ORS § 426.237 — OR Code / Title 35 / Chapter 426 / Section 426.237
426.237 Prehearing detention
Status: in_force

(1) During a prehearing period of detention as provided in ORS 426.070 (Initiation) , 426.140 (Place of confinement) , 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) , the community mental health program director shall do one of the following:

(a) Recommend, in an investigation report as provided in ORS 426.074 (Investigation) , that the circuit court not proceed further in the matter if the community mental health program director does not believe the person is a person with mental illness or that the person is in need of assisted outpatient treatment.

(b) No later than three judicial days after initiation of a prehearing period of detention as provided in ORS 426.070 (Initiation) , 426.140 (Place of confinement) , 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) , certify the detained person for a 14-day period of intensive treatment if:

(A) The community mental health program director and a licensed independent practitioner have probable cause to believe the person is a person with mental illness;

(B) The community mental health program director in the county where the person resides verbally approves the arrangements for payment for the services at the hospital or nonhospital facility; and

(C) The community mental health program director locates a hospital or nonhospital facility that:

(i) Is approved by the authority and the community mental health program director in the county where the person resides; and

(ii) Can, in the opinion of the community mental health program director and the licensed independent practitioner, provide intensive care or treatment for mental illness necessary and sufficient to meet the emergency psychiatric needs of the person.

(c) Recommend, in an investigation report as provided in ORS 426.074 (Investigation) , that the circuit court hold a hearing under ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) if the community mental health program director has probable cause to believe the person is a person with mental illness or that the person is in need of assisted outpatient treatment.

(2) Intentionally left blank —Ed.

(a) If the circuit court adopts the recommendation of the community mental health program director under subsection (1)(a) of this section, the circuit court shall enter an order releasing the person and dismissing the case. Unless the person agrees to voluntary treatment, if the person is being detained in a:

(A) Nonhospital facility, the community mental health program director shall make discharge plans and ensure the discharge of the person.

(B) Hospital, the licensed independent practitioner who is treating the person shall make discharge plans and discharge the person.

(b) Upon release of the person, the community mental health program director shall attempt to notify the person’s next of kin if the person consents to the notification.

(3) Intentionally left blank —Ed.

(a) If the detained person is certified for treatment under subsection (1)(b) of this section, the community mental health program director shall:

(A) Deliver immediately a certificate to the court having jurisdiction under ORS 426.060 (Commitment to Oregon Health Authority) ; and

(B) Orally inform the person of the certification and deliver a copy of the certificate to the person.

(b) The certificate required by paragraph (a) of this subsection shall include:

(A) A written statement under oath by the community mental health program director and the licensed independent practitioner that they have probable cause to believe the person is a person with mental illness in need of care or treatment for mental illness;

(B) A treatment plan that describes, in general terms, the types of treatment and medication to be provided to the person during the 14-day period of intensive treatment;

(C) A notice of the person’s right to an attorney and that an attorney will be appointed by the court or as otherwise obtained under ORS 426.100 (Advice of court) (3);

(D) A notice that the person has a right to request and be provided a hearing under ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) at any time during the 14-day period; and

(E) The date and time the copy of the certificate was delivered to the person.

(c) Immediately upon receipt of a certificate under paragraph (a) of this subsection, the court shall notify the person’s attorney or appoint an attorney for the person if the person cannot afford one. Within 24 hours of the time the certificate is delivered to the court, the person’s attorney shall review the certificate with the person. If the person and the person’s attorney consent to the certification within one judicial day of the time the certificate is delivered to the circuit court and, except as provided in subsection (4) of this section, the court shall postpone the hearing required by ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) for 14 days.

(d) When a person is certified for treatment under subsection (1)(b) of this section and accepts the certification:

(A) Except as otherwise provided in this paragraph, all methods of treatment, including the prescription and administration of drugs, shall be the sole responsibility of the licensed independent practitioner who is treating the person. However, the person shall not be subject to electroshock therapy or unduly hazardous treatment and shall receive usual and customary treatment in accordance with medical standards in the community.

(B) Except when the person expressly refuses treatment, the treating licensed independent practitioner shall treat the person within the scope of the treatment plan provided the person under paragraph (b) of this subsection. The person’s refusal of treatment constitutes sufficient grounds for the community mental health program director to request a hearing as provided in subsection (4)(a) of this section.

(C) If the person is in a hospital and the community mental health program director locates a nonhospital facility, approved by the authority, that, in the opinion of the community mental health program director and the licensed independent practitioner who is treating the person, can provide care or treatment for mental illness necessary and sufficient to meet the emergency psychiatric needs of the person, the treating licensed independent practitioner shall discharge the person from the hospital and the community mental health program director shall remove the person to the nonhospital facility for the remainder of the 14-day intensive treatment period. If, however, in the opinion of the treating licensed independent practitioner, the person’s condition requires the person to receive medical care or treatment, the licensed independent practitioner shall retain the person in the hospital.

(D) If the person is in a nonhospital facility, the community mental health program director shall transfer the person to a hospital approved by the authority under the following conditions:

(i) If, in the opinion of a licensed independent practitioner, the person’s condition requires the person to receive medical care or treatment in a hospital; and

(ii) The licensed independent practitioner agrees to admit the person to a hospital, approved by the authority, where the licensed independent practitioner has admitting privileges.

(E) If the person is transferred as provided in subparagraph (C) or (D) of this paragraph, the community mental health program director shall notify the circuit court, in the county where the certificate was filed, of the location of the person. The person may appeal the transfer as provided by rules of the authority.

(e) If the person is in a hospital, the licensed independent practitioner who is treating the person may discharge the person at any time during the 14-day period. The treating licensed independent practitioner shall confer with the community mental health program director and the person’s next of kin, if the person consents to the consultation, prior to discharging the person. Immediately upon discharge of the person, the treating licensed independent practitioner shall notify the court in the county in which the certificate was filed initially.

(f) If the person is in a nonhospital facility, the community mental health program director may discharge the person at any time during the 14-day period. The community mental health program director shall consult with the licensed independent practitioner who is treating the person and the person’s next of kin, if the person consents to the consultation, prior to discharging the person. Immediately upon discharge of the person, the community mental health program director shall notify the court in the county in which the certificate was filed initially.

(g) The person may agree to voluntary treatment at any time during the 14-day period. When a person agrees to voluntary treatment under this paragraph, the community mental health program director immediately shall notify the court in the county in which the certificate was filed initially.

(h) A person consenting to 14 days of treatment under subsection (3)(c) of this section shall not be held longer than 14 days from the time of consenting without a hearing as provided in ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) .

(i) When the court receives notification under paragraph (e), (f) or (g) of this subsection, the court shall dismiss the case.

(4) The judge of the circuit court shall immediately commence proceedings under ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) when:

(a) The person consenting to 14 days of treatment or the community mental health program director requests a hearing. The hearing shall be held without unreasonable delay. In no case shall the person be held in a hospital or nonhospital facility longer than five judicial days after the request for a hearing is made without a hearing being held under ORS 426.070 (Initiation) to 426.130 (Court determination of mental illness) .

(b) The community mental health program director acts under subsection (1)(c) of this section. In no case shall the person be held longer than five judicial days without a hearing under this subsection. [1993 c.484 §9; 2003 c.14 §237; 2009 c.595 §409; 2013 c.360 §44; 2013 c.737 §5; 2015 c.461 §17]

Note: See note under 426.228 (Custody) .

Source: Section 426.237 — Prehearing detention; duties of community mental health program director; certification for treatment; court proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.303 — OR Code / Title 35 / Chapter 426 / Section 426.303
426.303 Effect of protest of further commitment
Status: in_force

When the person protests a further period of commitment the Oregon Health Authority or facility designated in accordance with ORS 426.301 (Release of committed person) shall immediately notify the court and the court shall have the person brought before it and shall again advise the person that the authority 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 an indefinite period of time up to 180 days. The person shall also be informed of the rights set forth in ORS 426.301 (Release of committed person) . [1973 c.838 §16; 1975 c.690 §20; 2009 c.595 §419]

Source: Section 426.303 — Effect of protest of further commitment; advice of court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.075 — OR Code / Title 35 / Chapter 426 / Section 426.075
426.075 Notice and records of treatment prior to hearing
Status: in_force

This section establishes procedures that are required to be followed before the hearing if a court, under ORS 426.070 (Initiation) , orders a hearing under ORS 426.095 (Commitment hearing) . The following apply as described:

(1) The court shall be fully advised of all drugs and other treatment known to have been administered to the person alleged to have a mental illness that may substantially affect the ability of the person to prepare for or function effectively at the hearing. The following shall advise the court as required by this subsection:

(a) When not otherwise provided by paragraph (b) of this subsection, the community mental health program director or designee.

(b) When the person has been detained by a warrant of detention under ORS 426.070 (Initiation) , 426.180 (Emergency commitment of individuals in Indian country) , 426.228 (Custody) , 426.232 (Emergency admission) or 426.233 (Authority of community mental health program director and of other individuals) , the treating licensed independent practitioner.

(2) The court shall appoint examiners under ORS 426.110 (Appointment of examiners) sufficiently in advance of the hearing so that the examiners may begin their preparation for the hearing. The records established by the Oregon Health Authority by rule and the investigation report shall be made available to the examiners at least 24 hours before the hearing in order that the examiners may review the medical record and have an opportunity to inquire of the medical personnel concerning the treatment of the person alleged to have a mental illness during the detention period prior to the hearing.

(3) The medical record described in subsection (2) of this section shall be made available to counsel for the person alleged to have a mental illness at least 24 hours prior to the hearing.

