORS 427.335 (Authority of department to develop community housing) (3);

(c) Moneys reallocated from other areas of the Department of Human Services’ budget; and

(d) Any earnings or interest credited to the fund. [1999 c.753 §4; 2001 c.954 §32; 2015 c.178 §3; 2019 c.551 §3]

Source: Section 427.340 — Developmental Disabilities Community Housing Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.627 — OR Code / Title 35 / Chapter 430 / Section 430.627
430.627 Statewide coordinated crisis system
Status: in_force

(1) The purposes of ORS 430.626 (Definitions) to 430.628 (City and community mental health program provision of crisis stabilization services) are to build upon and improve the statewide coordinated crisis system in this state and to:

(a) Remove barriers to accessing quality behavioral health crisis services;

(b) Improve equity in behavioral health treatment and ensure culturally, linguistically and developmentally appropriate responses to individuals experiencing behavioral health crises, in recognition that, historically, crisis response services placed marginalized communities at disproportionate risk of poor outcomes and criminal justice involvement;

(c) Ensure that all residents of this state receive a consistent and effective level of behavioral health crisis services no matter where they live, work or travel in the state; and

(d) Provide increased access to quality community behavioral health services to prevent interactions with the criminal justice system and prevent hospitalizations.

(2) Moneys from the 9-8-8 Trust Fund established in ORS 430.624 (9-8-8 Trust Fund established) shall be used as follows:

(a) Revenues from the 9-8-8 coordinated crisis services tax that are deposited into the fund shall be used only for:

(A) The crisis call center system and crisis hotline center described in subsections (4) and (5) of this section; and

(B) To the extent that the crisis call center system and crisis hotline center are fully funded, the expansion and ongoing funding of mobile crisis intervention teams.

(b) Moneys other than revenues from the 9-8-8 coordinated crisis services tax that are deposited into the fund shall be used for:

(A) A wide array of crisis stabilization services, including services provided by:

(i) Crisis stabilization centers;

(ii) Facilities offering short-term respite services;

(iii) Peer respite centers; and

(iv) Behavioral health urgent care walk-in centers; and

(B) Community mental health program provision of crisis stabilization services or funding to cities to establish or maintain one or more mobile crisis intervention teams under ORS 430.628 (City and community mental health program provision of crisis stabilization services) .

(3) The Oregon Health Authority shall adopt by rule requirements for crisis stabilization centers that, at a minimum, require a center to:

(a) Be designed to prevent or ameliorate a behavioral health crisis or reduce acute symptoms of mental illness or substance use disorder, for individuals who do not require inpatient treatment, by providing continuous 24-hour observation and supervision;

(b) Be staffed 24 hours per day, seven days per week, 365 days per year by a multidisciplinary team capable of meeting the needs of individuals in the community experiencing all levels of crisis, that may include, but is not limited to:

(A) Psychiatrists or psychiatric nurse practitioners;

(B) Nurses;

(C) Licensed or credentialed clinicians in the region where the crisis stabilization center is located who are capable of completing assessments; and

(D) Peers with lived experiences similar to the experiences of the individuals served by the center;

(c) Have a policy prohibiting rejecting patients brought in or referred by first responders, and have the capacity, at least 90 percent of the time, to accept all referrals;

(d) Have services to address substance use crisis issues;

(e) Have the capacity to assess physical health needs and provide needed care and a procedure for transferring an individual, if necessary, to a setting that can meet the individual’s physical health needs if the facility is unable to provide the level of care required;

(f) Offer walk-in and first responder drop-off options;

(g) Screen for suicide risk and complete comprehensive suicide risk assessments and planning when clinically indicated;

(h) Screen for violence risk and complete more comprehensive violence risk assessments and planning when clinically indicated; and

(i) Meet other requirements prescribed by the authority.

(4) The authority shall:

(a) Implement, maintain and improve the 9-8-8 suicide prevention and behavioral health crisis hotline and ensure the efficient and effective routing of calls, including staffing and technological infrastructure enhancements necessary to achieve operational and clinical standards and best practices set forth by the 988 Suicide and Crisis Lifeline and prescribed by the authority; and

(b) Maintain a crisis hotline center to receive calls, texts and chats from the 9-8-8 suicide prevention and behavioral health crisis hotline and to provide crisis intervention services and crisis care coordination anywhere in this state 24 hours per day, seven days per week. The crisis hotline center shall:

(A) Have an agreement to participate in the 988 Suicide and Crisis Lifeline network.

(B) Meet 988 Suicide and Crisis Lifeline requirements and best practices guidelines for operational and clinical standards and any additional clinical and operational standards prescribed by the authority.

(C) Record data, provide reports and participate in evaluations and related quality improvement activities.

(D) Establish formal agreements to collaborate with other agencies to ensure safe, integrated care for people in crisis who reach out to the 9-8-8 suicide prevention and behavioral health crisis hotline.

(E) Contact and coordinate with the local community mental health programs for rapid deployment of a local mobile crisis intervention team and follow-up services as needed.

(F) Utilize technologies, including chat and text applications, to provide a no-wrong-door approach for individuals seeking help from the crisis hotline and ensure collaboration among crisis and emergency response systems used throughout this state, such as 9-1-1 and 2-1-1, and with other centers in the 988 Suicide and Crisis Lifeline network.

(G) Establish policies and train staff on serving high-risk and specialized populations, including but not limited to lesbian, gay, bisexual, transgender and queer youth, minorities, veterans and individuals who have served in the military, firefighters and other first responders, rural residents, individuals with co-occurring disorders and other racially and ethnically diverse communities. Policies and training established under this subparagraph must include:

(i) Policies and training on transferring calls made to the 9-8-8 suicide prevention and behavioral health crisis hotline to an appropriate specialized center within or external to the 988 Suicide and Crisis Lifeline network; and

(ii) Training on providing linguistically and culturally competent care and follow-up services to individuals accessing the 9-8-8 suicide prevention and behavioral health crisis hotline consistent with guidance and policies established by the 988 Suicide and Crisis Lifeline.

(5) The staff of the crisis hotline center described in subsection (4) of this section must include individuals who possess the linguistic and cultural competency to respond to individuals within the demographics of the communities served and shall:

(a) Have access to the most recently reported information regarding available mental health and behavioral health crisis services.

(b) Track and maintain data regarding responses to calls, texts and chats to the 9-8-8 suicide prevention and behavioral health crisis hotline.

(c) Work to resolve crises with the least invasive intervention possible.

(d) Connect callers whose crisis is de-escalated or otherwise managed by hotline staff with appropriate follow-on services and undertake follow-up contact with the caller when appropriate.

(6) Crisis stabilization services provided to individuals accessing the 9-8-8 suicide prevention and behavioral health crisis hotline shall be reimbursed by the authority, coordinated care organizations or commercial insurance, depending on the individual’s insurance status.

(7) The authority shall adopt rules to allow appropriate information sharing and communication across all crisis service providers as necessary to carry out the requirements of this section and shall work in concert with the 988 Suicide and Crisis Lifeline and the Veterans Crisis Line for the purposes of ensuring consistency of public messaging about 9-8-8 suicide prevention and behavioral health crisis hotline services. [2021 c.617 §2; 2023 c.251 §3; 2023 c.443 §1]

Note: See note under 430.626 (Definitions) .

Source: Section 430.627 — Statewide coordinated crisis system; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.389 — OR Code / Title 35 / Chapter 430 / Section 430.389
430.389 Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services
Status: in_force

(1) The Oversight and Accountability Council shall approve grants and funding provided by the Oregon Health Authority in accordance with this section to implement Behavioral Health Resource Networks and increase access to community care. A Behavioral Health Resource Network is an entity or collection of entities that individually or jointly provide some or all of the services described in subsection (2)(e) of this section.

(2) Intentionally left blank —Ed.

(a) The authority shall establish an equitable:

(A) Process for applying for grants and funding by agencies or organizations, whether government or community based, to establish Behavioral Health Resource Networks for the purposes of immediately screening the acute needs of individuals with substance use, including those who also have a mental illness, and assessing and addressing any ongoing needs through ongoing case management, harm reduction, treatment, housing and linkage to other care and services.

(B) Evaluation process to assess the effectiveness of Behavioral Health Resource Networks that receive grants or funding.

(b) Recipients of grants or funding must be licensed, certified or credentialed by the state, including certification under ORS 743A.168 (Behavioral health treatment) (9), or meet criteria prescribed by rule by the authority under ORS 430.390 (Administration of grants) . A recipient of a grant or funding under this subsection may not use the grant or funding to supplant the recipient’s existing funding.

(c) The council and the authority shall ensure that residents of each county have access to all of the services described in paragraph (e) of this subsection.

(d) Applicants for grants and funding may apply individually or jointly with other network participants to provide services in one or more counties.

(e) A network must have the capacity to provide the following services and any other services specified by the authority by rule but no individual participant in a network is required to provide all of the services:

(A) Screening by certified addiction peer support or wellness specialists or other qualified persons designated by the council to determine a client’s need for immediate medical or other treatment to determine what acute care is needed and where it can be best provided, identify other needs and link the client to other appropriate local or statewide services, including treatment for substance use and coexisting health problems, housing, employment, training and child care. Networks shall provide this service 24 hours a day, seven days a week, every calendar day of the year through a telephone line or other means. Networks may rely on the statewide telephone hotline established by the authority under ORS 430.391 (Behavioral Health Resource Network statewide telephone hotline) for telephone screenings during nonbusiness hours such as evenings, weekends and holidays. Notwithstanding paragraph (c) of this subsection, only one grantee in each network within each county is required to provide the screenings described in this subparagraph.

(B) Comprehensive behavioral health needs assessment, including a substance use screening by a certified alcohol and drug counselor or other credentialed addiction treatment professional. The assessment shall prioritize the self-identified needs of a client.

(C) Individual intervention planning, case management and connection to services. If, after the completion of a screening, a client indicates a desire to address some or all of the identified needs, a case manager shall work with the client to design an individual intervention plan. The plan must address the client’s need for substance use treatment, coexisting health problems, housing, employment and training, child care and other services.

(D) Ongoing peer counseling and support from screening and assessment through implementation of individual intervention plans as well as peer outreach workers to engage directly with marginalized community members who could potentially benefit from the network’s services.

(E) Assessment of the need for, and provision of, mobile or virtual outreach services to:

(i) Reach clients who are unable to access the network; and

(ii) Increase public awareness of network services.

(F) Harm reduction services and information and education about harm reduction services.

(G) Low-barrier substance use treatment.

(H) Transitional and supportive housing for individuals with substance use.

(f) If an applicant for a grant or funding under this subsection is unable to provide all of the services described in paragraph (e) of this subsection, the applicant may identify how the applicant intends to partner with other entities to provide the services, and the authority and the council may facilitate collaboration among applicants.

(g) All services provided through the networks must be evidence-informed, trauma-informed, culturally specific, linguistically responsive, person-centered and nonjudgmental. The goal shall be to address effectively the client’s substance use and any other social determinants of health.

(h) The networks must be adequately staffed to address the needs of people with substance use within their regions as prescribed by the authority by rule, including, at a minimum, at least one person in each of the following categories:

(A) Alcohol and drug counselor certified by the authority or other credentialed addiction treatment professional;

(B) Case manager;

(C) Addiction peer support specialist certified by the authority;

(D) Addiction peer wellness specialist certified by the authority;

(E) Recovery mentor, certified by the Mental Health and Addiction Certification Board of Oregon or its successor organization; and

(F) Youth support specialist certified by the authority.

(i) Verification of a screening by a certified addiction peer support specialist, wellness specialist or other person in accordance with paragraph (e)(A) of this subsection shall promptly be provided to the client by the entity conducting the screening. If the client executes a valid release of information, the entity shall provide verification of the screening to the authority or a contractor of the authority and the authority or the authority’s contractor shall forward the verification to the court, in the manner prescribed by the Chief Justice of the Supreme Court, to satisfy the conditions for dismissal under ORS 153.062 (Class E violation proceedings) or 475.237 (Treatment of offense as Class E violation) .

(3) Intentionally left blank —Ed.

(a) If moneys remain in the Drug Treatment and Recovery Services Fund after the council has committed grants and funding to establish behavioral health resource networks serving every county in this state, the council shall authorize grants and funding to other agencies or organizations, whether government or community based, and to the nine federally recognized tribes in this state and service providers that are affiliated with the nine federally recognized tribes in this state to increase access to one or more of the following:

(A) Low-barrier substance use treatment that is evidence-informed, trauma-informed, culturally specific, linguistically responsive, person-centered and nonjudgmental;

(B) Peer support and recovery services;

(C) Transitional, supportive and permanent housing for persons with substance use;

(D) Harm reduction interventions including, but not limited to, overdose prevention education, access to short-acting opioid antagonists, as defined in ORS 689.800 (Opioid overdose) , and sterile syringes and stimulant-specific drug education and outreach; or

(E) Incentives and supports to expand the behavioral health workforce to support the services delivered by behavioral health resource networks and entities receiving grants or funding under this subsection.

(b) A recipient of a grant or funding under this subsection may not use the grant or funding to supplant the recipient’s existing funding.

(4) In awarding grants and funding under subsections (1) and (3) of this section, the council shall:

(a) Distribute grants and funding to ensure access to:

(A) Historically underserved populations; and

(B) Culturally specific and linguistically responsive services.

(b) Consider any inventories or surveys of currently available behavioral health services.

(c) Consider available regional data related to the substance use treatment needs and the access to culturally specific and linguistically responsive services in communities in this state.

(d) Consider the needs of residents of this state for services, supports and treatment at all ages.

(5) The council shall require any government entity that applies for a grant to specify in the application details regarding subgrantees and how the government entity will fund culturally specific organizations and culturally specific services. A government entity receiving a grant must make an explicit commitment not to supplant or decrease any existing funding used to provide services funded by the grant.

(6) In determining grants and funding to be awarded, the council may consult the comprehensive addiction, prevention, treatment and recovery plan established by the Alcohol and Drug Policy Commission under ORS 430.223 (Comprehensive addiction, prevention, treatment and recovery plan) and the advice of any other group, agency, organization or individual that desires to provide advice to the council that is consistent with the terms of this section.

(7) Services provided by grantees, including services provided by a Behavioral Health Resource Network, shall be free of charge to the clients receiving the services. Grantees in each network shall seek reimbursement from insurance issuers, the medical assistance program or any other third party responsible for the cost of services provided to a client and grants and funding provided by the council or the authority under this section may be used for copayments, deductibles or other out-of-pocket costs incurred by the client for the services.