(4) When requested by a party to the action, the party’s attorney shall subpoena licensed independent practitioners who are or have been treating the person. Any treating licensed independent practitioner subpoenaed under this subsection shall be subpoenaed as an expert witness. [1973 c.838 §8; 1975 c.690 §3; 1979 c.408 §2; 1987 c.903 §12; 1989 c.189 §1; 1993 c.484 §15; 2009 c.595 §388; 2013 c.360 §21; 2015 c.461 §5]

Source: Section 426.075 — Notice and records of treatment prior to hearing; procedures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.701 — OR Code / Title 35 / Chapter 426 / Section 426.701
426.701 Commitment of “extremely dangerous” person with qualifying mental disorder
Status: in_force

(1) For the purposes of this section and ORS 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) :

(a) A person is “extremely dangerous” if the person:

(A) Is at least 18 years of age;

(B) Is exhibiting symptoms or behaviors of a qualifying mental disorder substantially similar to those that preceded the act described in subsection (3)(a)(C) of this section; and

(C) Because of a qualifying mental disorder:

(i) Presents a serious danger to the safety of other persons by reason of an extreme risk that the person will inflict grave or potentially lethal physical injury on other persons; and

(ii) Unless committed, will continue to represent an extreme risk to the safety of other persons in the foreseeable future.

(b) “Qualifying mental disorder” does not include:

(A) A disorder manifested solely by repeated criminal or otherwise antisocial conduct; or

(B) A disorder constituting solely a personality disorder.

(c) A qualifying mental disorder is “resistant to treatment” if, after receiving care from a licensed psychiatrist and exhausting all reasonable psychiatric treatment, or after refusing psychiatric treatment, the person continues to be significantly impaired in the person’s ability to make competent decisions and to be aware of and control extremely dangerous behavior.

(2) Intentionally left blank —Ed.

(a) A district attorney may petition the court to initiate commitment proceedings described in this section if there is reason to believe a person is an extremely dangerous person with mental illness. Venue is proper in the county in which the person is alleged to have committed the qualifying act or the county in which the person lives. The petition shall immediately be served upon the person.

(b) If a person is committed to a state hospital under ORS 161.365 (Procedure for determining issue of fitness to proceed) or 161.370 (Determination of fitness to proceed) and the state hospital intends to discharge the person, the district attorney may provide notice to the superintendent of the state hospital indicating an intent to file a petition under this section. Upon receipt of the notice, the superintendent may delay discharge of the person for up to seven judicial days to allow for the petition to be filed and for the court to make findings under paragraph (f) of this subsection.

(c) The person shall be advised in writing of:

(A) The allegation that the person is an extremely dangerous person with mental illness and may be committed to the jurisdiction of the Psychiatric Security Review Board for a maximum period of 24 months; and

(B) The right to a hearing to determine whether the person is an extremely dangerous person with mental illness, unless the person consents to the commitment by waiving the right to a hearing in writing after consultation with legal counsel.

(d) A person against whom a petition described in this subsection is filed shall have the following:

(A) The right to obtain suitable legal counsel possessing skills and experience commensurate with the nature of the allegations and complexity of the case and, if the person is without funds to retain legal counsel, the right to have the court appoint legal counsel;

(B) The right to subpoena witnesses and to offer evidence on behalf of the person at the hearing;

(C) The right to cross-examine any witnesses who appear at the hearing; and

(D) The right to examine all reports, documents and information that the court considers, including the right to examine the reports, documents and information prior to the hearing, if available.

(e) Upon receipt of the petition, the court shall schedule a hearing and shall appoint an examiner as described in ORS 426.110 (Appointment of examiners) to evaluate the person. If the person is in custody or committed while the hearing is pending, the hearing must commence within 30 days of filing the petition unless good cause is found by the court. If the court finds good cause, the hearing must commence no later than 60 days after the filing of the petition or, if the district attorney provided notice under paragraph (b) of this subsection, the date of the notice, whichever occurs first. As used in this paragraph, “good cause” means:

(A) The person who would be considered the victim of the act described in subsection (3)(a)(C) of this section if the act were criminally prosecuted, or an essential witness for either the state or the person, is unable to testify within the 30-day period.

(B) The attorney for the person cannot reasonably be expected to participate in the hearing within the 30-day period, cannot be adequately prepared to represent the person at the hearing within the 30-day period, or has a schedule conflict that cannot be resolved in a manner that allows the attorney to represent the person at a hearing within the 30-day period.

(C) An examiner cannot be appointed to conduct the examination, or conduct the examination and prepare a report, within the 30-day period.

(D) If a guardian ad litem is appointed on the case, the guardian ad litem cannot be prepared for a hearing within the 30-day period.

(f) Intentionally left blank —Ed.

(A) The court may order that the person be committed to the custody of the superintendent of a state hospital or the director of a secure mental health facility while the petition is pending if the court finds probable cause that:

(i) The person is at least 18 years of age;

(ii) The person has a qualifying mental disorder that is resistant to treatment;

(iii) The person committed an act described in subsection (3)(a)(C) of this section; and

(iv) Failure to commit the person while the hearing is pending would pose serious harm or danger to the person or others.

(B) If a person committed under this paragraph is held in a secure facility other than a state hospital or secure mental health facility, including but not limited to a jail or prison, at the time the petition is filed, the court may further order that the person remain at that placement for sufficient time to allow the superintendent or director to safely admit the person. Any order of the court concerning the placement of a person under this subparagraph must be in accordance with the person’s constitutional right to due process. If the person remains in a secure facility under this subparagraph, the superintendent, director or designee may consult with the facility to ensure continuity of care for the person.

(C) Commitment to the custody of the superintendent of a state hospital or the director of a secure mental health facility under this paragraph may not exceed 60 days. If the hearing does not occur within 60 days, if the district attorney dismisses the petition, or if the court holds the hearing but does not commit the person, the person shall be returned to the county in which the petition was filed and the court shall hold a disposition hearing within five judicial days to determine how to proceed on the petition and any outstanding criminal charges. A person who is returned to a secure facility other than a state hospital or secure mental health facility, including but not limited to a jail or prison, under this paragraph may remain at the placement until the disposition hearing.

(g) If the hearing is not commenced within the time period required by paragraph (e) of this subsection, the court shall either dismiss the petition or release the person on personal recognizance, to the custody of a third party or upon any additional reasonable terms and conditions the court deems appropriate.

(3) Intentionally left blank —Ed.

(a) At the hearing on the petition, the court shall order the person committed as an extremely dangerous person with mental illness under the jurisdiction of the Psychiatric Security Review Board for a maximum of 24 months if the court finds, by clear and convincing evidence, that:

(A) The person is extremely dangerous;

(B) The person suffers from a qualifying mental disorder that is resistant to treatment; and

(C) Because of the qualifying mental disorder that is resistant to treatment, the person committed one of the following acts:

(i) Caused the death of another person;

(ii) Caused serious physical injury to another person by means of a dangerous weapon;

(iii) Caused physical injury to another person by means of a firearm as defined in ORS 166.210 (Definitions) or an explosive as defined in ORS 164.055 (Theft in the first degree) ;

(iv) Engaged in oral-genital contact with a child under 14 years of age;

(v) Forcibly compelled sexual intercourse, oral-genital contact or the penetration of another person’s anus or vagina; or

(vi) Caused a fire or explosion that damaged the protected property of another, as those terms are defined in ORS 164.305 (Definitions for ORS 164.305 to 164.377) , or placed another person in danger of physical injury, and the fire or explosion was not the incidental result of normal and usual daily activities.

(b) 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.

(c) The court shall specify in the order whether any person who would be considered a victim as defined in ORS 131.007 (“Victim” defined) of the act described in paragraph (a)(C) of this subsection, if the act had been criminally prosecuted, requests notification of any order or hearing, conditional release, discharge or escape of the person committed under this section.

(d) The court shall be fully advised of all drugs and other treatment known to have been administered to the alleged extremely dangerous person with mental illness that may substantially affect the ability of the person to prepare for, or to function effectively at, the hearing.

(e) 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 the examiner’s report and the court may consider the report as evidence.

(4) The findings of the court that a person committed an act described in subsection (3)(a)(C) of this section may not be admitted in a criminal prosecution.

(5) Intentionally left blank —Ed.

(a) If the court commits a person under this section and the person has pending criminal charges at the time of the hearing, the court shall dismiss the criminal charges without prejudice, and if the person is further committed to a state hospital under this section, the dismissal shall not take effect until the person’s transportation to the state hospital.

(b) If the court commits a person to the state hospital under this section and:

(A) The person is in a setting other than a state hospital, the court may additionally order that the person remain in that placement until the person can be safely transported to a state hospital pursuant to the order. Any order of the court concerning the placement of the person under this subparagraph must be in accordance with the person’s constitutional right to due process.

(B) The person is at a state hospital at the time of the hearing, the person may remain at the state hospital under the commitment.

(c) A person committed under this section shall remain under the jurisdiction of the board for a maximum of 24 months unless the board conducts a hearing and makes the findings described in subsection (6)(d) of this section.

(6) Intentionally left blank —Ed.

(a) The board shall hold a hearing six months after the initial commitment described in subsection (3) of this section, and thereafter six months after a further commitment described in ORS 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) , to determine the placement of the person and whether the person is eligible for conditional release or early discharge. The board shall provide written notice of the hearing to the person, the person’s legal counsel and the office of the district attorney who filed the initial petition under subsection (2) of this section within a reasonable time prior to the hearing. The board shall further notify the person of the following:

(A) The nature of the hearing and possible outcomes;

(B) The right to appear at the hearing and present evidence;

(C) The right to be represented by legal counsel and, if the person is without funds to retain legal counsel, the right to have the court appoint legal counsel;

(D) The right to subpoena witnesses;

(E) The right to cross-examine witnesses who appear at the hearing; and

(F) The right to examine all reports, documents and information that the board considers, including the right to examine the reports, documents and information prior to the hearing if available.

(b) If the board determines at the hearing that the person still suffers from a qualifying mental disorder that is resistant to treatment and continues to be extremely dangerous, and that the person cannot be controlled in the community with proper care, medication, supervision and treatment if conditionally released, the person shall remain committed to a state hospital.

(c) If the board determines at the hearing that the person still suffers from a qualifying mental disorder that is resistant to treatment and continues to be extremely dangerous, but finds that the person can be controlled in the community with proper care, medication, supervision and treatment if conditionally released, the board shall conditionally release the person.