(8) Subsection (7) of this section does not require the medical assistance program to reimburse the cost of services for which another third party is responsible in violation of 42 U.S.C. 1396a(25). [2021 c.2 §2; 2021 c.10 §16; 2021 c.591 §2; 2023 c.248 §7; 2023 c.593 §24]

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

Source: Section 430.389 — Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 428.220 — OR Code / Title 35 / Chapter 428 / Section 428.220
428.220 Determining residence
Status: in_force

(1) In determining whether or not any person committed by a court of competent jurisdiction to a state hospital, foreign hospital or facility is a resident of this state:

(a) The time spent in a state hospital or foreign hospital or on parole from a state hospital or foreign hospital, or in a facility shall not be counted in determining the residence of such person in this or any other state.

(b) The residence of such person at the time of commitment shall remain the residence of the person for the duration of the commitment of the person.

(2) The Department of Human Services may give written authorization for the admission to a facility whenever:

(a) The residence of any person cannot be established after reasonable and diligent investigation and effort.

(b) The peculiar circumstances of a case, in the judgment of the department, provide a sufficient reason for the suspension of the residence requirement provided by ORS 428.210 (Definitions for ORS 428.210 to 428.270) (8).

(3) The Oregon Health Authority may give written authorization for the admission to the Oregon State Hospital whenever:

(a) The residence of any person cannot be established after reasonable and diligent investigation and effort.

(b) The peculiar circumstances of a case, in the judgment of the authority, provide a sufficient reason for the suspension of the residence requirement provided by ORS 428.210 (Definitions for ORS 428.210 to 428.270) (8). [1957 c.388 §6; 2009 c.595 §450; 2013 c.36 §18; 2015 c.318 §16]

Source: Section 428.220 — Determining residence; admission of person whose residence is not established , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 426.133 — OR Code / Title 35 / Chapter 426 / Section 426.133
426.133 Assisted outpatient treatment
Status: in_force

(1) As used in ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) , “assisted outpatient treatment” may not be construed to be a commitment under ORS 426.130 (Court determination of mental illness) and does not include taking a person into custody or the forced medication of a person.

(2) A court may issue an order requiring a person to participate in assisted outpatient treatment if the court finds that the person:

(a) Intentionally left blank —Ed.

(A) Is 18 years of age or older;

(B) Has a mental disorder;

(C) Will not obtain treatment in the community voluntarily; and

(D) Is unable to make an informed decision to seek or to comply with voluntary treatment; and

(b) As a result of being a person described in paragraph (a) of this subsection:

(A) Is incapable of surviving safely in the community without treatment; and

(B) Requires treatment to prevent a deterioration in the person’s condition that will predictably result in the person becoming a person with mental illness.

(3) In determining whether to issue the order under subsection (2) of this section, the court shall consider, but is not limited to considering, the following factors:

(a) The person’s ability to access finances in order to get food or medicine.

(b) The person’s ability to obtain treatment for the person’s medical condition.

(c) The person’s ability to access necessary resources in the community without assistance.

(d) The degree to which there are risks to the person’s safety.

(e) The likelihood that the person will decompensate without immediate care or treatment.

(f) The person’s previous attempts to inflict physical injury on self or others.

(g) The person’s history of mental health treatment in the community.

(h) The person’s patterns of decompensation in the past.

(i) The person’s risk of being victimized or harmed by others.

(j) The person’s access to the means to inflict harm on self or others.

(4) The community mental health program director may recommend to the court a treatment plan for a person participating in assisted outpatient treatment. The court may adopt the plan as recommended or with modifications.

(5) As part of the order under subsection (2) of this section, the court may prohibit the person from purchasing or possessing a firearm during the period of assisted outpatient treatment 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 adds a firearm prohibition to an order under subsection (2) of this section, the court shall cause a copy of the order to be delivered to the sheriff of the county, who shall enter the information into the Law Enforcement Data System.

(6) The court retains jurisdiction over the person until the earlier of the end of the period of the assisted outpatient treatment established under ORS 426.130 (Court determination of mental illness) (2) or until the court finds that the person no longer meets the criteria in subsection (2) of this section.

(7) This section does not:

(a) Prevent a court from appointing a guardian ad litem to act for the person; or

(b) Require a community mental health program to provide treatment or services to, or supervision of, the person:

(A) If the county lacks sufficient funds for such purposes; or

(B) In the case of a county that has declined to operate or contract for a community mental health program, if the public agency or private corporation that contracts with the Oregon Health Authority to provide the program, as described in ORS 430.640 (Duties of Oregon Health Authority in assisting and supervising community mental health programs) , lacks sufficient funds for such purposes. [2013 c.737 §2; 2015 c.50 §11; 2015 c.785 §1]

Note: 426.133 (Assisted outpatient treatment) was 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 was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 426.133 — Assisted outpatient treatment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.263 — OR Code / Title 35 / Chapter 430 / Section 430.263
430.263 Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services
Status: in_force

(1) As used in this section, “facility” means a:

(a) Sobering facility registered under ORS 430.262 (Registration of sobering facilities) ; or

(b) Facility licensed, certified or otherwise authorized by a public body to provide detoxification services for substance use.

(2) Notwithstanding ORS 689.800 (Opioid overdose) , upon the discharge or release of an individual, a facility shall provide to the individual at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if the individual:

(a) Received addiction treatment at the facility for a current opioid use disorder; and

(b) Is discharged or released to an unlicensed private residence or other unlicensed setting.

(3) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a person who is acting in good faith, if the act does not constitute wanton misconduct, is immune from civil liability for any act or omission of an act committed during the course of providing to an individual opioid overdose reversal medications, and the necessary medical supplies to administer the medications, under subsection (2) of this section.

(b) This subsection does not apply to a person involved in the manufacture or sale of opioid overdose reversal medication.

(4) The requirements of subsection (2) of this section do not apply if an individual leaves the facility against the facility’s advice. [2023 c.297 §4]

Note: 430.263 (Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services) 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.

Note: Section 7, chapter 297, Oregon Laws 2023, provides:

Sec. 7. The Oregon Health Authority shall facilitate access to opioid overdose reversal medications and the necessary medical supplies to administer the medications for hospitals licensed under ORS chapter 441, long term care facilities as defined in ORS 442.015 (Definitions) , facilities as defined in section 4 of this 2023 Act [ 430.263 (Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services) ] and facilities as defined in section 6 of this 2023 Act [ 443.454 (Provision of opioid overdose reversal medication upon discharge, release or transfer of resident from facility where resident received addiction treatment) ] for the purposes of carrying out sections 2 [ 441.052 (Provision of opioid reversal medication upon discharge or release from hospital) ], 3 [ 441.698 (Provision of opioid reversal medication and supplies upon discharge or transfer of resident who received addiction treatment) ], 4 and 6 of this 2023 Act. [2023 c.297 §7]

Source: Section 430.263 — Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services; civil immunity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.392 — OR Code / Title 35 / Chapter 430 / Section 430.392
430.392 Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund
Status: in_force

(1) The Division of Audits of the office of the Secretary of State shall conduct performance audits and financial reviews as provided in this section, regarding the uses of the Drug Treatment and Recovery Services Fund and the effectiveness of the fund in achieving the purposes of the fund and the policy objectives of ORS 430.383 (Findings and policy) . Recipients of grants or funds under 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 keep accurate books, records and accounts that are subject to inspection and audit by the division.

(2) The division shall monitor and report on the progress in implementing any recommendations made in the audit or financial review. The division shall follow up on recommendations as part of recurring audit work or as an activity separate from other audit activity. When following up on recommendations, the division may request from the appropriate agency evidence of implementation.

(3) The audits set forth in this section shall be conducted pursuant to the provisions of ORS chapter 297, except to the extent any provision of ORS chapter 297 conflicts with any provision of ORS 293.665 (Calculation of savings resulting from penalty reductions for certain offenses) and 305.231 (Department of Revenue to transfer moneys to Drug Treatment and Recovery Services Fund) and 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) , in which case the provisions of ORS 293.665 (Calculation of savings resulting from penalty reductions for certain offenses) and 305.231 (Department of Revenue to transfer moneys to Drug Treatment and Recovery Services Fund) and 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) shall control.

(4) No later than December 31, 2023, the division shall perform a:

(a) Real-time audit, as prescribed by the division, which shall include an assessment of the relationship between the Oversight and Accountability Council and the Oregon Health Authority, the relationship between the council and recipients of grants or funding and the structural integrity of ORS 293.665 (Calculation of savings resulting from penalty reductions for certain offenses) and 305.231 (Department of Revenue to transfer moneys to Drug Treatment and Recovery Services Fund) and 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) , including but not limited to assessing:

(A) Whether the organizational structure of the council contains conflicts or problems.

(B) Whether the rules adopted by the council are clear and functioning properly.

(C) Whether the council has sufficient authority and independence to achieve the council’s mission.

(D) Whether the authority is fulfilling the authority’s duties under ORS 430.384 (Drug Treatment and Recovery Services Fund established) , 430.387 (Distribution of moneys in fund) , 430.390 (Administration of grants) and 430.391 (Behavioral Health Resource Network statewide telephone hotline) .

(E) Whether there are conflicts of interest in the process of awarding grants or funding.

(F) Whether there are opportunities to expand collaboration between the council and state agencies.

(G) Whether barriers exist in data collection and evaluation mechanisms.

(H) Who is providing the data.

(I) Other areas identified by the division.

(b) Financial review, which shall include an assessment of the following:

(A) Whether grants and funding are going to organizations that are culturally responsive and linguistically specific, including an assessment of:

(i) The barriers that exist for grant and funding applicants who are Black, Indigenous or People of Color.

(ii) The applicants that were denied and why.

(iii) Whether grants and other funding are being disbursed based on the priorities specified 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) .

(iv) For government entities receiving grants or funding under ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) , the government entities’ subgrantees and whether the governmental entity supplanted or decreased any local funding dedicated to the same services after receiving grants or funds under ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) .

(v) What proportion of grants or funds received by grantees and others under ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) , was devoted to administrative costs.

(B) The organizations and agencies receiving grants or funding under ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) and:

(i) Which of the organizations and agencies are Behavioral Health Resource Network entities.

(ii) The amount each organization and agency received.

(iii) The total number of organizations and agencies that applied for grants or funding.

(iv) The amount of moneys from the fund that were used to administer the programs selected by the council.

(v) The moneys that remained in the Drug Treatment and Recovery Services Fund after grants and funding were disbursed.

(5) No later than December 31, 2025, the division shall conduct a performance audit, which must include an assessment of the following:

(a) All relevant data regarding the implementation of ORS 153.062 (Class E violation proceedings) and 430.391 (Behavioral Health Resource Network statewide telephone hotline) , including demographic information on individuals who receive citations subject to ORS 153.062 (Class E violation proceedings) and 430.391 (Behavioral Health Resource Network statewide telephone hotline) and whether the citations resulted in connecting the individuals with treatment.

(b) The functioning of:

(A) Law enforcement and the courts in relation to Class E violation citations;

(B) The telephone hotline operated by the authority;

(C) Entities providing verification of screenings under ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) ; and

(D) The grants and funding systems between the council, the authority and recipients of grants or funding, including by gathering information about which entities are receiving grants or funding and what the grants or funding are used for, the process of applying for grants or funding and whether the process is conducive to obtaining qualified applicants for grants or funding who are from communities of color.

(c) Disparities shown by demographic data and whether the citation data reveals a disproportionate use of citations in communities most impacted by the war on drugs.

(d) Whether ORS 153.062 (Class E violation proceedings) , 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) and 430.391 (Behavioral Health Resource Network statewide telephone hotline) reduce the involvement in the criminal justice system of individuals with substance use.

(e) Training opportunities provided to law enforcement officials regarding services that are available and how to connect individuals to the services.

(f) The efficacy of issuing citations as a method of connecting individuals to services.

(g) The role of the implementation of ORS 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) in reducing overdose rates.

(h) Outcomes for individuals receiving treatment and other social services under ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) , including, but not limited to, the following:

(A) Whether access to care increased since December 3, 2020, and, if data is available, whether, since December 3, 2020:

(i) The number of drug and alcohol treatment service providers increased.

(ii) The number of culturally specific providers increased.

(iii) Access to harm reduction services has increased.

(iv) More individuals are accessing treatment than they were before December 3, 2020.

(v) Access to housing for individuals with substance use has increased.

(B) Data on Behavioral Health Resource Networks and recipients of grants and funding under ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) , including:

(i) The outcomes of each network or recipient, including but not limited to the number of clients with substance use receiving services from each network or recipient, the average duration of client participation and client outcomes.

(ii) The number of individuals seeking assistance from the network or recipients who are denied or not connected to substance use treatment and other services, and the reasons for the denials.

(iii) The average time it takes for clients to access services and fulfill their individual intervention plan and the reason for any delays, such as waiting lists at referred services.

(iv) Whether average times to access services to which clients are referred, such as housing or medically assisted treatment, have decreased over time since December 3, 2020.

(v) Demographic data on clients served by Behavioral Health Resource Networks, including self-reported demographic data on race, ethnicity, gender and age.

(i) Each recipient of a grant or funding.

(j) Other areas identified by the division for ascertaining best practices for overdose prevention.

(6) The division shall conduct periodic performance audits and financial reviews pursuant to the division’s annual audit plan and taking into consideration the risks of the program. [2021 c.2 §24; 2021 c.591 §22; 2023 c.248 §10]

Note: The amendments to 430.392 (Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund) by section 11, chapter 248, Oregon Laws 2023, become operative January 2, 2026. See section 15, chapter 248, Oregon Laws 2023. The text that is operative on and after January 2, 2026, is set forth for the user’s convenience.

430.392 (Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund) . (1) The Division of Audits of the office of the Secretary of State shall conduct performance audits and financial reviews as provided in this section, regarding the uses of the Drug Treatment and Recovery Services Fund and the effectiveness of the fund in achieving the purposes of the fund and the policy objectives of ORS 430.383 (Findings and policy) . Recipients of grants or funds under 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 keep accurate books, records and accounts that are subject to inspection and audit by the division.

(2) The division shall monitor and report on the progress in implementing any recommendations made in the audit or financial review. The division shall follow up on recommendations as part of recurring audit work or as an activity separate from other audit activity. When following up on recommendations, the division may request from the appropriate agency evidence of implementation.