(d) If the board determines at the hearing that the person no longer suffers from a qualifying mental disorder that is resistant to treatment or is no longer extremely dangerous, the board shall discharge the person. The discharge of a person committed under this section does not preclude commitment of the person pursuant to ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) .

(7) Intentionally left blank —Ed.

(a) At any time during the commitment to a state hospital, the superintendent of the state hospital may request a hearing to determine the status of the person’s commitment under the jurisdiction of the board. The request shall be accompanied by a report setting forth the facts supporting the request. If the request is for conditional release, the request shall be accompanied by a verified conditional release plan. The hearing shall be conducted as described in subsection (6) of this section.

(b) The board may make the findings described in subsection (6)(c) of this section and conditionally release the person without a hearing if the office of the district attorney who filed the initial petition under subsection (2) of this section does not object to the conditional release.

(c) At any time during conditional release, a state or local mental health facility providing treatment to the person may request a hearing to determine the status of the person’s commitment under the jurisdiction of the board. The hearing shall be conducted as described in subsection (6) of this section.

(8) Intentionally left blank —Ed.

(a) If the board orders the conditional release of a person under subsection (6)(c) of this section, the board shall order conditions of release that may include a requirement to report to any state or local mental health facility for evaluation. The board may further require cooperation with, and acceptance of, psychiatric or psychological treatment from the facility. Conditions of release may be modified by the board from time to time.

(b) When a person is referred to a state or local mental health facility for an evaluation under this subsection, the facility shall perform the evaluation and submit a written report of its findings to the board. If the facility finds that treatment of the person is appropriate, the facility shall include its recommendations for treatment in the report to the board.

(c) Whenever treatment is provided to the person by a state or local mental health facility under this subsection, the facility shall furnish reports to the board on a regular basis concerning the progress of the person.

(d) Copies of all reports submitted to the board pursuant to this subsection shall be furnished to the person and to the person’s legal counsel, if applicable. The confidentiality of these reports is determined pursuant to ORS 192.338 (Exempt and nonexempt public record to be separated) , 192.345 (Public records conditionally exempt from disclosure) and 192.355 (Public records exempt from disclosure) .

(e) The state or local mental health facility providing treatment to the person under this subsection shall comply with the conditional release order and any modifications of the conditions ordered by the board.

(9) Intentionally left blank —Ed.

(a) If at any time while the person is conditionally released it appears that the person has violated the terms of the conditional release, the board may order the person returned to a state hospital for evaluation or treatment. A written order of the board is sufficient warrant for any law enforcement officer to take the person into custody. A sheriff, municipal police officer, parole or probation officer or other peace officer shall execute the order, and the person shall be returned to the state hospital as soon as practicable.

(b) The director of a state or local mental health facility providing treatment to a person under subsection (8) of this section may request that the board issue a written order for a person on conditional release to be taken into custody if there is reason to believe that the person can no longer be controlled in the community with proper care, medication, supervision and treatment.

(c) Within 30 days following the return of the person to a state hospital, the board shall conduct a hearing to determine if, by a preponderance of the evidence, the person is no longer fit for conditional release. The board shall provide written notice of the hearing to the person, the person’s legal counsel and the office of the district attorney who filed the initial petition under subsection (2) of this section within a reasonable time prior to the hearing. The notice shall advise the person of the nature of the hearing, the right to have the court appoint legal counsel and the right to subpoena witnesses, examine documents considered by the board and cross-examine all witnesses who appear at the hearing.

(10) Intentionally left blank —Ed.

(a) If the person had unadjudicated criminal charges at the time of the filing of the petition for the person’s initial commitment under this section and the state hospital or the state or local mental health facility providing treatment to the person intends to recommend discharge of the person at an upcoming hearing, the superintendent of the state hospital or the director of the facility shall provide written notice to the board and the district attorney of the county where the criminal charges were initiated of the discharge recommendation at least 45 days before the hearing. The notice shall be accompanied by a report describing the person’s diagnosis and the treatment the person has received.

(b) Upon receiving the notice described in this subsection, the district attorney may request an order from the court in the county where the criminal charges were initiated for an evaluation to determine if the person is fit to proceed in the criminal proceeding. The court may order the state hospital or the state or local mental health facility providing treatment to the person to perform the evaluation. The hospital or facility shall provide copies of the evaluation to the district attorney, the person and the person’s legal counsel, if applicable.

(c) The person committed under this section may not waive an evaluation ordered by the court to determine if the person is fit to proceed with the criminal proceeding as described in this subsection.

(11) The board shall make reasonable efforts to notify any person described in subsection (3)(c) of this section of any order or hearing, conditional release, discharge or escape of the person committed under this section.

(12) Unless the court orders otherwise or either party objects, any party or witness may attend a hearing held under this section via simultaneous electronic transmission.

(13) The board shall adopt rules to carry out the provisions of this section and ORS 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) .

(14) Any time limitation described in ORS 131.125 (Time limitations) to 131.155 (Tolling of statute) does not run during a commitment described in this section or a further commitment described in ORS 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) . [2013 c.715 §2; 2013 c.715 §13; 2021 c.482 §1]

Source: Section 426.701 — Commitment of “extremely dangerous” person with qualifying mental disorder; requirements for conditional release; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.020 — OR Code / Title 35 / Chapter 426 / Section 426.020
426.020 Superintendent
Status: in_force

(1) The superintendent of a hospital referred to in ORS 426.010 (State hospitals for persons with mental illness) shall be a person the Oregon Health Authority considers qualified to administer the hospital. If the superintendent of any hospital is a physician licensed by the Oregon Medical Board, the superintendent shall serve as chief medical officer.

(2) If the superintendent is not a physician, the Director of the Oregon Health Authority or the designee of the director shall designate a physician to serve as chief medical officer. The designated chief medical officer may be an appointed state employee in the unclassified service, a self-employed contractor or an employee of a public or private entity that contracts with the authority to provide chief medical officer services. Unless the designated chief medical officer is specifically appointed as a state employee in the unclassified service, the designated chief medical officer shall not be deemed a state employee for purposes of any state statute, rule or policy.

(3) Intentionally left blank —Ed.

(a) Notwithstanding any other provision of law, the designated chief medical officer may supervise physicians and naturopathic physicians who are employed by the hospital or who provide services at the hospital pursuant to a contract.

(b) The designated chief medical officer may delegate all or part of the authority to supervise other physicians and naturopathic physicians at the hospital to a physician who is employed by the state, a self-employed contractor or an employee of a public or private entity that contracts with the authority to provide physician services. [Amended by 1955 c.651 §4; 1969 c.391 §1; 1973 c.807 §2; 1987 c.158 §76; 2003 c.14 §234; 2007 c.71 §116; 2009 c.59 §1; 2009 c.828 §14; 2017 c.356 §48]

Source: Section 426.020 — Superintendent; chief medical officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.272 — OR Code / Title 35 / Chapter 430 / Section 430.272
430.272 Educational resources on risks of inhalant use
Status: in_force

(1) For purposes of this section, “inhalant” has the meaning given that term in ORS 167.808 (Unlawful possession of inhalants) .

(2) The Director of the Oregon Health Authority shall develop education resources focusing on the problem of inhalant abuse by minors. The director shall ensure that special emphasis is placed on the education of parents about the risks of inhalant use. The director shall develop tools to help parents talk to their children about the extraordinary risks associated with even a single use of inhalants, as well as those risks that arise from repeated use.

(3) The director shall develop education resources focusing on merchants that sell products that contain inhalants. The director shall encourage merchants that sell products containing inhalants to post signs that inform the public that using inhalants for the purpose of intoxication is illegal and potentially deadly.

(4) The director shall develop and print a standard sign for the purposes of subsection (3) of this section, and shall make the sign available to merchants that elect to display the sign. The sign shall:

(a) Contain the message, “Illegal to inhale fumes for purpose of intoxication. Fumes may cause serious injury or death!!”

(b) Be at least five by seven inches in size with lettering that is at least three-eighths of an inch in height.

(c) Contain a graphic depiction of the message to convey the message to a person who cannot read the message. If the depiction includes a picture of a person, the depiction of the person shall be of a minor and shall not reflect any specific race or culture.

(5) The sign developed under subsection (4) of this section shall be in English and in such other languages as may be commonly used in this state. Merchants shall be encouraged to post signs in languages other than English if English is not the primary language of a significant number of the patrons of the business. [Formerly 409.425]

Note: 430.272 (Educational resources on risks of inhalant use) 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 430.272 — Educational resources on risks of inhalant use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.101 — OR Code / Title 35 / Chapter 427 / Section 427.101
427.101 Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664
Status: in_force

As used in this section and ORS 427.115 (Assessment of service needs and determination of service rate) , 427.121 (Choice of community living setting) , 427.154 (Individualized service plan) , 427.215 (Need for commitment) , 430.662 (Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services) and 430.664 (Requirements for developmental disabilities programs and support service brokerages) :

(1) “Community living setting” means:

(a) A residential setting;

(b) An individual’s home or the home of the individual’s family; or

(c) Other nonresidential setting.

(2) “Developmental disability services” means the following services as provided for individuals with intellectual or developmental disabilities:

(a) Services designed to develop or maintain the individual’s skills in the following areas:

(A) Eating, bathing, dressing, personal hygiene, mobility and other personal needs;

(B) Self-awareness and self-control, social responsiveness, social amenities, interpersonal skills, interpersonal relationships and social connections;

(C) Community participation, recreation and the ability to use available community services, facilities or businesses;

(D) Expressive and receptive skills in verbal and nonverbal language, the functional application of acquired reading and writing skills and other communication needs; and

(E) Planning and preparing meals, budgeting, laundering, housecleaning and other personal environmental needs;

(b) Case management;

(c) Services described in ORS 430.215 (Responsibility for developmental disability services and psychiatric treatment services for children) ;

(d) Employment services;

(e) Environmental accessibility adaptations;

(f) Specialized supports; and

(g) Specialized medical equipment and supplies.

(3) “Employment services” means services provided to develop or maintain the skills necessary for an individual to obtain and retain employment, including job assessment, job exploration, job development, job training, job coaching, work skills, and ongoing supports.

(4) “Environmental accessibility adaptations” means physical modifications to an individual’s home that are necessary to ensure the health, welfare and safety of the individual in the home, or that enable the individual to function with greater independence in the home.

(5) “Individualized service plan” means a plan described in ORS 427.107 (Rights of persons receiving developmental disability services) (2)(i), (j) and (k) that identifies the resources, services and purchases necessary for an individual with a developmental disability to achieve identified personal goals and maximize self-determination.

(6) “Person-centered planning” means an informal or formal process for gathering and organizing information that helps an individual to:

(a) Enhance self-determination by choosing personal goals and lifestyle preferences;

(b) Design strategies and networks of support to achieve personal goals and a preferred lifestyle using individual strengths, relationships and resources; and

(c) Identify, use and strengthen naturally occurring opportunities for support in the home and in the community.

(7) “Residential setting” means one of the following community living settings licensed or regulated by the Department of Human Services:

(a) Residential facilities licensed under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) ;

(b) Licensed adult foster homes, as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) ;

(c) Developmental disability child foster homes certified under ORS 443.835 (Certificate required) ;

(d) Group homes; and

(e) Supported living programs.

(8) “Self-determination” means empowering individuals to:

(a) Make their own choices and decisions;

(b) Select and plan, together with freely chosen family members and friends, the developmental disability services that are necessary for an individual to live, work and recreate in the setting that the individual chooses and in the community;

(c) Control, or have input regarding, the manner in which resources are used to obtain needed services and supports, with the help of a social support network if needed;

(d) Live an autonomous life in the community, rich in community affiliations, through formal or informal arrangements of resources and personnel and contribute to their community in the ways they choose;

(e) Have a valued role in the community through competitive employment, organizational affiliations, personal development and general caring for others in the community, and to be accountable for spending public dollars in ways that are life-enhancing for the individual; and

(f) Speak or act on their own behalf or on behalf of others, including participating in policy-making and legislative processes.

(9) “Service provider” means any person who is paid a service rate by the department to provide one or more of the services identified in the individualized service plan of an individual with an intellectual or developmental disability regardless of where the service is provided.

(10) “Service rate” means the amount of reimbursement paid to a service provider to care for an individual with an intellectual or developmental disability.

(11) Intentionally left blank —Ed.

(a) “Specialized medical equipment and supplies” means:

(A) Devices, aids, controls, supplies or appliances that enable individuals:

(i) To increase their ability to perform activities of daily living; or

(ii) To perceive, control or communicate with the environment in which they live;

(B) Items necessary for life support, including ancillary supplies and equipment necessary to the proper functioning of these items; and

(C) Medical equipment not available in the medical assistance program.

(b) “Specialized medical equipment and supplies” does not include items that have no direct medical or remedial benefit to the individual.

(12) “Specialized supports” means treatment, training, consultation or other unique services that are not available through the medical assistance program but are necessary to achieve the goals identified in the individualized service plan, or other developmental disability services prescribed by the department by rule.

(13) “Support service brokerage” means an entity that contracts with the department to provide or to arrange for developmental disability services. [Formerly 427.400; 2019 c.276 §1; 2023 c.339 §11]

Source: Section 427.101 — Definitions for ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.155 — OR Code / Title 35 / Chapter 426 / Section 426.155
426.155 Release of information about person held in custody pending commitment proceeding or while committed or recommitted
Status: in_force

(1) The provisions of this section apply to the release of information about a person who is held in custody either pending a commitment proceeding under ORS 426.070 (Initiation) , 426.140 (Place of confinement) , 426.228 (Custody) , 426.232 (Emergency admission) , 426.233 (Authority of community mental health program director and of other individuals) or 426.237 (Prehearing detention) (1)(b) or while committed or recommitted under ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) .

(2) Notwithstanding the provisions of ORS 179.495 (Disclosure of written accounts of adult in custody) , 179.505 (Disclosure of written accounts by health care services provider) or 192.355 (Public records exempt from disclosure) (2) and notwithstanding any other provision of ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) , a facility or nonhospital facility where a person is held shall establish procedures for releasing information as required under subsections (3) and (4) of this section.

(3) Intentionally left blank —Ed.

(a) If a person described in subsection (1) of this section authorizes disclosure as provided in subsection (5) of this section, upon request of a member of the family of the person, or any other designee of the person, a facility or nonhospital facility where the person is held shall provide the family member or the designee with the following information:

(A) The person’s diagnosis;

(B) The person’s prognosis;

(C) The medications prescribed for the person and the side effects of medications prescribed, if any;

(D) The person’s progress;

(E) Information about any civil commitment process, including the date, time and location of the person’s commitment hearing; and

(F) Where and when the person may be visited.

(b) If a request for information is made under this subsection and the person is unable to authorize disclosure as provided in subsection (5) of this section, the requester shall be provided notice of the presence of the person in any facility or nonhospital facility. Information shall not be provided under this paragraph if the licensed independent practitioner who is treating the person determines that it would not be in the person’s best interest to provide the information or if providing the information is prohibited by federal law.

(4) Upon the admission of any person to a facility or nonhospital facility under ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) , the facility or nonhospital facility shall make reasonable attempts to notify the person’s next of kin, or any other designee of the person, of the person’s admission, unless the person requests that this information not be provided. The facility or nonhospital facility shall make reasonable attempts to notify the person’s next of kin, or any other designee of the person, of the person’s release, transfer, serious illness, injury or death upon request of the family member or designee, unless the person requests that this information not be provided. The person shall be advised by the facility or nonhospital facility that the person has the right to request that this information not be provided.

(5) The person who is held in custody shall be notified by the facility or nonhospital facility that information about the person has been requested. Except as provided in subsection (3) of this section, the consent of the person who is held is required for release of information under subsections (3) and (4) of this section. If, when initially informed of the request for information, the person is unable to give voluntary and informed consent to authorize the release of information, notation of the attempt shall be made in the person’s treatment record and daily efforts shall be made to secure the person’s consent or refusal of authorization.

(6) Notwithstanding any other provision of this section, an individual eligible to receive information under subsection (3) of this section may not receive information unless the individual first agrees to make no further disclosure of the information. The agreement may be made orally.

(7) A facility or nonhospital facility that releases information under subsection (3) or (4) of this section shall:

(a) Notify the person who is held to whom, when and what information was released; and

(b) Note in the medical record of the person who is held:

(A) The basis for finding that the person gave voluntary and informed consent;

(B) The oral or written consent of the person who is held;

(C) To whom, when and what information was released;

(D) The agreement to the requirements of subsection (6) of this section by the requester; and

(E) Any determination made by the licensed independent practitioner under subsection (3)(b) of this section regarding the provision of notice of the presence of the person in any facility or nonhospital facility.

(8) A facility or nonhospital facility, including the staff of such facilities and nonhospital facilities, that releases information under this section or rules adopted under ORS 426.236 (Rules) may not be held civilly or criminally liable for damages caused or alleged to be caused by the release of information or the failure to release information as long as the release was done in good faith and in compliance with subsections (3) and (4) of this section or rules adopted under ORS 426.236 (Rules) .

(9) The provisions of subsections (3) and (4) of this section do not limit the ability or obligation of facilities, nonhospital facilities, licensed independent practitioners, mental health care providers or licensed mental health professionals to provide information as otherwise allowed or required by law. [2001 c.481 §2; 2013 c.360 §34; 2015 c.461 §8]

Note: 426.155 (Release of information about person held in custody pending commitment proceeding or while committed or recommitted) 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 426.155 — Release of information about person held in custody pending commitment proceeding or while committed or recommitted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.747 — OR Code / Title 35 / Chapter 430 / Section 430.747
430.747 Photographs of victim during investigation
Status: in_force

(1) In carrying out its duties under ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) , a law enforcement agency or the Department of Human Services’ designee may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of investigation unless the victim knowingly refuses to be photographed.

(2) For purposes of ORS 430.763 (Confidentiality of records) , photographs taken under authority of subsection (1) of this section shall be considered case records. [1991 c.744 §6]

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

Source: Section 430.747 — Photographs of victim during investigation; exception; photographs as records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.388 — OR Code / Title 35 / Chapter 430 / Section 430.388
430.388 Oversight and Accountability Council
Status: in_force

(1) The Oversight and Accountability Council is established for the purpose of overseeing the implementation of the Behavioral Health Resource Networks pursuant to ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) .

(2) The members of the council shall be qualified individuals with experience in substance use treatment and other addiction services and consist of:

(a) At least one member from each of the following categories appointed by the director:

(A) A representative of the Oregon Health Authority, Health Systems Division Behavioral Health Services as a nonvoting member;

(B) Three members of communities that have been disproportionately impacted by arrests, prosecution or sentencing for conduct that has been classified or reclassified as a Class E violation;

(C) A physician specializing in addiction medicine;

(D) A licensed clinical social worker;

(E) An evidence-based substance use treatment provider;

(F) A harm reduction services provider;

(G) A person specializing in housing services for people with substance use or a diagnosed mental health condition;

(H) An academic researcher specializing in drug use or drug policy;

(I) At least two people who suffered or suffer from substance use;

(J) At least two recovery peers;

(K) A mental or behavioral health care provider;

(L) A representative of a coordinated care organization; and

(M) A person who works for a nonprofit organization that advocates for persons who experience or have experienced substance use; and

(b) The Director of the Alcohol and Drug Policy Commission or the director’s designated staff person, as an ex officio nonvoting member.

(3) The director shall appoint an executive director who shall report to and be responsible for the duties assigned by the director of the division within the authority that is responsible for behavioral health in consultation with the council.

(4) A quorum consists of a majority of the members of the council.

(5) The term of office for a member of the council is four years. Members are eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately available for the unexpired term plus two years, but not more than a total of four years.

(6) Intentionally left blank —Ed.