(3) The audits set forth in this section shall be conducted pursuant to the provisions of ORS chapter 297, except to the extent any provision of ORS chapter 297 conflicts with any provision of ORS 293.665 (Calculation of savings resulting from penalty reductions for certain offenses) and 305.231 (Department of Revenue to transfer moneys to Drug Treatment and Recovery Services Fund) and 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) , in which case the provisions of ORS 293.665 (Calculation of savings resulting from penalty reductions for certain offenses) and 305.231 (Department of Revenue to transfer moneys to Drug Treatment and Recovery Services Fund) and 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) shall control.

(4) The division shall conduct periodic performance audits and financial reviews pursuant to the division’s annual audit plan and taking into consideration the risks of the program.

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

Source: Section 430.392 — Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.235 — OR Code / Title 35 / Chapter 426 / Section 426.235
426.235 Transfer between hospital and nonhospital facilities
Status: in_force

(1) The community mental health program director may transfer a person in custody under ORS 426.232 (Emergency admission) , 426.233 (Authority of community mental health program director and of other individuals) or 426.237 (Prehearing detention) (1)(b) to a hospital or nonhospital facility approved by the Oregon Health Authority at any time during the period of detention.

(2) A person in custody at a hospital may be transferred from the hospital only with the consent of the licensed independent practitioner who is treating the person and when the director of a nonhospital facility approved by the authority agrees to admit the person.

(3) A person in custody at a nonhospital facility approved by the authority may be transferred to a hospital approved by the authority only when a licensed independent practitioner with admitting privileges agrees to admit the person.

(4) In transporting a person between a hospital and nonhospital facility under this section, the community mental health program director has all the powers provided in ORS 133.225 (Arrest by private person) and 161.255 (Use of physical force by private person making citizen’s arrest) and may compel the assistance of any peace officer or other authorized individual.

(5) When a person is transferred under this section, the community mental health program director shall notify immediately the court notified under ORS 426.234 (Duties of professionals at facility where person admitted) (2) or (3) of the fact of the transfer and of the location of the person. [1993 c.484 §7; 2009 c.595 §407; 2013 c.360 §43; 2015 c.461 §16]

Note: See note under 426.228 (Custody) .

Source: Section 426.235 — Transfer between hospital and nonhospital facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.233 — OR Code / Title 35 / Chapter 430 / Section 430.233
430.233 Improving People’s Access to Community-based Treatment, Supports and Services Account
Status: in_force

The Improving People’s Access to Community-based Treatment, Supports and Services Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee for the purpose of carrying out ORS 430.231 (Improving People’s Access to Community-based Treatment, Supports and Services Program established) . [2019 c.563 §2]

Note: See note under 430.230 (Definitions) .

Source: Section 430.233 — Improving People’s Access to Community-based Treatment, Supports and Services Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.629 — OR Code / Title 35 / Chapter 430 / Section 430.629
430.629 Oversight and direction on implementation and operation of statewide coordinated crisis system
Status: in_force

The Oregon Health Authority shall establish an advisory committee in accordance with ORS 430.075 (Consumer participation on task forces, commissions, advisory groups and committees) or assign tasks to existing agencies, boards or committees to provide primary oversight and direction on the implementation and operation of the statewide coordinated crisis system described in ORS 430.626 (Definitions) to 430.628 (City and community mental health program provision of crisis stabilization services) and to provide guidance to the authority, gather feedback and make recommendations regarding the planning and implementation of the 9-8-8 suicide prevention and behavioral health crisis hotline. The advisory committee must include but is not limited to:

(1) Representatives of the crisis hotline center maintained under ORS 430.627 (Statewide coordinated crisis system) (4) and 9-1-1 call centers, the Oregon Department of Emergency Management, local public health and mental health authorities, hospitals and health systems, coordinated care organizations, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , telecommunication providers, law enforcement and the 988 Suicide and Crisis Lifeline Local Mental Health Authority; and

(2) Certified peer support specialists, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , individuals with lived experiences in mental illness or substance use disorder and their family members and caregivers, consumers of behavioral health services, including youth and families, and other stakeholders identified by the authority. [2021 c.617 §5; 2023 c.251 §5]

Note: See note under 430.626 (Definitions) .

Source: Section 430.629 — Oversight and direction on implementation and operation of statewide coordinated crisis system , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.638 — OR Code / Title 35 / Chapter 430 / Section 430.638
430.638 Immunity from civil liability for reliance on certificate of approval
Status: in_force

A coordinated care organization, insurer or health care service contractor that relies in good faith on an assessment conducted according to the criteria adopted under ORS 430.637 (Criteria for certificate of approval issued to mental health or substance use disorder treatment provider) shall be immune from civil liability that might otherwise be incurred or imposed. [2013 c.362 §2]

Note: See note under 430.637 (Criteria for certificate of approval issued to mental health or substance use disorder treatment provider) .

Source: Section 430.638 — Immunity from civil liability for reliance on certificate of approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.401 — OR Code / Title 35 / Chapter 430 / Section 430.401
430.401 Liability of public officers, providers, treatment facilities and sobering facilities
Status: in_force

(1) A police officer, physician, naturopathic physician, physician assistant, nurse practitioner, judge, treatment facility, treatment facility staff member or sobering facility that is registered with the Oregon Health Authority under ORS 430.262 (Registration of sobering facilities) based on a written request for registration received by the authority before January 1, 2016, or the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS 430.315 (Policy) , 430.335 (Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders) , 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) and 430.402 (Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs) provided the actions are in good faith, on probable cause and without malice.

(2) A sobering facility registered with the authority under ORS 430.262 (Registration of sobering facilities) based on a written request for registration received by the authority on or after January 1, 2016, and the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS 430.315 (Policy) , 430.335 (Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders) , 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) and 430.402 (Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs) provided the actions are in good faith, on probable cause and without gross negligence. [Formerly 426.470; 2014 c.45 §47; 2015 c.730 §4; 2017 c.356 §55]

Note: See note under 430.397 (Voluntary admission of person to treatment facility) .

Source: Section 430.401 — Liability of public officers, providers, treatment facilities and sobering facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.241 — OR Code / Title 35 / Chapter 426 / Section 426.241
426.241 Payment of care, custody and treatment costs
Status: in_force

(1) The cost of emergency psychiatric care, custody and treatment related to or resulting from such psychiatric condition, provided by a hospital or other facility approved by the Oregon Health Authority and the community mental health program director of the county in which the facility is located, except a state hospital, for a person alleged to have a mental illness who is admitted or detained under ORS 426.070 (Initiation) , 426.140 (Place of confinement) , 426.228 (Custody) , 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) , or for a person with mental illness who is admitted or detained under ORS 426.150 (Transportation to treatment facility) , 426.223 (Retaking persons in custody of or committed to Oregon Health Authority) , 426.273 (Trial visits) , 426.275 (Effect of failure to adhere to condition of placement) or 426.292 (Release prior to expiration of term of commitment) , shall be paid by the community mental health program in the county of which the person is a resident from state funds provided to the community mental health program for this purpose. The community mental health program is responsible for the cost when state funds provided to the community mental health program are exhausted. The hospital or other facility shall charge to and collect from the person, third party payers or other legally or financially responsible individuals or entities the costs of the emergency care, custody and treatment, as it would for any other patient, and any funds received shall be applied as an offset to the cost of the services provided under this section.

(2) If any person is admitted to or detained in a state hospital under ORS 426.070 (Initiation) , 426.140 (Place of confinement) , 426.180 (Emergency commitment of individuals in Indian country) to 426.210 (Limit of detention after commitment in emergency proceedings) , 426.228 (Custody) , 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) for emergency care, custody or treatment, the authority shall charge to and collect from the person, third party payers or other legally or financially responsible individuals or entities the costs as it would for other patients of the state hospitals under the provisions of ORS 179.610 (Definitions for ORS 179.610 to 179.770) to 179.770 (Rules) .

(3) If any person is adjudged to have a mental illness under the provisions of ORS 426.130 (Court determination of mental illness) , or determined to be an extremely dangerous person with mental illness under ORS 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) or 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) , and the person receives care and treatment in a state hospital, the person, third party payers or other legally or financially responsible individuals or entities shall be required to pay for the costs of the hospitalization at the state hospital, as provided by ORS 179.610 (Definitions for ORS 179.610 to 179.770) to 179.770 (Rules) , if financially able to do so.

(4) For purposes of this section and ORS 426.310 (Reimbursement of county expenses for commitment proceedings involving nonresidents) , “resident” means resident of the 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 has been conditionally released.

(5) Intentionally left blank —Ed.

(a) The authority may deny payment for part or all of the emergency psychiatric services provided by a hospital or nonhospital facility under ORS 426.232 (Emergency admission) , 426.233 (Authority of community mental health program director and of other individuals) or 426.237 (Prehearing detention) when the authority finds, upon review, that the condition of the person alleged to have a mental illness did not meet the admission criteria in ORS 426.232 (Emergency admission) (1), 426.233 (Authority of community mental health program director and of other individuals) (1) or 426.237 (Prehearing detention) (1)(b)(A). The payer responsible under this section shall make a request for denial of payment for emergency psychiatric services provided under ORS 426.232 (Emergency admission) , 426.233 (Authority of community mental health program director and of other individuals) or 426.237 (Prehearing detention) in writing to the authority.

(b) The authority may require the following to provide the authority with any information that the authority determines is necessary to review a request for denial of payment made under this subsection or to conduct a review of emergency psychiatric services for the purpose of planning or defining authority rules:

(A) A hospital or nonhospital facility approved under ORS 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) or 426.237 (Prehearing detention) .

(B) A physician or a person providing emergency psychiatric services under ORS 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) or 426.237 (Prehearing detention) .

(c) The authority shall adopt rules necessary to carry out the purposes of this subsection. [1977 c.764 §5 (enacted in lieu of 426.240); 1979 c.392 §1; 1981 c.750 §16; 1987 c.527 §1; 1993 c.484 §21; 2009 c.595 §411; 2013 c.715 §§8,19; 2015 c.785 §4]

Source: Section 426.241 — Payment of care, custody and treatment costs; denial of payment; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.273 — OR Code / Title 35 / Chapter 426 / Section 426.273
426.273 Trial visits
Status: in_force

(1) During a period of commitment of a patient under ORS 426.130 (Court determination of mental illness) , the Oregon Health Authority may grant a trial visit to the patient for a period of time and under any conditions the authority shall establish. The authority shall only grant a trial visit under this section if the trial visit is agreed to by the community mental health program director, or the designee of the director, for the county in which the person would reside.

(2) When in the opinion of the authority, the committed person can be appropriately served by outpatient care during the period of commitment, the outpatient care may be required as a condition for trial visit for a period which, when added to the inpatient treatment period, shall not exceed the period of commitment. If outpatient care is required as a condition for a trial visit, the conditions shall include a designation of a facility, service or other provider to provide care or treatment.

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

(4) Any trial visit granted under this section is subject to the provisions under ORS 426.275 (Effect of failure to adhere to condition of placement) .

(5) The director of the community mental health program, or designee, of the county in which a person who is on trial visit lives while on trial visit may modify the conditions for continued trial visit when such modification is in the best interest of the person. The director 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) . [1985 c.242 §2 (enacted in lieu of 426.290); 1987 c.903 §28; 2009 c.595 §413; 2013 c.360 §48]

Source: Section 426.273 — Trial visits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.743 — OR Code / Title 35 / Chapter 430 / Section 430.743
430.743 Abuse report
Status: in_force

(1) When a report is required under ORS 430.765 (Duty of officials to report abuse) , an oral report shall be made immediately by telephone or otherwise to the Department of Human Services, the designee of the department or a law enforcement agency within the county where the person making the report is at the time of contact. If known, the report shall include:

(a) The name, age and present location of the allegedly abused adult;

(b) The names and addresses of persons responsible for the adult’s care;

(c) The nature and extent of the alleged abuse, including any evidence of previous abuse;

(d) Any information that led the person making the report to suspect that abuse has occurred plus any other information that the person believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator; and

(e) The date of the incident.

(2) When a report is received by the department’s designee under this section, the designee shall immediately determine whether abuse occurred and if the reported victim has sustained any serious injury. If so, the designee shall immediately notify the department. If there is reason to believe a crime has been committed, the designee shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. If the designee is unable to gain access to the allegedly abused adult, the designee may contact the law enforcement agency for assistance and the agency shall provide assistance. When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not. The receiving agency shall also immediately notify the department in cases of serious injury or death.

(3) Upon receipt of a report of abuse under this section, the department or its designee shall notify:

(a) The agency providing primary case management services to the adult; and

(b) The guardian or case manager of the adult, unless the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse. [1991 c.744 §4; 2001 c.900 §141; 2009 c.837 §16; 2021 c.97 §50]

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

Source: Section 430.743 — Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.140 — OR Code / Title 35 / Chapter 426 / Section 426.140
426.140 Place of confinement
Status: in_force

(1) A person, other than a person incarcerated upon a criminal charge, who has been adjudged to be a person with mental illness or against whom commitment proceedings have been instituted 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, unless the person represents an immediate and serious danger to staff or physical facilities of a hospital or other facility approved by the Oregon Health Authority for the care, custody and treatment of the person.

(2) A person alleged to have a mental illness who has been taken into custody may not be confined, either before or after the commitment hearing, without an attendant in direct charge of the person. If the person is not confined in a community hospital, the sheriff or community mental health program director having the person in custody shall select an appropriate individual to act as attendant in quarters that are suitable for the comfortable, safe and humane confinement of the person and approved by the authority. [Amended by 1973 c.838 §23; 1975 c.690 §9; 1977 c.764 §1; 2009 c.595 §394; 2013 c.360 §32]

Source: Section 426.140 — Place of confinement; attendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.664 — OR Code / Title 35 / Chapter 430 / Section 430.664
430.664 Requirements for developmental disabilities programs and support service brokerages
Status: in_force

(1) Each community developmental disabilities program and support service brokerage shall have a developmental disability advisory committee.