(a) To the extent permissible by law, a member of the council performing services for the council may receive compensation from the member’s employer for time spent performing services as a council member.

(b) If a member of the council is not compensated by the member’s employer as set forth in paragraph (a) of this subsection, that member shall be entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(7) Members of the council are subject to and must comply with the provisions of ORS chapter 244, including ORS 244.045 (Regulation of subsequent employment of public officials) (4), 244.047 (Financial interest in public contract) , 244.120 (Methods of handling conflicts) and 244.130 (Recording of notice of conflict) . [2021 c.2 §3; 2021 c.591 §3; 2023 c.248 §5]

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

Note: Section 6, chapter 248, Oregon Laws 2023, provides:

Sec. 6. (1) Notwithstanding the terms of office specified in ORS 430.388 (Oversight and Accountability Council) , eight voting members currently serving on the Oversight and Accountability Council shall be reappointed for two-year terms at the end of their current terms, including:

(a) At least one member from each category described in ORS 430.388 (Oversight and Accountability Council) (2)(a)(B), (2)(a)(I) and (2)(a)(J); and

(b) Others chosen by lot.

(2) The successors to the members who are reappointed to two-year terms shall be appointed to four-year terms. [2023 c.248 §6]

Source: Section 430.388 — Oversight and Accountability Council , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 428.310 — OR Code / Title 35 / Chapter 428 / Section 428.310
428.310 Execution and termination of compact concerning persons with mental illness or intellectual disability
Status: in_force

The Department of Human Services or the Oregon Health Authority may execute and terminate a compact on behalf of the State of Oregon with any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico joining therein, in the form substantially as follows:

The contracting states solemnly agree that:

The party states find that the proper and expeditious treatment of persons with mental illness or intellectual disabilities can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of persons with mental illness or intellectual disabilities under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

As used in this compact:

(a) “Sending state” shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.

(b) “Receiving state” shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.

(c) “Institution” shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or intellectual disabilities.

(d) “Patient” shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment or supervision pursuant to the provisions of this compact.

(e) “After-care” shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.

(f) “Mental illness” shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.

(g) “Intellectual disability” shall mean intellectual disability as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.

(h) “State” shall mean any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or intellectual disability, the person shall be eligible for care and treatment in an institution in that state irrespective of the residence, settlement or citizenship qualifications of the person.

(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient’s full record with due regard for the location of the patient’s family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that the patient would be taken if the patient were a local patient.

(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient’s intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.

(c) In supervising, treating or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, the patient shall be detained in the state where found pending disposition in accordance with law.

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.

(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of persons with mental illness or intellectual disabilities, or any statutory authority pursuant to which such agreements may be made.

(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties and responsibilities of any patient’s guardian on the guardian’s own behalf or in respect of any patient for whom the guardian may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue the power and responsibility of the guardian, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(b) The term “guardian” as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator or other person or agency however denominated who is charged by law with responsibility for the property of a patient.

(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or intellectual disability, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or intellectual disability.

(a) Each party state shall appoint a “compact administrator” who, on behalf of the state of the compact administrator, shall act as general coordinator of activities under the compact in the state of the compact administrator and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by the state of the compact administrator either in the capacity of sending or receiving state. The compact administrator or the duly designated representative of the compact administrator shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or intellectual disability. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

This compact shall enter into full force and effect as to any state when entered into according to law and such state shall thereafter be a party thereto with any and all states legally joining therein.

(a) A state party to this compact may withdraw therefrom as provided by law and such renunciation shall be by the same authority which executed it. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.

(b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

[1957 c.388 §14; 2009 c.595 §455; 2013 c.360 §60]

Source: Section 428.310 — Execution and termination of compact concerning persons with mental illness or intellectual disability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 430.021 — OR Code / Title 35 / Chapter 430 / Section 430.021
430.021 Functions of Department of Human Services and Oregon Health Authority
Status: in_force

Subject to ORS 417.300 (Purpose of ORS 417.305) and 417.305 (Legislative findings relating to serving children and families) :

(1) The Department of Human Services shall 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:

(a) Direct, promote, correlate and coordinate all the activities, duties and direct services for persons with developmental disabilities.

(b) Promote, correlate and coordinate the developmental disabilities activities of all governmental organizations throughout the state in which there is any direct contact with developmental disabilities programs.

(c) Establish, coordinate, assist and direct a community developmental disabilities program in cooperation with local government units and integrate such a program with the state developmental disabilities program.

(d) Promote public education in this state concerning developmental disabilities and act as the liaison center for work with all interested public and private groups and agencies in the field of developmental disabilities services.

(2) The Oregon Health Authority shall directly or by contract with private or public entities:

(a) Direct, promote, correlate and coordinate all the activities, duties and direct services for persons with mental or emotional disturbances, alcoholism or drug dependence.

(b) Promote, correlate and coordinate the mental health activities of all governmental organizations throughout the state in which there is any direct contact with mental health programs.

(c) Establish, coordinate, assist and direct a community mental health program in cooperation with local government units and integrate such a program with the state mental health program.

(d) Promote public education in this state concerning mental health and act as the liaison center for work with all interested public and private groups and agencies in the field of mental health services.

(3) The department and the authority shall develop cooperative programs with interested private groups throughout the state to effect better community awareness and action in the fields of mental health and developmental disabilities, and encourage and assist in all necessary ways community general hospitals to establish psychiatric services.

(4) To the greatest extent possible, the least costly settings for treatment, outpatient services and residential facilities shall be widely available and utilized except when contraindicated because of individual health care needs. State agencies that purchase treatment for mental or emotional disturbances shall develop criteria consistent with this policy. In reviewing applications for certificates of need, the Director of the Oregon Health Authority shall take this policy into account.

(5) The department and the authority shall accept the custody of persons committed to its care by the courts of this state.

(6) The authority shall adopt rules to require a facility and a nonhospital facility as those terms are defined in ORS 426.005 (Definitions for ORS 426.005 to 426.390) , and a provider that employs a person described in ORS 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) , if subject to authority rules regarding the use of restraint or seclusion during the course of mental health treatment of a child or adult, to report to the authority each calendar quarter the number of incidents involving the use of restraint or seclusion. The aggregate data shall be made available to the public. [1969 c.597 §83 (enacted in lieu of 430.020); 1973 c.795 §4; 1983 c.601 §4; 1987 c.660 §20; 1989 c.116 §3; 1989 c.834 §17; 1991 c.122 §8; 2001 c.900 §133; 2007 c.70 §226; 2007 c.164 §1; 2009 c.595 §459; 2011 c.720 §166; 2013 c.36 §25]

Source: Section 430.021 — Functions of Department of Human Services and Oregon Health Authority; report to authority on use of restraint or seclusion; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.121 — OR Code / Title 35 / Chapter 427 / Section 427.121
427.121 Choice of community living setting
Status: in_force

(1) As used in this section, “adult” means an individual:

(a) Who is at least 18 years of age;

(b) Who has an intellectual or developmental disability; and

(c) Who is eligible for, and who chooses to receive, developmental disability services.

(2) An adult has the right to choose the adult’s community living setting. The Department of Human Services or the department’s designee shall present to an adult at least three types of community living settings, including an option for services in the adult’s own or family home:

(a) Each year, prior to authorizing services in a community living setting for the adult.

(b) When an adult is moving from one community living setting to another community living setting.

(3) The department or the department’s designee may not authorize services in a new type of community living setting without first complying with subsection (2) of this section.

(4) The department or the department’s designee is not required to present the options under subsection (2) of this section if:

(a) The adult is at imminent risk to health or safety in the adult’s current placement setting; or

(b) The adult is moving from one nonresidential setting to another nonresidential setting. [2013 c.602 §2; 2019 c.276 §3]

Source: Section 427.121 — Choice of community living setting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.050 — OR Code / Title 35 / Chapter 430 / Section 430.050
430.050 Mental Health Advisory Board
Status: in_force

(1) The Director of the Oregon Health Authority, with the approval of the Governor, shall appoint at least 15 but not more than 20 members of a Mental Health Advisory Board, composed of both lay and professionally trained individuals, qualified by training or experience to study the problems of mental health and make recommendations for the development of policies and procedures with respect to the state mental health programs. The membership shall provide balanced representation of program areas and shall include persons who represent the interests of children. At least four members of the board shall be persons with disabilities who shall serve as the Disability Issues Advisory Committee which is hereby established. The members of the board shall serve for terms of four years and are entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) . The director may remove any member of the board for misconduct, incapacity or neglect of duty.

(2) The Oregon Health Authority shall adopt rules specifying the duties of the board. In addition to those duties assigned by rule, the board shall assist the authority in planning and preparation of administrative rules for the assumption of responsibility for psychiatric care in state and community hospitals by community mental health programs, in accordance with ORS 430.630 (Services to be provided by community mental health programs) (3)(e).

(3) The board shall meet at least once each quarter.

(4) The director may make provision for technical and clerical assistance to the Mental Health Advisory Board and for the expenses of such assistance.

(5) The Disability Issues Advisory Committee shall meet at least once annually to make recommendations to the Mental Health Advisory Board.

(6) As used in this section, “person with a disability” means any person who:

(a) Has a physical or mental impairment which substantially limits one or more major life activities;

(b) Has a record of such an impairment; or

(c) Is regarded as having such an impairment. [1961 c.706 §18; 1969 c.314 §36; 1969 c.597 §86; 1981 c.750 §12; 1989 c.116 §4; 1989 c.777 §1; 2007 c.70 §227; 2009 c.595 §461]

Source: Section 430.050 — Mental Health Advisory Board; Disability Issues Advisory Committee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.397 — OR Code / Title 35 / Chapter 430 / Section 430.397
430.397 Voluntary admission of person to treatment facility
Status: in_force

Any person may voluntarily apply for admission to any treatment facility operated pursuant to rules of the Oregon Health Authority. The director of the treatment facility shall determine whether the person shall be admitted as a patient, or referred to another appropriate treatment facility or denied referral or admission. If the person is under 18 years of age or an incompetent, the director of the treatment facility shall notify the person’s parents or guardian of the admission or referral. [Formerly 426.450; 2009 c.595 §494; 2011 c.720 §169]

Note: 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) were added to and made a part of ORS chapter 426 by legislative action but were not added to ORS chapter 430 or any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 430.397 — Voluntary admission of person to treatment facility; notice to parent or guardian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.197 — OR Code / Title 35 / Chapter 430 / Section 430.197
430.197 Mental Health Services Fund
Status: in_force

The Mental Health Services Fund is established in the State Treasury, separate and distinct from the General Fund. The Mental Health Services Fund comprises moneys collected or received by the Oregon Health Authority, the Department of Human Services and the Department of Corrections under ORS 179.640 (Determination of ability to pay) , 426.241 (Payment of care, custody and treatment costs) and 430.165 (Fee schedules) . The moneys in the fund are continuously appropriated to the Oregon Health Authority, the Department of Human Services and the Department of Corrections for the purposes of paying the costs of:

(1) Services provided to a person in a state institution, as defined in ORS 179.610 (Definitions for ORS 179.610 to 179.770) ;

(2) Emergency psychiatric care, custody and treatment paid under ORS 426.241 (Payment of care, custody and treatment costs) ;

(3) Emergency care, custody or treatment provided to a person admitted to or detained in a state mental hospital or nonhospital facility 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) ; and

(4) Programs operating 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) . [2011 c.720 §226; 2012 c.25 §5; 2015 c.785 §8; 2018 c.76 §5]

Note: 430.197 (Mental Health Services Fund) 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 430.197 — Mental Health Services Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.292 — OR Code / Title 35 / Chapter 427 / Section 427.292
427.292 Parental consent required for involuntary commitment of minor child
Status: in_force

ORS 427.235 (Notice to court of need for commitment) to 427.292 (Parental consent required for involuntary commitment of minor child) do not permit a court to order an involuntary commitment of a minor child to the Department of Human Services without the consent of the minor child’s parent or legal guardian. [2023 c.339 §2]

Source: Section 427.292 — Parental consent required for involuntary commitment of minor child , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.345 — OR Code / Title 35 / Chapter 430 / Section 430.345
430.345 Grants for prevention of, intervention in and treatment for substance use disorders
Status: in_force

Upon application therefor, the Oregon Health Authority may make grants from funds specifically appropriated for the purposes of carrying out ORS 430.338 (Purposes of laws related to alcoholism) to 430.380 (Mental Health Alcoholism and Drug Services Account) to any applicant for the establishment, operation and maintenance of alcohol and drug abuse prevention, early intervention and treatment services. When necessary, a portion of the appropriated funds may be designated by the authority for training and technical assistance, or additional funds may be appropriated for this purpose. Alcohol and drug abuse prevention, early intervention and treatment services shall be approved if the applicant establishes to the satisfaction of the authority:

(1) Intentionally left blank —Ed.

(a) The adequacy of the services to accomplish the goals of the applicant and the needs and priorities established under ORS 430.338 (Purposes of laws related to alcoholism) to 430.380 (Mental Health Alcoholism and Drug Services Account) ; or

(b) The community need for the services as determined by the local planning committee for alcohol and drug prevention and treatment services under ORS 430.342 (Local planning committees) ;

(2) That an appropriate operating agreement exists, or will exist with other community facilities able to assist in providing alcohol and drug abuse prevention, early intervention and treatment services, including nearby detoxification centers and halfway houses; and

(3) That the services comply with the rules adopted by the authority pursuant to ORS 430.357 (Minimum standards) . [1973 c.682 §3; 1977 c.856 §4; 1987 c.53 §1; 2009 c.595 §484; 2011 c.673 §22]

Source: Section 430.345 — Grants for prevention of, intervention in and treatment for substance use disorders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.210 — OR Code / Title 35 / Chapter 430 / Section 430.210
430.210 Rights of persons receiving mental health services
Status: in_force

(1) While receiving services, every person shall have the right to:

(a) Choose from available services those that are appropriate, consistent with the plan developed in accordance with paragraphs (b) and (c) of this subsection and provided in a setting and under conditions that are least restrictive to the person’s liberty, that are least intrusive to the person and that provide for the greatest degree of independence.

(b) An individualized service plan, services based upon that plan and periodic review and reassessment of service needs.

(c) Ongoing participation in planning of services in a manner appropriate to the person’s capabilities, including the right to participate in the development and periodic revision of the plan described in paragraph (b) of this subsection, and the right to be provided with a reasonable explanation of all service considerations.

(d) Not receive services without informed voluntary written consent except in a medical emergency or as otherwise permitted by law.

(e) Not participate in experimentation without informed voluntary written consent.

(f) Receive medication only for the person’s individual clinical needs.

(g) Not be involuntarily terminated or transferred from services without prior notice, notification of available sources of necessary continued services and exercise of a grievance procedure.

(h) A humane service environment that affords reasonable protection from harm, reasonable privacy and daily access to fresh air and the outdoors, except that such access may be limited when it would create significant risk of harm to the person or others.

(i) Be free from abuse or neglect and to report any incident of abuse without being subject to retaliation.

(j) Religious freedom.

(k) Not be required to perform labor, except personal housekeeping duties, without reasonable and lawful compensation.

(L) Visit with family members, friends, advocates and legal and medical professionals.

(m) Exercise all rights set forth in ORS 426.385 (Rights of committed persons) if the individual is committed to the Oregon Health Authority.

(n) Be informed at the start of services and periodically thereafter of the rights guaranteed by this section and the procedures for reporting abuse, and to have these rights and procedures, including the name, address and telephone number of the system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1), prominently posted in a location readily accessible to the person and made available to the person’s guardian and any representative designated by the person.

(o) Assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely and impartial grievance procedure.

(p) Have access to and communicate privately with any public or private rights protection organization or rights advocate.

(q) Exercise all rights described in this section without any form of reprisal or punishment.

(2) The rights described in this section are in addition to, and do not limit, all other statutory and constitutional rights that are afforded all citizens including, but not limited to, the right to vote, marry, have or not have children, own and dispose of property, enter into contracts and execute documents.

(3) The rights described in this section may be asserted and exercised by the person, the person’s guardian and any representative designated by the person.

(4) Nothing in this section may be construed to alter any legal rights and responsibilities between parent and child. [1993 c.96 §3; 2005 c.550 §1; 2007 c.57 §2; 2009 c.595 §471; 2011 c.720 §168; 2013 c.36 §27; 2019 c.236 §2; 2021 c.97 §47]

Source: Section 430.210 — Rights of persons receiving mental health services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.125 — OR Code / Title 35 / Chapter 426 / Section 426.125
426.125 Qualifications and requirements for conditional release
Status: in_force

The following qualifications, requirements and other provisions relating to a conditional release under ORS 426.130 (Court determination of mental illness) apply as described:

(1) A court may only order conditional release if all of the following occur:

(a) The conditional release is requested by the legal guardian, relative or friend of the person with mental illness.

(b) The legal guardian, relative or friend requesting the conditional release requests to be allowed to care for the person during the period of commitment in a place satisfactory to the judge.

(c) The legal guardian, relative or friend requesting the release establishes all of the following to the satisfaction of the court:

(A) The ability of the legal guardian, relative or friend to care for the person.

(B) That there are adequate financial resources available for the care of the person.

(2) If the court determines to allow conditional release, the court shall order that the person be conditionally released and placed in the care of the requester. The court shall establish any terms and conditions on the conditional release that the court determines appropriate.

(3) Any conditional release ordered under this section is subject to the provisions under ORS 426.275 (Effect of failure to adhere to condition of placement) . [1987 c.903 §18; 2013 c.360 §28]

Source: Section 426.125 — Qualifications and requirements for conditional release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.402 — OR Code / Title 35 / Chapter 430 / Section 430.402
430.402 Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs
Status: in_force

"The proposal, crafted by Mayor Ted Wheeler and Commissioner Rene Gonzalez, is meant to discourage public drug use on Portland streets, a trend that has become increasingly common since 2020. That’s when voters approved Measure 110…" Bibliographic info

"In Portland, it’s illegal to crack a beer or smoke marijuana on sidewalks or in a city park. But state law enshrines people’s right to consume fentanyl, meth, heroin and other hard drugs on public property." Bibliographic info

(1) A political subdivision in this state shall not adopt or enforce any local law or regulation that makes any of the following an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind:

(a) Public intoxication.

(b) Public drinking, except as to places where any consumption of alcoholic beverages is generally prohibited.

(c) Drunk and disorderly conduct.

(d) Vagrancy or other behavior that includes as one of its elements either drinking alcoholic beverages or using cannabis or controlled substances in public, being an alcoholic or a drug-dependent person, or being found in specified places under the influence of alcohol, cannabis or controlled substances.

(e) Using or being under the influence of cannabis or controlled substances.

(2) Nothing in subsection (1) of this section shall affect any local law or regulation of any political subdivision in this state against driving while under the influence of intoxicants, as defined in ORS 813.010 (Driving under the influence of intoxicants) , or other similar offenses that involve the operation of motor vehicles. [Formerly 430.325; 2017 c.21 §60]

Source: Section 430.402 — Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.673 — OR Code / Title 35 / Chapter 430 / Section 430.673
430.673 Mediation
Status: in_force

(1) When a dispute exists between a county and a community developmental disabilities program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Department of Human Services relating to department programs under this chapter, either party may request mediation under rules adopted by the department.

(2) When a dispute exists between a county and a community mental health program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Oregon Health Authority relating to authority programs under this chapter, either party may request mediation under rules adopted by the authority.

(3) A county may not retaliate against a community mental health program or community developmental disabilities program solely because the program:

(a) Requested mediation under subsection (1) or (2) of this section;

(b) Requested dispute resolution or filed an appeal under rules adopted by the department or the authority; or

(c) Initiated a contested case proceeding otherwise available under ORS chapter 183 with respect to a dispute described in subsection (1) or (2) of this section.