(2) A person with an intellectual or developmental disability who is served by a support service brokerage, and the person’s family members, shall have an opportunity for a formal, significant, continuing role in advising the support service brokerage regarding the design, implementation and quality assurance of the support service brokerage. [2011 c.720 §174; 2019 c.276 §7; 2023 c.128 §1]

Note: 430.664 (Requirements for developmental disabilities programs and support service brokerages) was added to and made a part of 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 430.664 — Requirements for developmental disabilities programs and support service brokerages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.735 — OR Code / Title 35 / Chapter 430 / Section 430.735
430.735 Definitions for ORS 430.735 to 430.765
Status: in_force

As used in ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) :

(1) “Abuse” means one or more of the following:

(a) Abandonment, including desertion or willful forsaking of an adult or the withdrawal or neglect of duties and obligations owed an adult by a caregiver or other person.

(b) Any physical injury to an adult caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

(c) Willful infliction of physical pain or injury upon an adult.

(d) Sexual abuse.

(e) Neglect.

(f) Verbal abuse of an adult.

(g) Financial exploitation of an adult.

(h) Involuntary seclusion of an adult for the convenience of the caregiver or to discipline the adult.

(i) A wrongful use of a physical or chemical restraint upon an adult, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) , naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.

(j) An act that constitutes a crime under ORS 163.375 (Rape in the first degree) , 163.405 (Sodomy in the first degree) , 163.411 (Unlawful sexual penetration in the first degree) , 163.415 (Sexual abuse in the third degree) , 163.425 (Sexual abuse in the second degree) , 163.427 (Sexual abuse in the first degree) , 163.465 (Public indecency) or 163.467 (Private indecency) .

(k) Any death of an adult caused by other than accidental or natural means.

(L) The restraint or seclusion of an adult with a developmental disability in violation of ORS 339.288 (Prohibitions on use of certain restraints) , 339.291 (Use of restraint or seclusion) or 339.308 (Seclusion cell prohibition) .

(m) The infliction of corporal punishment on an adult with a developmental disability in violation of ORS 339.250 (Duty of student to comply with rules) (9).

(2) “Adult” means a person 18 years of age or older:

(a) With a developmental disability who is currently receiving services from a community program or facility or who was previously determined eligible for services as an adult by a community program or facility;

(b) With a severe and persistent mental illness who is receiving mental health treatment from a community program; or

(c) Who is receiving services for a substance use disorder or a mental illness in a facility or a state hospital.

(3) “Adult protective services” means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts and to safeguard the adult’s person, property and funds, including petitioning for a protective order as defined in ORS 125.005 (Definitions) . Any actions taken to protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.

(4) “Caregiver” means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.

(5) “Community program” includes:

(a) A community mental health program or a community developmental disabilities program as established in ORS 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds) ; or

(b) A provider that is paid directly or indirectly by the Oregon Health Authority to provide mental health treatment in the community.

(6) “Facility” means a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.

(7) “Financial exploitation” means:

(a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an adult.

(b) Alarming an adult by conveying a threat to wrongfully take or appropriate money or property of the adult if the adult would reasonably believe that the threat conveyed would be carried out.

(c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an adult.

(d) Failing to use the income or assets of an adult effectively for the support and maintenance of the adult.

(8) “Intimidation” means compelling or deterring conduct by threat.

(9) “Law enforcement agency” means:

(a) Any city or municipal police department;

(b) A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) ;

(c) Any county sheriff’s office;

(d) The Oregon State Police; or

(e) Any district attorney.

(10) “Neglect” means:

(a) Failure to provide the care, supervision or services necessary to maintain the physical and mental health of an adult that may result in physical harm or significant emotional harm to the adult;

(b) Failure of a caregiver to make a reasonable effort to protect an adult from abuse; or

(c) Withholding of services necessary to maintain the health and well-being of an adult that leads to physical harm of the adult.

(11) “Public or private official” means:

(a) Physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) , naturopathic physician, psychologist or chiropractor, including any intern or resident;

(b) Licensed practical nurse, registered nurse, nurse’s aide, home health aide or employee of an in-home health service;

(c) Employee of the Department of Human Services or Oregon Health Authority, local health department, community mental health program or community developmental disabilities program or private agency contracting with a public body to provide any community mental health service;

(d) Peace officer;

(e) Member of the clergy;

(f) Regulated social worker;

(g) Physical, speech or occupational therapist;

(h) Information and referral, outreach or crisis worker;

(i) Attorney;

(j) Licensed professional counselor or licensed marriage and family therapist;

(k) Any public official;

(L) Firefighter or emergency medical services provider;

(m) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state;

(n) Personal support worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) ;

(o) Home care worker, as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) ; or

(p) Individual paid by the Department of Human Services to provide a service identified in an individualized service plan of an adult with a developmental disability.

(12) “Services” includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an adult.

(13) Intentionally left blank —Ed.

(a) “Sexual abuse” means:

(A) Sexual contact with a nonconsenting adult or with an adult considered incapable of consenting to a sexual act under ORS 163.315 (Incapacity to consent) ;

(B) Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit material or language;

(C) Any sexual contact between an employee of a facility or paid caregiver and an adult served by the facility or caregiver;

(D) Any sexual contact between an adult and a relative of the adult other than a spouse;

(E) Any sexual contact that is achieved through force, trickery, threat or coercion; or

(F) Any sexual contact between an individual receiving mental health or substance abuse treatment and the individual providing the mental health or substance abuse treatment.

(b) “Sexual abuse” does not mean consensual sexual contact between an adult and a paid caregiver who is the spouse of the adult.

(14) “Sexual contact” has the meaning given that term in ORS 163.305 (Definitions) .

(15) “Verbal abuse” means to threaten significant physical or emotional harm to an adult through the use of:

(a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or

(b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [1991 c.744 §2; 1999 c.463 §7; 2003 c.443 §4; 2007 c.21 §2; 2007 c.70 §236; 2007 c.492 §2; 2009 c.442 §39; 2009 c.595 §524; 2009 c.837 §15; 2011 c.506 §41; 2011 c.703 §35; 2013 c.129 §27; 2013 c.180 §45; 2014 c.45 §48; 2015 c.179 §3; 2015 c.736 §69; 2017 c.17 §38; 2017 c.356 §58; 2018 c.75 §22; 2018 c.77 §2; 2019 c.455 §§5,6; 2021 c.97 §49; 2021 c.251 §3; 2023 c.169 §1]

Note: 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) 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 430.735 — Definitions for ORS 430.735 to 430.765 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.768 — OR Code / Title 35 / Chapter 430 / Section 430.768
430.768 Claims of self-defense addressed in certain reports of abuse
Status: in_force

(1) When the Department of Human Services investigates a report of abuse under ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) at a residential training home as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) that is operated by the department or a report of abuse at a state hospital described in ORS 426.010 (State hospitals for persons with mental illness) , the department shall address in the written report of its findings whether the person alleged to be responsible for the abuse was acting in self-defense.

(2) The department shall make a finding that the allegation of abuse is unsubstantiated if the department finds that:

(a) The person was acting in self-defense in response to the use or imminent use of physical force;

(b) The amount of force used was reasonably necessary to protect the person from violence or assault; and

(c) The person used the least restrictive procedures necessary under the circumstances in accordance with an approved behavior management plan or other method of response approved by the department by rule.

(3) Notwithstanding ORS 179.505 (Disclosure of written accounts by health care services provider) , the department shall disclose to the person alleged to be responsible for the abuse a copy of its findings under subsection (1) of this section if the allegation of abuse is substantiated.

(4) If a person makes a claim of self-defense during an investigation of a report of abuse and the allegation is found to be substantiated, the person may ask the Director of Human Services to review the finding. The director shall appoint a review team to conduct the review and make a recommendation to the director under procedures adopted by the director by rule.

(5) As used in this section, “self-defense” means the use of physical force upon another person in self-defense or to defend a third person. [2005 c.660 §1]

Note: 430.768 (Claims of self-defense addressed in certain reports of abuse) 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.

PROGRAM FOR PERSONS CONVICTED OF DRIVING UNDER INFLUENCE OF ALCOHOL; CRIMES COMMITTED WHILE INTOXICATED

Source: Section 430.768 — Claims of self-defense addressed in certain reports of abuse; review teams; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.375 — OR Code / Title 35 / Chapter 430 / Section 430.375
430.375 Fee schedule
Status: in_force

The Oregon Health Authority shall recommend fee schedules to be used in determining the dollar fee to charge a person admitted to approved alcohol and drug abuse prevention, early intervention and treatment services for the expenses incurred by the service in offering alcohol and drug abuse prevention, early intervention and treatment services. An individual facility may adopt the schedules developed by the authority or may, subject to the approval of the authority, develop and adopt its own fee schedules. The fee schedules adopted by each facility shall be applied uniformly to all persons admitted to the facility and shall be based on the costs of a person’s alcohol and drug abuse prevention, early intervention and treatment services and the ability of the person to pay. The person admitted shall be liable to the facility only to the extent indicated by the fee schedules. [1973 c.682 §10; 1977 c.856 §15; 1987 c.53 §11; 2009 c.595 §491]

Source: Section 430.375 — Fee schedule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.694 — OR Code / Title 35 / Chapter 430 / Section 430.694
430.694 Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds
Status: in_force

In all cases where federal granted funds are involved, the federal laws, rules and regulations applicable thereto shall govern notwithstanding any provision to the contrary in ORS 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds) . [Formerly 430.660]

Source: Section 430.694 — Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.745 — OR Code / Title 35 / Chapter 430 / Section 430.745
430.745 Investigation of abuse
Status: in_force

(1) Upon receipt of any report of alleged abuse of an adult, or upon receipt of a report of a death of an adult that may have been caused by other than accidental or natural means, the Department of Human Services or its designee shall investigate promptly to determine if abuse occurred or whether a death was caused by abuse. If the department or its designee determines that a law enforcement agency is conducting an investigation of the same incident, the department or its designee need not conduct its own investigation.

(2) The department or its designee may enter a facility and inspect and copy records of a facility or community program if necessary for the completion of the investigation.

(3) In cases in which the department, its designee or the law enforcement agency conducting the investigation finds reasonable cause to believe that an adult has died as a result of abuse, it shall report that information to the appropriate medical examiner. The medical examiner shall complete an investigation as required under ORS chapter 146 and report the findings to the department, its designee or the law enforcement agency.

(4) Upon completion of an investigation conducted by a law enforcement agency, that agency shall provide the department or its designee with a report of its findings and supporting evidence.

(5) If the department or its designee determines that there is reasonable cause to believe that abuse occurred at a facility or that abuse was caused or aided by a person licensed by a licensing agency to provide care or services, the department or its designee shall immediately notify each appropriate licensing agency and provide each licensing agency with a copy of its investigative findings.

(6) Upon completion of the investigation, the department or its designee shall prepare written findings that include recommended actions and a determination of whether protective services are needed. The department or its designee shall provide appropriate protective services as necessary to prevent further abuse of the adult. Any protective services provided shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence that is available within existing resources.

(7) If the department or its designee determines that there is reason to believe a crime has occurred, the department or its designee shall report the findings to the appropriate law enforcement agency. The law enforcement agency must confirm its receipt of the report to the department or its designee. The agency shall notify the department or its designee of its determination:

(a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation;

(b) That the findings have been given to the district attorney for review; or

(c) That there will be a criminal investigation.

(8) If a law enforcement agency gives the findings of the department or its designee to the district attorney for review, the district attorney shall notify the department or its designee that the district attorney has received the findings and shall inform the department or its designee whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department or its designee.

(9) If a district attorney files charges stemming from a report from the department or its designee and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department or its designee of the determination and shall include information explaining the basis for the determination. [1991 c.744 §5; 2009 c.837 §§17,18]

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

Source: Section 430.745 — Investigation of abuse; notice to medical examiners; findings; recommendations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.850 — OR Code / Title 35 / Chapter 430 / Section 430.850
430.850 Treatment program
Status: in_force

(1) Subject to the availability of funds therefor, the Oregon Health Authority may establish and administer a treatment program with courts, with the consent of the judge thereof, for any person convicted of driving under the influence of alcohol, or of any crime committed while the defendant was intoxicated when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment, who is eligible under subsection (2) of this section to participate in such program. The program must meet minimum standards established by the authority under ORS 430.357 (Minimum standards) .

(2) A person eligible to participate in the program is a person who:

(a) Intentionally left blank —Ed.

(A) Has been convicted of driving under the influence of alcohol if such conviction has not been appealed, or if such conviction has been appealed, whose conviction has been sustained upon appeal; or

(B) Has been convicted of any crime committed while the defendant was intoxicated if such conviction has not been reversed on appeal, and when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment; and

(b) Intentionally left blank —Ed.

(A) Has been referred by the participating court to the authority for participation in the treatment program;

(B) Prior to sentencing, has been medically evaluated by the authority and accepted by the authority as a participant in the program;

(C) Has consented as a condition to probation to participate in the program; and

(D) Has been sentenced to probation by the court, a condition of which probation is participation in the program according to the rules adopted by the authority under ORS 430.870 (Rules) . [1973 c.340 §1; 1993 c.14 §25; 2009 c.595 §525; 2011 c.673 §36]

Source: Section 430.850 — Treatment program; eligibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.383 — OR Code / Title 35 / Chapter 430 / Section 430.383
430.383 Findings and policy
Status: in_force

(1) Intentionally left blank —Ed.

(a) The people of Oregon find that drug addiction and overdoses are a serious problem in Oregon and that Oregon needs to expand access to drug treatment.

(b) The people of Oregon further find that a health-based approach to addiction and overdose is more effective, humane and cost-effective than criminal punishments. Making people criminals because they suffer from addiction is expensive, ruins lives and can make access to treatment and recovery more difficult.

(2) Intentionally left blank —Ed.

(a) The purpose of the Drug Addiction Treatment and Recovery Act of 2020 is to make screening, health assessment, treatment and recovery services for drug addiction available to all those who need and want access to those services and to adopt a health approach to drug addiction by removing criminal penalties for low-level drug possession.

(b) It is the policy of the State of Oregon:

(A) That screening, health assessment, treatment and recovery services for drug addiction are available to all those who need and want access to those services; and

(B) To encourage treatment and recovery for people struggling with substance use.

(3) The provisions of ORS 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) shall be interpreted consistently with the findings, purposes and policy objectives stated in this section and shall not be limited by any policy set forth in Oregon law that could conflict with or be interpreted to conflict with the purposes and policy objectives stated in this section.

(4) As used in ORS 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) , “recovery” means a process of change through which individuals improve their health and wellness, live a self-directed life and strive to reach their full potential. [2021 c.2 §1; 2021 c.591 §1; 2023 c.248 §2]

Note: 430.383 (Findings and policy) to 430.392 (Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund) and 430.394 (Education campaign) were enacted into law but were not added to or made a part of ORS chapter 430 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 430.383 — Findings and policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.545 — OR Code / Title 35 / Chapter 430 / Section 430.545
430.545 Procedures at evaluation sites
Status: in_force

(1) Evaluation sites provided for 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) shall conduct such procedures as may be necessary to determine if an individual is a drug-dependent person. A person shall be evaluated only with that person’s written consent. Subject to approval of the Oregon Health Authority, the director of a treatment facility or the director of an evaluation site may designate personnel to provide treatment or evaluation as appropriate under the lawful limitations of their certification, licensure or professional practice.

(2) Antagonist drugs may be administered for diagnosis of addiction by a registered nurse at an approved site when the nurse has completed required training and a physician or naturopathic physician is available on call. Antagonist drugs shall not be administered without informed written consent of the person. [1977 c.871 §22; 1979 c.744 §28; 2009 c.595 §502; 2017 c.356 §56]

Source: Section 430.545 — Procedures at evaluation sites; administration of antagonist drugs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.236 — OR Code / Title 35 / Chapter 430 / Section 430.236
430.236 Establishment of quality improvement subcommittee
Status: in_force

(1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee shall establish a quality improvement subcommittee to:

(a) Establish outcome measures or evaluation tools for programs receiving grants under the Improving People’s Access to Community-based Treatment, Supports and Services Program; and

(b) Establish a statewide system for tracking simple, clear and meaningful outcome data that is timely and easily accessed to inform best practices and improve outcomes for individual participants.

(2) Data provided to the subcommittee may be used only for statistical purposes and may not be used for any other purpose. Any data received by the subcommittee that contains personally identifiable information is exempt from public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . The subcommittee may enter into agreements with appropriate agencies or other entities to share data for specified purposes and with safeguards to restrict further disclosure. [2019 c.563 §5]

Note: See note under 430.230 (Definitions) .

Source: Section 430.236 — Establishment of quality improvement subcommittee; statewide data tracking , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.715 — OR Code / Title 35 / Chapter 430 / Section 430.715
430.715 Hospital services
Status: in_force

The Oregon Health Authority may contract for general hospital services and may provide or contract with public or private agencies or persons to provide child care and residential treatment programs to implement the objectives of ORS 430.705 (Mental health services for children) . The authority may also purchase or contract for specific services and supplies for treatment of individual children. [1971 c.300 §3; 1995 c.278 §53; 2009 c.595 §522]

Source: Section 430.715 — Hospital services; child care and residential treatment programs; other services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.165 — OR Code / Title 35 / Chapter 430 / Section 430.165
430.165 Fee schedules
Status: in_force

The Oregon Health Authority may prescribe fee schedules for any of the programs that it establishes and operates under ORS 430.265 (Contracts with federal government for substance use disorder services) , 430.306 (Definitions) to 430.375 (Fee schedule) , 430.405 (Definition) , 430.415 (Drug dependence as illness) and 430.850 (Treatment program) to 430.880 (Gifts, grants or services) . The fees shall be charged and collected by the authority in the same manner as charges are collected under ORS 179.610 (Definitions for ORS 179.610 to 179.770) to 179.770 (Rules) . When the authority acts under this section, “person in a state institution” or “person at a state institution” or any similar phrase, as defined in ORS 179.610 (Definitions for ORS 179.610 to 179.770) , includes a person who receives services from a program for which fee schedules are established under this section. [1975 c.181 §2; 1983 c.338 §927; 2001 c.900 §228; 2009 c.595 §467; 2018 c.76 §4]

Source: Section 430.165 — Fee schedules; collection of fees; definition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.415 — OR Code / Title 35 / Chapter 426 / Section 426.415
426.415 Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age
Status: in_force

(1) The Director of the Oregon Health Authority may adopt rules establishing requirements and procedures for licensing persons who may order, monitor and evaluate the use of restraint and seclusion in facilities providing intensive mental health treatment services to individuals under 21 years of age.

(2) A license may not be issued or renewed under rules adopted under this section unless the person applying for the license or renewal:

(a) Is employed by or providing services under contract with a provider that is certified by the Oregon Health Authority to provide intensive mental health treatment services for individuals under 21 years of age;

(b) Has successfully completed an emergency safety intervention training program approved by the director;

(c) Provides documented evidence of the person’s ability to assess the psychological and physical well-being of individuals under 21 years of age;

(d) Meets other qualifications established by the director by rule for qualified mental health professionals; and

(e) Demonstrates knowledge of federal and state rules governing the use of restraint and seclusion in intensive mental health treatment programs for individuals under 21 years of age.

(3) The rules described in subsection (1) of this section shall:

(a) Specify procedures for issuing and renewing licenses;

(b) Establish a term of licensure;

(c) Require a person issued a license to satisfy annual training requirements relating to emergency safety intervention procedures;

(d) Specify grounds for denial, suspension or revocation of a license;

(e) Set any license or renewal fees the director determines are necessary; and

(f) Specify any other licensing provisions the director determines are necessary to comply with federal law or regulations or to operate a licensing system described in this section. [2001 c.807 §1; 2009 c.595 §426]

Note: 426.415 (Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 426 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 426.415 — Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.078 — OR Code / Title 35 / Chapter 430 / Section 430.078
430.078 Rules
Status: in_force

The Oregon Health Authority shall adopt rules to implement ORS 430.071 (Policies to support and promote independence and self-determination) to 430.075 (Consumer participation on task forces, commissions, advisory groups and committees) . [2007 c.805 §4; 2009 c.595 §464]

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

Source: Section 430.078 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.005 — OR Code / Title 35 / Chapter 426 / Section 426.005
426.005 Definitions for ORS 426.005 to 426.390
Status: in_force

(1) As used in ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) , unless the context requires otherwise:

(a) “Community mental health program director” means the director of an entity that provides the services described in ORS 430.630 (Services to be provided by community mental health programs) (3) to (5).

(b) “Director of the facility” means a superintendent of a state mental hospital, the chief of psychiatric services in a community hospital or the person in charge of treatment and rehabilitation programs at other treatment facilities.

(c) “Facility” means a state mental hospital, community hospital, residential facility, detoxification center, day treatment facility or such other facility as the authority determines suitable that provides diagnosis and evaluation, medical care, detoxification, social services or rehabilitation to persons who are in custody during a prehearing period of detention or who have been committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness) .

(d) “Licensed independent practitioner” means:

(A) A physician, as defined in ORS 677.010 (Definitions for chapter) ;

(B) A nurse practitioner licensed under ORS 678.375 (Nurse practitioners) and authorized to write prescriptions under ORS 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) ; or

(C) A naturopathic physician licensed under ORS chapter 685.

(e) “Nonhospital facility” means any facility, other than a hospital, that is approved by the authority to provide adequate security, psychiatric, nursing and other services to persons under ORS 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) .

(f) “Person with mental illness” means a person who, because of a mental disorder, is one or more of the following:

(A) Dangerous to self or others.

(B) Unable to provide for basic personal needs that are necessary to avoid serious physical harm in the near future, and is not receiving such care as is necessary to avoid such harm.

(C) A person:

(i) With a chronic mental illness, as defined in ORS 426.495 (Definitions for ORS 426.490 to 426.500) ;

(ii) Who, within the previous three years, has twice been placed in a hospital or approved inpatient facility by the authority or the Department of Human Services under ORS 426.060 (Commitment to Oregon Health Authority) ;

(iii) Who is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or inpatient placements referred to in sub-subparagraph (ii) of this subparagraph; and

(iv) Who, unless treated, will continue, to a reasonable medical probability, to physically or mentally deteriorate so that the person will become a person described under either subparagraph (A) or (B) of this paragraph or both.

(g) “Prehearing period of detention” means a period of time calculated from the initiation of custody during which a person may be detained under ORS 426.228 (Custody) , 426.231 (Hold by licensed independent practitioner) , 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) .

(2) Whenever a community mental health program director, director of the facility, superintendent of a state hospital or administrator of a facility is referred to, the reference includes any designee such person has designated to act on the person’s behalf in the exercise of duties. [1961 c.706 §25; 1973 c.838 §1; 1987 c.903 §5; 1989 c.993 §3; 1993 c.484 §11; 2001 c.900 §125; 2007 c.70 §203; 2009 c.595 §381; 2009 c.828 §23; 2011 c.720 §160; 2013 c.360 §15; 2015 c.433 §1; 2015 c.461 §1; 2017 c.356 §47; 2019 c.358 §11]

Source: Section 426.005 — Definitions for ORS 426.005 to 426.390 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.900 — OR Code / Title 35 / Chapter 427 / Section 427.900
427.900 Authority of Department of Human Services to impose civil penalties
Status: in_force

(1) The Department of Human Services shall adopt by rule civil penalties to be imposed, in accordance with ORS 183.745 (Civil penalty procedures) , for a violation of a statutory requirement or a rule adopted by the department applicable to the provision of services described in ORS 409.010 (Department of Human Services) (2) by any provider contracting with the department to provide intellectual or developmental disability services including, but not limited to:

(a) Residential training homes or residential training facilities, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) ;

(b) Adult foster homes, as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) , that provide residential care to individuals with intellectual or developmental disabilities; and

(c) Persons certified by the department to provide developmental disability services, as defined in ORS 427.101 (Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664) .

(2) This section may not be construed to supersede ORS 418.992 (Civil penalty) or 441.710 (Civil penalties) or any other statute that prescribes criteria for or limitations on the imposition of a civil penalty.

(3) Moneys collected by the department pursuant to rules adopted under this section shall be transferred to the State Treasury for deposit to the Department of Human Services Account established under ORS 409.060 (Department of Human Services Account) and may be used by the division of the department that provides developmental disabilities services for system improvements and the implementation of policies.

(4) No less frequently than every five years, the department shall review and update, if appropriate, civil penalties established under this section.

(5) Civil penalties recovered from a residential training facility or a residential training home shall be deposited in the Long Term Care Ombudsman Account established in ORS 441.419 (Long Term Care Ombudsman Account) . [2019 c.455 §8; 2023 c.206 §5]

Note: 427.900 (Authority of Department of Human Services to impose civil penalties) 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.

Source: Section 427.900 — Authority of Department of Human Services to impose civil penalties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 427.109 — OR Code / Title 35 / Chapter 427 / Section 427.109
427.109 Complaint procedures
Status: in_force

(1) The Oregon Human Rights Commission established under ORS 427.401 (Oregon Human Rights Commission established) shall receive complaints of violations of the rights afforded to an individual under ORS 427.107 (Rights of persons receiving developmental disability services) . With the consent of the individual, the individual’s guardian or any representative designated by the individual, the commission may request and receive information from the Department of Human Services that is relevant to a complaint. The commission shall have the right to meet with the Director of Human Services or a designee of the director to resolve a complaint.

(2) Intentionally left blank —Ed.

(a) All confidential information received by the commission under this section must remain confidential and may be disclosed only in accordance with state and federal laws.

(b) Commission members and staff may not make any public comment or publicly disclose any materials that relate to the personally identifiable information of an individual who alleges a violation or who appears before the commission under subsection (1) of this section. [2013 c.36 §2; 2019 c.296 §4]

Note: See note under 427.107 (Rights of persons receiving developmental disability services) .

Source: Section 427.109 — Complaint procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.010 — OR Code / Title 35 / Chapter 426 / Section 426.010
426.010 State hospitals for persons with mental illness
Status: in_force

Except as otherwise ordered by the Oregon Health Authority pursuant to ORS 179.325 (Change in use of institution for persons with developmental disabilities or mental illness) , the Oregon State Hospital campuses in Salem, Marion County, and in Junction City, Lane County, shall be used as state hospitals for the care and treatment of persons with mental illness who are assigned to the care of the institutions by the authority or who have previously been committed to the institutions. [Amended by 1955 c.651 §3; 1965 c.339 §23; 1965 c.595 §2; 1983 c.505 §1; 1999 c.983 §6; 2007 c.14 §1; 2009 c.269 §2; 2009 c.595 §382; 2013 c.360 §16; 2015 c.318 §14]

Source: Section 426.010 — State hospitals for persons with mental illness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.135 — OR Code / Title 35 / Chapter 426 / Section 426.135
426.135 Counsel on appeal
Status: in_force

If a person determined to be a person with mental illness as provided in ORS 426.130 (Court determination of mental illness) , or determined to be an extremely dangerous person with mental illness under ORS 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) or 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) , appeals the determination or the disposition, and is determined to be financially eligible for appointed counsel at state expense, upon request of the person or upon its own motion, the court shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 (Compensation and expenses of appointed counsel) if the circuit court is the appellate court or as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses shall be paid as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) . [1979 c.867 §12; 1981 s.s. c.3 §134; 1985 c.502 §25; 2001 c.962 §58; 2013 c.715 §§6,17; 2023 c.281 §71]

Source: Section 426.135 — Counsel on appeal; costs of appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 428.210 — OR Code / Title 35 / Chapter 428 / Section 428.210
428.210 Definitions for ORS 428.210 to 428.270
Status: in_force

As used in 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) :

(1) “Authority” means the Oregon Health Authority.

(2) “Department” means the Department of Human Services.

(3) “Facility” has the meaning given that term in ORS 427.005 (Definitions) .

(4) “Foreign hospital” means an institution in any other state that corresponds to a state hospital.

(5) “Nonresident” means any person who is not a resident of this state.

(6) “Other state” includes all the states, territories, possessions, commonwealths and agencies of the United States and the District of Columbia, with the exception of the State of Oregon.

(7) “Patient” means any person who has been committed by a court of competent jurisdiction to a facility pursuant to ORS 427.235 (Notice to court of need for commitment) to 427.292 (Parental consent required for involuntary commitment of minor child) or to a state hospital, except a person committed to a state hospital pursuant to ORS 161.341 (Application for discharge or conditional release) or 161.370 (Determination of fitness to proceed) .

(8) “Resident of this state” means a person who resides in this state and who has not acquired legal residence in any other state. However, a service man or woman on active duty in the Armed Forces of the United States who was domiciled in Oregon upon entry into active duty and who has acquired no other domicile shall be entitled to have his or her child considered a resident of this state so long as no other domicile is acquired by the service man or woman.