(4) For purposes of this section, “retaliate” means an adverse action taken by a county against a community mental health program or a community developmental disabilities program to:

(a) Materially alter or terminate the contract between the county and the community mental health program or community developmental disabilities program; or

(b) Fail to renew the contract between the county and the community mental health program or community developmental disabilities program.

(5) Notwithstanding any other remedy provided by law, a community mental health program or community developmental disabilities program against which a county has retaliated in violation of subsection (3) of this section may bring an action against the county for actual damages or $1,000, whichever is greater. The court shall award reasonable attorney fees to the prevailing party in an action under this subsection. An action described in this section shall be considered a tort claim under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) . Except as provided in this section, the provisions of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) apply to an action described in this section.

(6) In accordance with any applicable provision of ORS chapter 183, the department or the authority may adopt rules to carry out the provisions of this section. [1999 c.524 §4; 2003 c.430 §1; 2009 c.595 §515]

Source: Section 430.673 — Mediation; retaliation prohibited; action for damages; attorney fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.640 — OR Code / Title 35 / Chapter 430 / Section 430.640
430.640 Duties of Oregon Health Authority in assisting and supervising community mental health programs
Status: in_force

(1) The Oregon Health Authority, in carrying out the legislative policy declared in ORS 430.610 (Legislative policy) , subject to the availability of funds, shall:

(a) Assist Oregon counties and groups of Oregon counties in the establishment and financing of community mental health programs operated or contracted for by one or more counties.

(b) If a county declines to operate or contract for a community mental health 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.

(c) In an emergency situation when no community mental health program is operating within a county or when a county is unable to provide a service essential to public health and safety, operate the program or service on a temporary basis.

(d) 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 mental health program in the same manner in which the authority contracts with a county court or board of county commissioners.

(e) If a county agrees, contract with a public agency or private corporation for all services within one or more of the following program areas:

(A) Mental or emotional disturbances.

(B) Drug abuse.

(C) Alcohol abuse and alcoholism.

(f) Approve or disapprove the local plan and budget information for the establishment and operation of each community mental health program. Subsequent amendments to or modifications of an approved plan or budget information involving more than 10 percent of the state funds provided for services under ORS 430.630 (Services to be provided by community mental health programs) may not be placed in effect without prior approval of the authority. However, an amendment or modification affecting 10 percent or less of state funds for services under ORS 430.630 (Services to be provided by community mental health programs) within the portion of the program for persons with mental or emotional disturbances or within the portion for persons with alcohol or drug dependence may be made without authority approval.

(g) Make all necessary and proper rules to govern the establishment and operation of community mental health programs, including adopting rules defining the range and nature of the services which shall or may be provided under ORS 430.630 (Services to be provided by community mental health programs) .

(h) Collect data and evaluate services in the state hospitals in accordance with the same methods prescribed for community mental health programs under ORS 430.634 (Evaluation of programs) .

(i) Develop guidelines that include, for the development of comprehensive local plans in consultation with local mental health authorities:

(A) The use of integrated services;

(B) The outcomes expected from services and programs provided;

(C) Incentives to reduce the use of state hospitals;

(D) Mechanisms for local sharing of risk for state hospitalization;

(E) The provision of clinically appropriate levels of care based on an assessment of the mental health needs of consumers;

(F) The transition of consumers between levels of care; and

(G) The development, maintenance and continuation of older adult mental health programs with mental health professionals trained in geriatrics.

(j) Work with local mental health authorities to provide incentives for community-based care whenever appropriate while simultaneously ensuring adequate statewide capacity.

(k) Provide technical assistance and information regarding state and federal requirements to local mental health authorities throughout the local planning process required under ORS 430.630 (Services to be provided by community mental health programs) (9).

(L) Provide incentives for local mental health authorities to enhance or increase vocational placements for adults with mental health needs.

(m) Develop or adopt nationally recognized system-level performance measures, linked to the Oregon Benchmarks, for state-level monitoring and reporting of mental health services for children, adults and older adults, including but not limited to quality and appropriateness of services, outcomes from services, structure and management of local plans, prevention of mental health disorders and integration of mental health services with other needed supports.

(n) Develop standardized criteria for each level of care described in ORS 430.630 (Services to be provided by community mental health programs) (9), including protocols for implementation of local plans, strength-based mental health assessment and case planning.

(o) Develop a comprehensive long-term plan for providing appropriate and adequate mental health treatment and services to children, adults and older adults that is derived from the needs identified in local plans, is consistent with the vision, values and guiding principles in the Report to the Governor from the Mental Health Alignment Workgroup, January 2001, and addresses the need for and the role of state hospitals.

(p) Report biennially to the Governor and the Legislative Assembly on the progress of the local planning process and the implementation of the local plans adopted under ORS 430.630 (Services to be provided by community mental health programs) (9)(b) and the state planning process described in paragraph (o) of this subsection, and on the performance measures and performance data available under paragraph (m) of this subsection.

(q) On a periodic basis, not to exceed 10 years, reevaluate the methodology used to estimate prevalence and demand for mental health services using the most current nationally recognized models and data.

(r) Encourage the development of regional local mental health authorities comprised of two or more boards of county commissioners that establish or operate a community mental health program.

(2) The Oregon Health Authority may provide technical assistance and other incentives to assist in the planning, development and implementation of regional local mental health authorities whenever the Oregon Health Authority determines that a regional approach will optimize the comprehensive local plan described under ORS 430.630 (Services to be provided by community mental health programs) (9).

(3) The enumeration of duties and functions in subsections (1) and (2) of this section shall not be deemed exclusive nor construed as a limitation on the powers and authority vested in the authority by other provisions of law. [1961 c.706 §38; 1973 c.639 §4; 1981 c.750 §7; 2001 c.325 §1; 2001 c.694 §1; 2001 c.899 §2; 2005 c.691 §3; 2007 c.70 §231; 2009 c.595 §511; 2009 c.828 §22; 2009 c.856 §25; 2011 c.720 §§177,178; 2013 c.640 §6]

Source: Section 430.640 — Duties of Oregon Health Authority in assisting and supervising community mental health programs; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.120 — OR Code / Title 35 / Chapter 426 / Section 426.120
426.120 Examination report
Status: in_force

(1) Examiners appointed under ORS 426.110 (Appointment of examiners) shall do all of the following:

(a) Examine the person as to mental condition.

(b) Initiate the examination process prior to the hearing. Any failure to comply with this paragraph shall not, in itself, constitute sufficient grounds to challenge the examination conducted by an examiner.

(c) Make their separate reports in writing, under oath, to the court.

(d) Upon completion of the hearing, file the reports with the clerk of the court.

(2) The following is a nonexclusive list of requirements relating to the content of examination reports prepared under subsection (1) of this section:

(a) If the examiners find, and show by their reports, that the person examined is a person with mental illness, the reports shall include a recommendation as to the type of treatment facility best calculated to help the person recover from mental illness.

(b) Each report shall also advise the court whether in the opinion of the examiner the person with mental illness would cooperate with and benefit from a program of voluntary treatment.

(c) Reports shall contain the information required by the Oregon Health Authority by rule. The authority shall adopt rules necessary to carry out this paragraph.

(3) The examiner shall be allowed access to licensed independent practitioners, nurses or social workers and to medical records compiled during the current involuntary prehearing period of detention and the investigation report. Records and communications described in this subsection and related communications are not privileged under ORS 40.230 (Rule 504. Psychotherapist-patient privilege) , 40.235 (Rule 504-1. Physician-patient privilege) , 40.240 (Rule 504-2. Nurse-patient privilege) or 40.250 (Rule 504-4. Regulated social worker-client privilege) . [Amended by 1973 c.838 §11; 1975 c.690 §7; 1987 c.903 §16; 1997 c.649 §3; 2009 c.595 §391; 2013 c.360 §26; 2015 c.461 §7]

Source: Section 426.120 — Examination report; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.756 — OR Code / Title 35 / Chapter 430 / Section 430.756
430.756 Immunity of employer reporting abuse by employee
Status: in_force

A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services or a law enforcement agency to have committed abuse under ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) , is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse. [2009 c.837 §19]

Note: 430.756 (Immunity of employer reporting abuse by employee) 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 430.756 — Immunity of employer reporting abuse by employee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.330 — OR Code / Title 35 / Chapter 427 / Section 427.330
427.330 Definitions for ORS 427.330 to 427.340
Status: in_force

As used in ORS 427.330 (Definitions for ORS 427.330 to 427.340) to 427.340 (Developmental Disabilities Community Housing Fund) :

(1) “Care provider” means an individual, family member or entity that provides care.

(2) “Community housing” includes:

(a) Real property, including but not limited to buildings, structures, improvements to real property and related equipment, that is used or could be used to house and provide care for individuals with intellectual disabilities or other developmental disabilities; and

(b) A single-family home or multiple-unit residential housing that an individual with an intellectual disability or other developmental disability shares with other inhabitants, including but not limited to family members, care providers or friends.

(3) “Construct” means to build, install, assemble, expand, alter, convert, replace or relocate. “Construct” includes to install equipment and to prepare a site.

(4) “Equipment” means furnishings, fixtures, appliances, special adaptive equipment or supplies that are used or could be used to provide care in community housing.

(5) “Family member” means an individual who is related by blood or marriage to an individual with an intellectual disability or other developmental disability.

(6) “Financial assistance” means a grant or loan to pay expenses incurred to provide community housing.