(9) “State hospital” means any institution listed in ORS 426.010 (State hospitals for persons with mental illness) . [1957 c.388 §5; 1959 c.588 §19; 1967 c.299 §2; 1971 c.743 §368; 1977 c.380 §20; 2001 c.900 §131; 2009 c.595 §449; 2013 c.36 §17]

Source: Section 428.210 — Definitions for ORS 428.210 to 428.270 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 426.070 — OR Code / Title 35 / Chapter 426 / Section 426.070
426.070 Initiation
Status: in_force

(1) Any of the following may initiate commitment procedures under this section by giving the notice described under subsection (2) of this section:

(a) Two persons;

(b) The local health officer; or

(c) Any magistrate or judge of a court of a federally recognized Indian tribe located in this state.

(2) For purposes of subsection (1) of this section, the notice must comply with the following:

(a) It must be in writing under oath;

(b) It must be given to the community mental health program director or a designee of the director in the county where the person alleged to have a mental illness resides;

(c) It must state that a person within the county other than the person giving the notice is a person with mental illness and is in need of treatment, care or custody;

(d) If the commitment proceeding is initiated by two persons under subsection (1)(a) of this section, it may include a request that the court notify the two persons:

(A) Of the issuance or nonissuance of a warrant under this section; or

(B) Of the court’s determination under ORS 426.130 (Court determination of mental illness) (1); and

(e) If the notice contains a request under paragraph (d) of this subsection, it must also include the addresses of the two persons making the request.

(3) Upon receipt of a notice under subsections (1) and (2) of this section or when notified by a circuit court that the court received notice under ORS 426.234 (Duties of professionals at facility where person admitted) , the community mental health program director, or designee of the director, shall:

(a) Immediately notify the judge of the court having jurisdiction for that county under ORS 426.060 (Commitment to Oregon Health Authority) of the notification described in subsections (1) and (2) of this section.

(b) Immediately notify the Oregon Health Authority 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). When such notice is received, the authority may verify, to the extent known by the authority, whether or not the person meets the criteria described in ORS 426.005 (Definitions for ORS 426.005 to 426.390) (1)(f)(C)(i) and (ii) and so inform the community mental health program director or designee of the director.

(c) Initiate an investigation under ORS 426.074 (Investigation) to determine whether there is probable cause to believe that the person is in fact a person with mental illness.

(4) Upon completion, a recommendation based upon the investigation report under ORS 426.074 (Investigation) shall be promptly submitted to the court. If the community mental health program director determines that probable cause does not exist to believe that a person released from detention under ORS 426.234 (Duties of professionals at facility where person admitted) (2)(c) or (3)(b) is a person with mental illness, the community mental health program director may recommend assisted outpatient treatment in accordance with ORS 426.133 (Assisted outpatient treatment) .

(5) When the court receives notice under subsection (3) of this section:

(a) If the court, following the investigation, concludes that there is probable cause to believe that the person investigated is a person with mental illness, it shall, through the issuance of a citation as provided in ORS 426.090 (Citation) , cause the person to be brought before it at a time and place as it may direct, for a hearing under ORS 426.095 (Commitment hearing) to determine whether the person is a person with mental illness. The person shall be given the opportunity to appear voluntarily at the hearing unless the person fails to appear or unless the person is detained pursuant to paragraph (b) of this subsection.

(b) Intentionally left blank —Ed.

(A) If the court finds that there is probable cause to believe that failure to take the person into custody pending the investigation or hearing would pose serious harm or danger to the person or to others, the court may issue a warrant of detention to the community mental health program director or designee or the sheriff of the county or designee directing the director, sheriff or a designee to take the person alleged to have a mental illness into custody and produce the person at the time and place stated in the warrant.

(B) At the time the person is taken into custody, the person shall be informed by the community mental health program director, the sheriff or a designee of the following:

(i) The person’s rights with regard to representation by or appointment of counsel as described in ORS 426.100 (Advice of court) ;

(ii) The warning under ORS 426.123 (Observation of person in custody) ; and

(iii) The person’s right, if the community mental health program director, sheriff or designee reasonably suspects that the person is a foreign national, to communicate with an official from the consulate of the person’s country. A community mental health program director, sheriff or designee is not civilly or criminally liable for failure to provide the information required by this sub-subparagraph. Failure to provide the information required by this sub-subparagraph does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding.

(C) The court may make any orders for the care and custody of the person prior to the hearing as it considers necessary.

(c) If the notice includes a request under subsection (2)(d)(A) of this section, the court shall notify the two persons of the issuance or nonissuance of a warrant under this subsection. [Amended by 1957 c.329 §1; 1967 c.534 §20; 1973 c.838 §3; 1975 c.690 §2; 1979 c.408 §1; 1983 c.740 §149; 1987 c.903 §7; 1989 c.993 §4; 1993 c.484 §26; 1995 c.201 §2; 1995 c.498 §1; 2003 c.14 §235; 2003 c.109 §3; 2009 c.595 §385; 2009 c.828 §26; 2013 c.360 §18; 2013 c.737 §3; 2015 c.461 §2; 2015 c.736 §66; 2019 c.247 §1]

Source: Section 426.070 — Initiation; notification required; recommendation to court; citation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.191 — OR Code / Title 35 / Chapter 427 / Section 427.191
427.191 Program to compensate parents to provide attendant care services to their minor children
Status: in_force

(1) As used in this section:

(a) “Agency” means an agency that hires, trains and supervises direct support professionals using state funds received from the Department of Human Services.

(b) “Attendant care services” means services provided directly to an individual with a disability to assist with activities of daily living, instrumental activities of daily living and health-related tasks.

(c) “Child” means an individual under 18 years of age who:

(A) Has a developmental or intellectual disability; or

(B) Meets the eligibility criteria to receive services under the Medically Fragile (Hospital) Model Waiver or the Medically Involved Children’s Waiver approved by the Centers for Medicare and Medicaid Services under 42 U.S.C. 1396n(c).

(d) “Client” means an individual who receives attendant care services.

(e) “Client child” means a child who receives attendant care services from the child’s parent.

(f) “Developmental disability services” has the meaning given that term in ORS 427.101 (Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664) .

(g) “Direct support professional” means an individual who is hired, employed, trained, paid and supervised by an agency to provide attendant care services to a client of the agency.

(h) “Nonparent caregiver” means a direct support professional, personal support worker or similar provider who is paid to provide attendant care services to clients who are not the provider’s children.

(i) “Parent” includes a:

(A) Natural or adoptive parent of a child;

(B) Stepparent of a child; and

(C) Legal guardian of a child.

(j) Intentionally left blank —Ed.

(A) “Parent provider” means a parent who is paid to provide attendant care services to the parent’s minor child.

(B) “Parent provider” does not include a parent who is paid to provide attendant care services to a child who is 18 years of age or older.

(k) Intentionally left blank —Ed.

(A) “Personal support worker” means an individual who is employed by a client or the client’s representative and paid to provide attendant care services to the client.

(B) “Personal support worker” does not include a direct support professional.

(L) “State plan” means Oregon’s state plan for medical assistance, described in 42 U.S.C. 1396a, approved by the Centers for Medicare and Medicaid Services.

(m) “Very high behavioral needs” means a minor child’s extraordinary needs for support due to the child’s behavioral condition as indicated by a federally approved functional needs assessment adopted by the department that assigns the child to the highest service level.

(n) “Very high medical needs” means a minor child’s extraordinary needs for support due to the child’s medical condition as indicated by a federally approved functional needs assessment adopted by the department that assigns the child to the highest service level.

(2) Subject to rules adopted under subsection (8) of this section, to section 2, chapter 367, Oregon Laws 2023, and to available funding, the department shall administer a program to compensate parents to provide attendant care services to the parents’ children who have been assessed by the department to have very high medical or very high behavioral needs.

(3) To be eligible for the program described in this section:

(a) A parent provider must be employed by an agency and not by the child or the other parent of the child;

(b) The parent provider may not be paid to provide attendant care services to the client child by an agency that is owned by the parent, the child or any family member or for which the parent or other family member serves in any administrative or leadership capacity, including as a member of a board of directors; and

(c) The agency employing the parent provider to provide attendant care services to the client child:

(A) May not employ a parent provider as an independent contractor;

(B) Shall pay parent providers overtime at the same rate and under the same circumstances as direct support professionals who are not parent providers;

(C) Except as authorized by the department by rule, may not pay providers of attendant care services, including parent providers, to provide services to a minor child during school hours unless the minor child is temporarily at home recovering from surgery or illness and the temporary absence from school is recommended by the child’s health care provider; and

(D) May not pay providers of attendant care services, including parent providers, to provide services to a minor child during school hours due to the determination of a school district or due to the choice of a parent of the client child to:

(i) Have the child regularly attend school less than the number of school hours attended by students without disabilities who are in the same grade and the same school district as the client child;

(ii) Homeschool the client child; or

(iii) Enroll the client child in a private school that offers fewer school hours than the school hours offered by the local public school to the majority of students in the same grade as the client child.

(4) Subsection (3)(c)(D) of this section does not prohibit a school district or other entity from compensating parents of students with disabilities for providing support for educational activities that would otherwise be the responsibility of the school district.

(5) A parent provider, during the hours that the parent provider is paid to provide one-on-one attendant care services to the client child:

(a) May not be responsible for a vulnerable adult who requires physical care and monitoring;

(b) May not be responsible for the care of a child, other than the client child, who is under 10 years of age and shall have another caregiver immediately available at all times to attend to the needs of the child; and

(c) Unless they are included as a goal or service in the child’s individual support plan and related to the child’s disability-related support needs, may not perform tasks that are not for the primary benefit of the client child, including but not limited to:

(A) Grocery shopping for the household;

(B) Housekeeping not required for the disability-related support needs of the client child;

(C) Remote work or operation of a home business; or

(D) Transporting individuals other than the client child to or from activities or appointments.

(6) If required by the Centers for Medicare and Medicaid Services, the department may require a parent provider to assign an alternative legal representative for the client child to make decisions about or manage the development and implementation of the client child’s individual support plan. The assignment:

(a) Must be on a form prescribed by the department; and

(b) Must clearly state that the assignment is limited to decisions regarding the development and implementation of the child’s individual support plan and does not limit the authority of the parent provider to make decisions for the client child with respect to health care, education or religious training.

(7) A parent provider is subject to the requirements of mandatory reporting of abuse under ORS 124.060 (Duty of officials to report) and 419B.010 (Duty of officials to report child abuse) , 24 hours per day, seven days per week.

(8) The department shall adopt rules for the program described in this section using an advisory committee appointed under ORS 183.333 (Policy statement) that represents the interests of parents, children with developmental or intellectual disabilities, adults with disabilities, agencies, organizations of direct support professionals and personal support workers and organizations that advocate for persons with disabilities. The rules must include all of the following:

(a) Strategies to safeguard nonparent caregivers and avoid the displacement of nonparent caregivers by parent providers;

(b) Requirements for agencies to demonstrate consistent efforts to recruit, train and retain nonparent caregivers;

(c) Training requirements for:

(A) Parent providers regarding federal and state administrative rules regulating home-based and community-based services, including the impact of the rules on parent-child relationships with respect to discipline, supervision, physical intervention and self-determination of client children during the hours that the parent provider is being paid to provide attendant care services;

(B) Client children to learn to advocate for themselves with respect to choosing and managing direct support professionals before and after reaching 18 years of age; and

(C) Community developmental disability programs related to the employment of parent providers, including on how to support families to manage issues concerning conflicts of interest, provider recruitment and retention and the empowerment of the client child to have a meaningful voice in the selection of the client child’s direct support professionals;

(d) A process for a client child to object to the hiring of any caregiver, including the child’s parent, or to raise concerns about a provider’s caregiving;

(e) Procedures to ensure that the program described in this section is implemented consistently and equitably throughout this state;

(f) A requirement that any appeal related to the requirements of or benefits under the program is the sole responsibility of the central office staff of the department; and

(g) Other requirements that the department deems necessary to carry out the provisions of this section.

(9) The department may adopt rules necessary to manage the cost, size and growth rate of the program described in this section that are necessary to protect the eligibility for and levels of services under programs serving individuals receiving developmental disability services provided for in the state plan, including the development of criteria to limit the number of children eligible to participate in the program.

(10) Annually, the department shall report to the interim committees of the Legislative Assembly related to human services or, if the Legislative Assembly is in session, to the committees of the Legislative Assembly related to human services, in the manner provided in ORS 192.245 (Form of report to legislature) , updates on the program described in this section, including:

(a) The number of client children receiving attendant care services, the number of children receiving the services from parent providers and the number of children receiving the services from nonparent caregivers;

(b) The number of hours of attendant care services provided by parent providers and number of hours of attendant care services provided by nonparent caregivers;

(c) A comparison of the cost per child of providing attendant care services by parent providers under the program with the cost per child of providing attendant care services by nonparent caregivers; and

(d) A report on the adequacy of the direct care workforce in this state to provide services to all children with developmental disability services who are eligible for attendant care services. [2023 c.367 §1]

Note: 427.191 (Program to compensate parents to provide attendant care services to their minor children) 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 367, Oregon Laws 2023, provides:

Sec. 2. (1) Except as provided in section 4 of this 2023 Act, the Department of Human Services may not administer the program described in section 1 of this 2023 Act [ 427.191 (Program to compensate parents to provide attendant care services to their minor children) ] without the Centers for Medicare and Medicaid Services’ approval of a new waiver or without other arrangements with the Centers for Medicare and Medicaid Services to receive federal financial participation in the costs of the program during a state of emergency or a public health emergency.

(2) The department may not administer a program that pays a parent to provide attendant care or personal care services to the parent’s minor child, including but not limited to the program described in section 1 of this 2023 Act, using General Fund moneys that are not matched by federal Medicaid funds. [2023 c.367 §2]

Source: Section 427.191 — Program to compensate parents to provide attendant care services to their minor children; report to Legislative Assembly; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.330 — OR Code / Title 35 / Chapter 426 / Section 426.330
426.330 Presentation and payment of claims
Status: in_force

(1) The special funds authorized for the use of the superintendent of the Oregon State Hospital to better enable the superintendent promptly to meet the advances and expenses necessary in the matter of transferring patients to the Oregon State Hospital are continued in existence. The superintendent shall present the superintendent’s claims monthly, with vouchers that show the expenditures from the special funds during the preceding month, to the Oregon Health Authority for the transfer of patients to the Oregon State Hospital.

(2) Against the funds appropriated to cover the cost of transporting patients, the State Treasurer shall pay the claims of the superintendent that have been approved by the Oregon Health Authority. [Amended by 1975 c.614 §14; 1985 c.565 §67; 2007 c.14 §2; 2007 c.70 §206; 2009 c.595 §421; 2011 c.9 §59; 2013 c.36 §68; 2015 c.318 §15]

Source: Section 426.330 — Presentation and payment of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.860 — OR Code / Title 35 / Chapter 430 / Section 430.860
430.860 Participation in program
Status: in_force

The Oregon Health Authority may:

(1) Accept for medical evaluation any person meeting the conditions defined in ORS 430.850 (Treatment program) (2)(a) and referred for participation in the program by a participating court, cause such medical evaluation to be made and report the results of the evaluation to the referring court;

(2) Within the limitation of funds available to the program, accept any person as a participant in the program who is eligible under ORS 430.850 (Treatment program) (2) and whose medical evaluation shows the person suitable to participate in the program; and

(3) Report to the referring court the progress of, and any violation of rules of the authority adopted under ORS 430.870 (Rules) by, a participant. [1973 c.340 §2; 2009 c.595 §526; 2011 c.673 §37]

Source: Section 430.860 — Participation in program; report to court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.490 — OR Code / Title 35 / Chapter 426 / Section 426.490
426.490 Policy
Status: in_force

It is declared to be the policy and intent of the Legislative Assembly that the State of Oregon shall assist in improving the quality of life of persons with chronic mental illness within this state by ensuring the availability of an appropriate range of residential opportunities and related support services. [1979 c.784 §1; 2007 c.70 §207]

Note: 426.490 (Policy) to 426.500 (Powers and duties of Oregon Health Authority) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 426 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 426.490 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.650 — OR Code / Title 35 / Chapter 426 / Section 426.650
426.650 Voluntary admission to state institution
Status: in_force

(1) Pursuant to rules promulgated by the Oregon Health Authority, the superintendent of any state hospital for the treatment and care of persons with mental illness may admit and hospitalize therein as a patient any person in need of medical or mental therapeutic treatment as a sexually dangerous person who voluntarily has made written application for such admission. No person under the age of 18 years shall be admitted as a patient to any such state hospital unless an application therefor in behalf of the person has been executed by the parent, adult next of kin or legal guardian of the person. Pursuant to rules and regulations of the authority, no person voluntarily admitted to any state hospital shall be detained therein more than 72 hours after the person, if at least 18 years of age, has given notice in writing of desire to be discharged therefrom, or, if the patient is under the age of 18 years, after notice in writing has been given by the parent, adult next of kin or legal guardian of the person that such parent, adult next of kin or legal guardian desires that such person be discharged therefrom.

(2) Any person voluntarily admitted to a state facility pursuant to this section may upon application and notice to the superintendent of the institution concerned, be granted a temporary leave of absence from the institution if such leave, in the opinion of the chief medical officer, will not interfere with the successful treatment or examination of the applicant. [1963 c.467 §15; 1969 c.391 §8; 1973 c.443 §4; 1973 c.827 §43; 1974 c.36 §11; 2007 c.70 §214; 2009 c.595 §433]

Source: Section 426.650 — Voluntary admission to state institution; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.236 — OR Code / Title 35 / Chapter 426 / Section 426.236
426.236 Rules
Status: in_force

The Oregon Health Authority shall adopt rules necessary to carry out the provisions of ORS 426.155 (Release of information about person held in custody pending commitment proceeding or while committed or recommitted) and 426.228 (Custody) to 426.238 (Classifying facilities) . [1993 c.484 §8; 2001 c.481 §4; 2009 c.595 §408]

Note: See note under 426.228 (Custody) .

Source: Section 426.236 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 428.240 — OR Code / Title 35 / Chapter 428 / Section 428.240
428.240 Reciprocal agreements for interstate exchange of nonresident patients
Status: in_force

(1) For the purpose of facilitating the return of nonresident patients, the Department of Human Services may enter into a reciprocal agreement with any other state for the mutual exchange of persons committed by a court of competent jurisdiction to a facility pursuant to ORS 427.235 (Notice to court of need for commitment) to 427.292 (Parental consent required for involuntary commitment of minor child) or to a foreign hospital, whose legal residence is in the other’s jurisdiction.

(2) For the purpose of facilitating the return of nonresident patients, the Oregon Health Authority may enter into a reciprocal agreement with any other state for the mutual exchange of persons committed by a court of competent jurisdiction to the Oregon State Hospital or a foreign hospital, whose legal residence is in the other’s jurisdiction.

(3) In such agreements, the department or authority may:

(a) Only for purposes of mutual exchange with the other state, vary the period of residence required by ORS 428.210 (Definitions for ORS 428.210 to 428.270) (8).

(b) Provide for the arbitration of disputes arising out of the mutual exchange of such persons between this state and any other state. [1957 c.388 §8; 2009 c.595 §452; 2013 c.36 §20; 2015 c.318 §18]

Source: Section 428.240 — Reciprocal agreements for interstate exchange of nonresident patients , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 426.170 — OR Code / Title 35 / Chapter 426 / Section 426.170
426.170 Delivery of certified copy of record
Status: in_force

If any person is adjudged to have a mental illness and is ordered committed to the Oregon Health Authority, a copy of the complete record in the case, certified to by the court clerk or court administrator, shall be given to the local health officer, or to the sheriff, for delivery to the director of the facility to which such person is assigned. The record shall include the name, residence, nativity, sex and age of the person and all other information that may be required by the rules and regulations promulgated by the authority. [Amended by 1973 c.838 §25; 1993 c.223 §12; 2009 c.595 §396; 2013 c.360 §36; 2015 c.736 §67]

Source: Section 426.170 — Delivery of certified copy of record , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.254 — OR Code / Title 35 / Chapter 430 / Section 430.254
430.254 Goal of treatment programs for persons with substance use disorders
Status: in_force

The Oregon Health Authority shall develop treatment programs, meeting minimum standards adopted pursuant to ORS 430.357 (Minimum standards) , to assist drug-dependent persons to become persons who are able to live healthy and productive lives without the use of any natural or synthetic opiates. [Formerly 430.240]

Note: 430.254 (Goal of treatment programs for persons 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 430.254 — Goal of treatment programs for persons with substance use disorders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.275 — OR Code / Title 35 / Chapter 430 / Section 430.275
430.275 Oregon Health Authority to provide funding for peer respite centers
Status: in_force

(1) As used in this section:

(a) “Peer respite services” means voluntary, nonclinical, short-term residential peer support provided:

(A) In a homelike setting to individuals with mental illness or trauma response symptoms who are experiencing acute distress, anxiety or emotional pain that may lead to the need for a higher level of care such as psychiatric inpatient hospital services; and

(B) By a peer-run organization and directed and delivered by individuals with lived experience in coping with, seeking recovery from or overcoming mental illness or trauma response challenges.

(b) “Peer-run organization” means an organization:

(A) In which a majority of the individuals who oversee the organization’s operation and who are in positions of control have received mental health services;

(B) That is fully independent, separate and autonomous from other mental health agencies; and

(C) That has the authority and responsibility for all oversight and decision-making on governance, financial, personnel, policy and program issues in the organization.

(c) “Peer support” means assistance provided by individuals who are current or former consumers of mental health treatment in:

(A) Addressing financial problems and other issues affecting the social determinants of health;

(B) Managing trauma using natural supports; and

(C) Assisting with crisis management and coping with potential crisis situations.

(2) Intentionally left blank —Ed.

(a) The Oregon Health Authority shall provide funding to one or more peer-run organizations to operate four peer respite centers to complement existing local crisis response services, one each to be located in the Portland metropolitan area, the southern Oregon region, the Oregon coast and the central and eastern Oregon region. Each peer respite center shall provide up to two weeks of continuous peer respite services to six or fewer individuals.

(b) At least one of the peer respite centers must participate in a pilot project designed specifically to provide culturally responsive services to historically underrepresented communities, such as communities of color including Black, African American, Latino, Asian, Asian American or Pacific Islander communities, or to the nine federally recognized tribes in this state.

(3) The authority shall prescribe by rule the requirements for peer respite centers receiving funding under this section and may require peer respite centers to provide data and other reports to enable the authority to monitor and evaluate the services provided by the peer respite centers.

(4) The authority shall collaborate with county behavioral health departments or contractors of county behavioral health departments to incorporate peer respite services into the continuum of care provided by the departments or contractors to individuals who are experiencing behavioral health crises or who may be at risk of experiencing behavioral health crises.

(5) As a condition of the receipt of funding, peer-run organizations must allow the authority or the authority’s designees access to the peer respite centers to conduct investigations and assessments, as necessary, to ensure that residents receive the quality and scope of services required. [2021 c.626 §1]

Note: 430.275 (Oregon Health Authority to provide funding for peer respite centers) 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 430.275 — Oregon Health Authority to provide funding for peer respite centers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.670 — OR Code / Title 35 / Chapter 426 / Section 426.670
426.670 Treatment programs for sexually dangerous persons
Status: in_force

The Oregon Health Authority hereby is directed and authorized to establish and operate treatment programs, either separately within an existing state Department of Corrections institution, as part of an existing program within an Oregon Health Authority institution, or in specified and approved sites in the community to receive, treat, study and retain in custody, as required, such sexually dangerous persons as are committed under ORS 426.510 (“Sexually dangerous person” defined) to 426.670 (Treatment programs for sexually dangerous persons) . [1963 c.467 §17; 1965 c.481 §1; 1979 c.606 §1; 1987 c.320 §230; 2009 c.595 §434]

Source: Section 426.670 — Treatment programs for sexually dangerous persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.624 — OR Code / Title 35 / Chapter 430 / Section 430.624
430.624 9-8-8 Trust Fund established
Status: in_force

(1) The 9-8-8 Trust Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the 9-8-8 Trust Fund shall be credited to the fund. The 9-8-8 Trust Fund consists of:

(a) Revenues from the 9-8-8 coordinated crisis services tax imposed under ORS 403.200 (Imposition of tax) (1)(b);

(b) Appropriations made by the Legislative Assembly;

(c) Federal funds allocated to the state to implement the 9-8-8 suicide prevention and behavioral health crisis system;

(d) Gifts, grants and donations to the fund from public and private sources; and

(e) Moneys deposited into the fund from other sources.

(2) Moneys in the 9-8-8 Trust Fund are continuously appropriated to the Oregon Health Authority for the purposes specified in ORS 430.627 (Statewide coordinated crisis system) and 430.628 (City and community mental health program provision of crisis stabilization services) .

(3) In accordance with 47 U.S.C. 251a, moneys in the 9-8-8 Trust Fund shall be sequestered and may be obligated or expended only for the purposes specified in ORS 430.627 (Statewide coordinated crisis system) and 430.628 (City and community mental health program provision of crisis stabilization services) .

(4) Moneys in the 9-8-8 Trust Fund at the end of a biennium are retained in the fund and do not revert to the General Fund and are not subject to transfer to any other fund or to transfer, assignment or reassignment for any other use or purpose other than the purposes specified in ORS 430.627 (Statewide coordinated crisis system) and 430.628 (City and community mental health program provision of crisis stabilization services) .

(5) Moneys in the 9-8-8 Trust Fund may not be used to displace available funding for services described in ORS 430.627 (Statewide coordinated crisis system) by Medicaid, Medicare, federal or state-regulated health insurance, disability insurance or local government programs or other federal, state or local funds for suicide prevention or behavioral health crisis services.

(6) The authority shall provide an annual report of deposits into and expenditures from the 9-8-8 Trust Fund to the Legislative Assembly and to the Federal Communications Commission. [2023 c.251 §1]

Note: 430.624 (9-8-8 Trust 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 430.624 — 9-8-8 Trust Fund established , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.366 — OR Code / Title 35 / Chapter 430 / Section 430.366
430.366 Requirements for service proposals and data reporting
Status: in_force

(1) Every proposal for alcohol and drug abuse prevention, early intervention and treatment services received from an applicant shall contain:

(a) A clear statement of the goals and objectives of the program for the following fiscal year, including the number of persons to be served and methods of measuring the success of services rendered;

(b) A description of services to be funded; and

(c) A statement of the minorities to be served, if a minority program.

(2) Each grant recipient and provider of alcohol and drug abuse prevention, early intervention and treatment services funded with moneys from the Mental Health Alcoholism and Drug Services Account established by ORS 430.380 (Mental Health Alcoholism and Drug Services Account) shall report to the Alcohol and Drug Policy Commission all data regarding the services in the form and manner prescribed by the commission. This subsection does not apply to sobering facilities that receive moneys under ORS 430.380 (Mental Health Alcoholism and Drug Services Account) . [1977 c.856 §12; 1987 c.53 §8; 2009 c.595 §489; 2011 c.545 §55; 2011 c.673 §26; 2017 c.204 §2]

Source: Section 430.366 — Requirements for service proposals and data reporting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.215 — OR Code / Title 35 / Chapter 430 / Section 430.215
430.215 Responsibility for developmental disability services and psychiatric treatment services for children
Status: in_force

(1) The Department of Human Services shall be responsible for planning, policy development, administration and delivery of services to children with developmental disabilities and their families. Services to children with developmental disabilities may include, but are not limited to, case management, family support, crisis and diversion services, intensive in-home services, and residential and foster care services. The department may deliver the services directly or through contracts with private entities, counties under ORS 430.620 (Establishment of community mental health and developmental disabilities programs by one or more counties) or other public entities.

(2) The Oregon Health Authority shall be responsible for psychiatric residential and day treatment services for children with mental or emotional disturbances. [1993 c.676 §28(2); 1999 c.316 §1; 2009 c.595 §472; 2013 c.36 §28]

Note: 430.215 (Responsibility for developmental disability services and psychiatric treatment services for children) 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 430.215 — Responsibility for developmental disability services and psychiatric treatment services for children , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.160 — OR Code / Title 35 / Chapter 426 / Section 426.160
426.160 Disclosure of record of commitment proceeding
Status: in_force

(1) The court having jurisdiction over any proceeding conducted pursuant to ORS 426.005 (Definitions for ORS 426.005 to 426.390) , 426.060 (Commitment to Oregon Health Authority) to 426.170 (Delivery of certified copy of record) , 426.217 (Change of status of committed patient to voluntary patient) , 426.228 (Custody) , 426.255 (County to pay costs) to 426.292 (Release prior to expiration of term of commitment) , 426.300 (Discharge of committed persons) to 426.309 (Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure) , 426.385 (Rights of committed persons) , 426.395 (Posting of statement of rights of committed persons) , 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) may not disclose any part of the record of the proceeding or commitment to any person except:

(a) The court shall, pursuant to rules adopted by the Department of State Police, transmit the minimum information necessary, as defined in ORS 181A.290 (Certain information required from agencies) , to the Department of State Police for persons described in ORS 181A.290 (Certain information required from agencies) (1)(a) or (b) to enable the department to access and maintain the information and transmit the information to the federal government as required under federal law;

(b) As provided in ORS 426.070 (Initiation) (5)(c), 426.130 (Court determination of mental illness) (3) or 426.170 (Delivery of certified copy of record) ;

(c) On request of the person subject to the proceeding;

(d) On request of the person’s legal representative or the attorney for the person or the state; or

(e) Pursuant to court order.

(2) In any proceeding described in subsection (1) of this section that is before the Supreme Court or the Court of Appeals, the limitations on disclosure imposed by this section apply to the appellate court record and to the trial court record while it is in the appellate court’s custody. The appellate court may disclose information from the trial or appellate court record in a decision, as defined in ORS 19.450 (Appellate judgment) , provided that the court uses initials, an alias or some other convention for protecting against public disclosure the identity of the person subject to the proceeding. [Amended by 1965 c.420 §1; 1969 c.148 §1; 1973 c.838 §21; 1993 c.223 §11; 1993 c.484 §19; 1995 c.498 §3; 2009 c.826 §2; 2011 c.332 §§1,6a; 2011 c.547 §45; 2013 c.715 §§7,18]

Source: Section 426.160 — Disclosure of record of commitment proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.359 — OR Code / Title 35 / Chapter 430 / Section 430.359
430.359 Funding of services
Status: in_force

(1) Upon approval of an application, the Oregon Health Authority shall enter into a matching fund relationship with the applicant. In all cases the amount granted by the authority under the matching formula shall not exceed 50 percent of the total estimated costs, as approved by the authority, of the alcohol and drug abuse prevention, early intervention and treatment services.

(2) The authority shall distribute funds to applicants consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the community needs as determined by local planning committees for alcohol and drug prevention and treatment services under ORS 430.342 (Local planning committees) and the particular needs of minority groups with a significant population of affected persons. The funds granted shall be distributed monthly.

(3) Federal funds at the disposal of an applicant for use in providing alcohol and drug abuse prevention, early intervention and treatment services may be counted toward the percentage contribution of an applicant.

(4) An applicant that is, at the time of a grant made under this section, expending funds appropriated by its governing body for the alcohol and drug abuse prevention, early intervention and treatment services shall, as a condition to the receipt of funds under this section, maintain its financial contribution to these programs at an amount not less than the preceding year. However, the financial contribution requirement may be waived in its entirety or in part in any year by the authority because of:

(a) The severe financial hardship that would be imposed to maintain the contribution in full or in part;

(b) The application of any special funds for the alcohol and drug abuse prevention, early intervention and treatment services in the prior year when such funds are not available in the current year;

(c) The application of federal funds, including but not limited to general revenue sharing, distributions from the Oregon and California land grant fund and block grant funds to the alcohol and drug abuse prevention, early intervention and treatment services in the prior year when such funds are not available for such application in the current year; or

(d) The application of fund balances resulting from fees, donations or underexpenditures in a given year of the funds appropriated to counties pursuant to ORS 430.380 (Mental Health Alcoholism and Drug Services Account) to the alcohol and drug abuse prevention, early intervention and treatment services in the prior year when such funds are not available for such application in the current year.

(5) Any moneys received by an applicant from fees, contributions or other sources for alcohol and drug abuse prevention, early intervention and treatment services for service purposes, including federal funds, shall be considered a portion of an applicant’s contribution for the purpose of determining the matching fund formula relationship. All moneys so received shall only be used for the purposes of carrying out 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) .

(6) Grants made 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) shall be paid from funds specifically appropriated therefor and shall be paid in the same manner as other claims against the state are paid. [Formerly 430.365; 1985 c.517 §1; 1985 c.740 §14; 1987 c.53 §6; 2009 c.595 §487; 2009 c.856 §§11,20; 2011 c.673 §24]

Source: Section 430.359 — Funding of services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.306 — OR Code / Title 35 / Chapter 430 / Section 430.306
430.306 Definitions
Status: in_force

As used in ORS 430.262 (Registration of sobering facilities) , 430.315 (Policy) , 430.335 (Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders) , 430.342 (Local planning committees) , 430.397 (Voluntary admission of person to treatment facility) , 430.399 (When person must be taken to treatment facility or sobering facility) , 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) , 430.402 (Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs) , 430.420 (Integration of drug treatment services into criminal justice system) and 430.630 (Services to be provided by community mental health programs) , unless the context requires otherwise:

(1) “Alcoholic” means any person who has lost the ability to control the use of alcoholic beverages, or who uses alcoholic beverages to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. An alcoholic may be physically dependent, a condition in which the body requires a continuing supply of alcohol to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of alcoholic beverages.

(2) “Detoxification center” means a publicly or privately operated profit or nonprofit facility approved by the Oregon Health Authority that provides emergency care or treatment for alcoholics or drug-dependent persons.

(3) “Director of the treatment facility” means the person in charge of treatment and rehabilitation programs at a treatment facility.

(4) “Drug-dependent person” means one who has lost the ability to control the personal use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance.

(5) “Halfway house” means a publicly or privately operated profit or nonprofit, residential facility approved by the authority that provides rehabilitative care and treatment for alcoholics or drug-dependent persons.

(6) “Local planning committee” means a local planning committee for alcohol and drug prevention and treatment services appointed or designated by the county governing body under ORS 430.342 (Local planning committees) .

(7) “Police officer” means a member of a law enforcement unit who is employed on a part-time or full-time basis as a peace officer, commissioned by a city, a county or the Department of State Police and responsible for enforcing the criminal laws of this state and any person formally deputized by the law enforcement unit to take custody of a person who is intoxicated or under the influence of controlled substances.

(8) “Sobering facility” means a facility that meets all of the following criteria:

(a) The facility operates for the purpose of providing to individuals who are acutely intoxicated a safe, clean and supervised environment until the individuals are no longer acutely intoxicated.

(b) The facility contracts with or is affiliated with a treatment program or a provider approved by the authority to provide addiction treatment, and the contract or affiliation agreement includes, but is not limited to, case consultation, training and advice and a plan for making referrals to addiction treatment.

(c) The facility, in consultation with the addiction treatment program or provider, has adopted comprehensive written policies and procedures incorporating best practices for the safety of intoxicated individuals, employees of the facility and volunteers at the facility.

(d) The facility is registered with the Oregon Health Authority under ORS 430.262 (Registration of sobering facilities) .

(9) “Treatment facility” includes outpatient facilities, inpatient facilities and other facilities the authority determines suitable and that provide services that meet minimum standards established under ORS 430.357 (Minimum standards) , any of which may provide diagnosis and evaluation, medical care, detoxification, social services or rehabilitation for alcoholics or drug-dependent persons and which operate in the form of a general hospital, a state hospital, a foster home, a hostel, a clinic or other suitable form approved by the authority. [1973 c.682 §1a (enacted in lieu of 430.305); 1977 c.856 §2; 1979 c.744 §24; 1987 c.61 §1; 2001 c.900 §136; 2009 c.595 §480; 2011 c.673 §18; 2015 c.730 §1]

Source: Section 430.306 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.394 — OR Code / Title 35 / Chapter 430 / Section 430.394
430.394 Education campaign
Status: in_force

If approved by the Oversight and Accountability Council, the Oregon Health Authority may implement an education campaign to inform the public about the availability of Behavioral Health Resource Networks, the statewide hotline described in ORS 430.391 (Behavioral Health Resource Network statewide telephone hotline) and any other information the authority believes would benefit the public in accessing behavioral health services. [2023 c.248 §17]

Note: 430.394 (Education campaign) becomes operative July 1, 2025. See section 18, chapter 248, Oregon Laws 2023.

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

Source: Section 430.394 — Education campaign , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.672 — OR Code / Title 35 / Chapter 430 / Section 430.672
430.672 Contract requirements for community mental health or developmental disabilities programs
Status: in_force

(1) A county may impose only standards, requirements and conditions for mental health or developmental disabilities programs that are substantially similar to the standards, requirements and conditions established for such programs by the Department of Human Services or the Oregon Health Authority.

(2) When a county contracts with a public agency or private corporation for a community mental health program or community developmental disabilities program, the county shall include in the contract only terms that are substantially similar to model contract terms developed by the authority under ORS 430.640 (Duties of Oregon Health Authority in assisting and supervising community mental health programs) or the department under ORS 430.662 (Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services) . The county may not add contractual requirements, including qualifications for contractor selection, that are nonessential to the services provided under 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) . The county may add contract requirements that the county considers necessary to ensure the siting and maintenance of facilities of the community mental health program or community developmental disabilities program.

(3) Subsections (1) and (2) of this section apply only insofar as funds are provided by the department to the county for community developmental disabilities programs or by the authority to the county for community mental health programs and do not apply to programs operated by counties without funding from the department or the authority. [1999 c.524 §3; 2001 c.899 §4; 2009 c.595 §514; 2009 c.828 §25; 2011 c.720 §181; 2013 c.36 §32; 2021 c.192 §4]

Source: Section 430.672 — Contract requirements for community mental health or developmental disabilities programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.234 — OR Code / Title 35 / Chapter 430 / Section 430.234
430.234 Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established
Status: in_force

(1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee is established in the Oregon Criminal Justice Commission consisting of 19 members as follows:

(a) The Director of the Oregon Health Authority, or the director’s designee.

(b) The Director of the Department of Corrections, or the director’s designee.

(c) The Chief Justice of the Supreme Court, or the Chief Justice’s designee.

(d) The executive director of the Oregon Criminal Justice Commission or the director’s designee.

(e) The Director of the Housing and Community Services Department or the director’s designee.

(f) Nine members appointed by the Governor including:

(A) A district attorney.

(B) An attorney specializing in defense of individuals with mental health or substance use disorders.

(C) A chief of police.

(D) A county commissioner.

(E) A director of a hospital that provides acute mental health treatment.

(F) A representative of a community-based mental health treatment facility or a practitioner in a community-based mental health treatment facility.

(G) A representative of a community-based substance use disorder treatment facility or a practitioner in a community-based substance use disorder treatment facility.

(H) A sheriff.

(I) A representative of a federally recognized Indian tribe.

(g) One nonvoting member appointed by the President of the Senate from among members of the Senate.

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

(i) Three members of the public that represent the age demographics of the target population.

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

(3) The directors of the Oregon Criminal Justice Commission and the Oregon Health Authority or their designees shall serve as cochairpersons.

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

(5) The committee shall meet at times and places specified by the call of the cochairpersons or a majority of the voting members of the committee.

(6) The Oregon Criminal Justice Commission shall provide staff support to the committee.

(7) Legislative members of the committee shall be entitled to payment of compensation and expenses under ORS 171.072 (Salary of members and presiding officers) , payable from funds appropriated to the Legislative Assembly.

(8) Members of the committee who are not members of the Legislative Assembly are not entitled to compensation but may be reimbursed for actual and necessary travel and other expenses incurred by the member in the performance of the member’s official duties in the manner and amount provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(9) All agencies of state government, as defined in ORS 174.111 (“State government” defined) , are directed to assist the committee in the performance of the duties of the committee and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties. [2019 c.563 §3]

Note: See note under 430.230 (Definitions) .

Source: Section 430.234 — Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established; membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.662 — OR Code / Title 35 / Chapter 430 / Section 430.662
430.662 Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services
Status: in_force

(1) The Department of Human Services, in carrying out the legislative policy declared in ORS 427.007 (Policy) and 430.610 (Legislative policy) , subject to the availability of funds, shall:

(a) Use case management entities, including community developmental disabilities programs and support service brokerages, to provide case management services, using appropriate planning processes and implementation procedures, to ensure that:

(A) Persons with intellectual or developmental disabilities have the supports necessary to reside in the setting that they choose; and

(B) All persons with intellectual or developmental disabilities who are eligible for developmental disability services have access to the services.

(b) Regulate and assist Oregon counties and groups of Oregon counties in the establishment and financing of community developmental disabilities programs operated or contracted for by one or more counties.

(c) Contract with support service brokerages to deliver developmental disability services in a manner that features regional consolidation, administrative efficiency, cost-effectiveness and strong consumer and family oversight.

(d) Contract with each community developmental disabilities program and support service brokerage to provide or arrange for the provision of the following basic services to persons with intellectual or developmental disabilities:

(A) Access to developmental disability services in the person’s home, work sites or other locations.

(B) Case management services.

(C) Protective services.

(D) Planning and coordination of activities with other agencies or organizations to ensure effective and efficient delivery of services and use of resources.

(E) Establishing and administering a process for filing and responding to complaints and grievances.

(F) Other requirements or services as prescribed by the department by rule.

(e) Contract with each community developmental disabilities program to provide or arrange for the provision of the following services to persons with intellectual or development disabilities:

(A) Eligibility determination for developmental disability services.

(B) Abuse investigations.

(f) If a county declines to operate or contract for a community developmental disabilities program, contract with another public agency or private corporation to provide the program. The county must be provided with an opportunity to review and comment.

(g) When no community developmental disabilities program is operating within a county, operate the program or service.

(h) At the request of the tribal council of a federally recognized tribe of Native Americans, contract with the tribal council for the establishment and operation of a community developmental disabilities program in the same manner in which the department contracts with a county court or board of county commissioners.

(i) If necessary to carry out the legislative policy declared in ORS 430.610 (Legislative policy) , contract with a public agency or private corporation, in cooperation with the county, for some or all developmental disability services.

(j) Make all necessary and proper rules to regulate the establishment and operation of developmental disability services.

(2) The enumeration of duties and functions in subsection (1) of this section may not be deemed exclusive or construed as a limitation on the powers and authority vested in the department by other provisions of law. [2011 c.720 §179; 2013 c.36 §31; 2019 c.276 §6]

Note: 430.662 (Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services) 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 430.662 — Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).