(7) “Housing provider” means an individual or entity that provides community housing. [1999 c.753 §2; 2001 c.900 §130; 2007 c.70 §221; 2011 c.658 §25; 2013 c.36 §13]

Source: Section 427.330 — Definitions for ORS 427.330 to 427.340 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.422 — OR Code / Title 35 / Chapter 430 / Section 430.422
430.422 Drug Prevention and Education Fund
Status: in_force

The Drug Prevention and Education Fund is established separate and distinct from the General Fund. The Drug Prevention and Education Fund consists of moneys deposited in the fund under ORS 131.597 (Disposition and distribution of forfeited property when seizing agency is the state) and 430.426 (Rules) , and other moneys as may be appropriated to the fund by law. The moneys in the Drug Prevention and Education Fund are continuously appropriated to the Oregon Health Authority for the purpose of assisting counties in paying the costs incurred by the counties in providing drug treatment services pursuant to plans submitted under ORS 430.420 (Integration of drug treatment services into criminal justice system) . [2005 c.830 §46; 2009 c.595 §496]

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

Source: Section 430.422 — Drug Prevention and Education Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.243 — OR Code / Title 35 / Chapter 430 / Section 430.243
430.243 Grants to coordinated care organizations authorized
Status: in_force

The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 (Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established) and the Oregon Health Authority may work together to include coordinated care organizations in the Improving People’s Access to Community-based Treatment, Supports and Services Program, as permitted by state and federal law, in a way that provides incentives for coordinated care organizations to provide comprehensive community supports and services, as defined in ORS 430.230 (Definitions) , to their members who have mental health or substance use disorders and be appropriately reimbursed for the costs of the supports and services. [2019 c.563 §9]

Note: 430.243 (Grants to coordinated care organizations authorized) 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 430.243 — Grants to coordinated care organizations authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.205 — OR Code / Title 35 / Chapter 430 / Section 430.205
430.205 Definitions for ORS 430.205 and 430.210
Status: in_force

As used in this section and ORS 430.210 (Rights of persons receiving mental health services) :

(1) “Facility” means any of the following that are licensed or certified by the Oregon Health Authority or that contract with the authority for the provision of services:

(a) A health care facility as defined in ORS 442.015 (Definitions) ;

(b) A domiciliary care facility as defined in ORS 443.205 (Definitions for ORS 443.215 and 443.225) ;

(c) A residential facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) ; or

(d) An adult foster home as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) .

(2) “Person” means an individual who has a mental illness and receives services from a program or facility.

(3) “Program” means:

(a) A community mental health program established under ORS 430.620 (Establishment of community mental health and developmental disabilities programs by one or more counties) ;

(b) A public or private entity contracting with the authority under ORS 430.021 (Functions of Department of Human Services and Oregon Health Authority) to provide services; or

(c) Any other provider that is paid directly or indirectly by the authority to provide services in the community.

(4) “Services” means mental health services described in ORS 430.630 (Services to be provided by community mental health programs) . [1993 c.96 §2; 2009 c.595 §470; 2011 c.720 §167; 2013 c.36 §26; 2019 c.236 §1]

Source: Section 430.205 — Definitions for ORS 430.205 and 430.210 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.506 — OR Code / Title 35 / Chapter 426 / Section 426.506
426.506 Community Mental Health Housing Fund
Status: in_force

(1) There is created in the State Treasury, separate and distinct from the General Fund, the Community Mental Health Housing Fund. All earnings on investments of moneys in the Community Mental Health Housing Fund shall accrue to the fund. Interest earned on moneys in the fund shall be credited to the fund. All moneys in the fund are continuously appropriated to the Oregon Health Authority to carry out the provisions of ORS 426.504 (Power of Oregon Health Authority to develop community housing for persons with chronic mental illness) .

(2) The Community Mental Health Housing Fund shall be administered by the authority to provide housing for persons with chronic mental illness. As used in this subsection, “housing” may include acquisition, maintenance, repair, furnishings and equipment.

(3) Intentionally left blank —Ed.

(a) There is established within the Community Mental Health Housing Fund a Community Housing Trust Account. With approval of the State Treasurer and upon request of the Director of the Oregon Health Authority, moneys in the account may be invested as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government) .

(b) Notwithstanding the provisions of ORS 270.150 (Proceeds of sale of real property) , the authority shall deposit into the Community Housing Trust Account the proceeds, less costs to the state, received by the authority from the sale of F. H. Dammasch State Hospital property under ORS 426.508 (Sale of F. H. Dammasch State Hospital) . The authority may expend, for the purposes set forth in ORS 426.504 (Power of Oregon Health Authority to develop community housing for persons with chronic mental illness) , any earnings credited to the account, including any interest earned on moneys deposited in the account, and up to five percent of the sale proceeds initially credited to the account by the Oregon Department of Administrative Services. At least 95 percent of the sale proceeds shall remain in the account in perpetuity. Proceeds deposited in the account may not be commingled with proceeds from the sale of any surplus real property owned, operated or controlled by the authority and used as a state training center.

(c) Interest earned on moneys in the Community Housing Trust Account may be expended in the following manner:

(A) Seventy percent of interest earned on deposits in the account shall be expended for community housing purposes; and

(B) Thirty percent of interest earned on deposits in the account shall be expended for institutional housing purposes.

(d) Interest earned on deposits in the Community Housing Trust Account shall not be used to support operating expenses of the authority.

(4) The Community Mental Health Housing Fund shall consist of:

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

(b) Sale proceeds and earnings from the account under subsection (3) of this section;

(c) Proceeds from the sale, transfer or lease of any surplus real property owned, operated or controlled by the authority and used as community housing;

(d) Moneys reallocated from other areas of the authority’s budget;

(e) Interest and earnings credited to the fund; and

(f) Gifts of money or other property from any source, to be used for the purposes of developing housing for persons with chronic mental illness.

(5) The authority shall adopt policies:

(a) To establish priorities for the use of moneys in the Community Mental Health Housing Fund for the sole purpose of developing housing for persons with chronic mental illness;

(b) To match public and private moneys available from other sources for developing housing for persons with chronic mental illness; and

(c) To administer the fund in a manner that will not exceed the State Treasury’s maximum cost per transaction.

(6) The authority shall collaborate with the Housing and Community Services Department to ensure the highest return and best value for community housing from the Community Mental Health Housing Fund.

(7) The authority shall provide a report of revenues to and expenditures from the Community Mental Health Housing Fund as part of its budget submission to the Governor and Legislative Assembly under ORS chapter 291. [1999 c.983 §4; 2001 c.954 §31; 2007 c.70 §212; 2007 c.217 §7; 2009 c.595 §431]

Source: Section 426.506 — Community Mental Health Housing Fund; Community Housing Trust Account; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.573 — OR Code / Title 35 / Chapter 430 / Section 430.573
430.573 Statewide capacity to provide opiate use disorder treatment
Status: in_force

(1) In developing the inventory required by ORS 430.572 (Internet access to providers of opiate use disorder treatment) , the Oregon Health Authority shall analyze the data to determine whether identifiable geographic regions have insufficient treatment options for, or capacity to treat individuals suffering from, opioid or opiate abuse or dependency.

(2) Not later than September 15 of each year, the authority shall report to the interim committees of the Legislative Assembly related to health care, in the manner provided by ORS 192.245 (Form of report to legislature) , on identifiable geographic regions that have insufficient treatment options for, or capacity to treat individuals suffering from, opioid or opiate abuse or dependency. [2017 c.683 §8]

Note: See note under 430.572 (Internet access to providers of opiate use disorder treatment) .

Source: Section 430.573 — Statewide capacity to provide opiate use disorder treatment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.200 — OR Code / Title 35 / Chapter 426 / Section 426.200
426.200 Duties following emergency admission
Status: in_force

Within 72 hours after admission under ORS 426.180 (Emergency commitment of individuals in Indian country) , the community mental health program director shall initiate an investigation in accordance with ORS 426.070 (Initiation) (3). [Amended by 1963 c.325 §2; 1975 c.690 §13; 1987 c.903 §22; 2012 c.25 §2]

Source: Section 426.200 — Duties following emergency admission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.280 — OR Code / Title 35 / Chapter 427 / Section 427.280
427.280 Treatment given after citation issued
Status: in_force

The community developmental disabilities program director or, if a person has been detained under ORS 427.255 (Detention prior to investigation or hearing) , the director of the facility retaining custody of a person alleged to be in need of commitment for residential care, treatment and training shall fully advise the court of all treatment known to have been administered to the person after a citation has been issued to the person. [1979 c.683 §22; 2009 c.595 §446; 2011 c.658 §19]

Source: Section 427.280 — Treatment given after citation issued; notice to court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.230 — OR Code / Title 35 / Chapter 430 / Section 430.230
430.230 Definitions
Status: in_force

As used in ORS 430.230 (Definitions) to 430.236 (Establishment of quality improvement subcommittee) :

(1) “Comprehensive community supports and services” includes:

(a) Community-based mental health or substance use disorder treatment programs;

(b) Community restoration services as defined in ORS 161.355 (Definitions) ;

(c) Evidence-based and tribal-based programs designed to reduce hospital and jail utilization by target populations; and

(d) Programs aimed at diverting individuals with nonperson criminal charges experiencing mental illness or substance use disorders from the criminal justice system.

(2) “County” includes a single county or a regional consortium of counties. [2019 c.563 §6; 2021 c.395 §13]

Note: 430.230 (Definitions) to 430.238 (State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population) 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 430.230 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.071 — OR Code / Title 35 / Chapter 430 / Section 430.071
430.071 Policies to support and promote independence and self-determination
Status: in_force

The Oregon Health Authority shall adopt policies that support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services. The policies shall be designed to remove barriers that:

(1) Segregate persons with disabilities from full participation in the community in the most integrated setting in accordance with the United States Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999); and

(2) Prevent persons with disabilities from enjoying a meaningful life, the benefits of community involvement and citizen rights guaranteed by law. [2007 c.805 §1; 2009 c.595 §462; 2022 c.5 §1]

Note: 430.071 (Policies to support and promote independence and self-determination) to 430.078 (Rules) 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 430.071 — Policies to support and promote independence and self-determination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.115 — OR Code / Title 35 / Chapter 427 / Section 427.115
427.115 Assessment of service needs and determination of service rate
Status: in_force

(1) The Department of Human Services or its designee shall assess the support needs for each individual with an intellectual or developmental disability who is receiving developmental disability services in a residential setting and shall determine a service rate that is sufficient to meet the support needs of the individual. If an assessment of support needs results in a change to the service rate being paid to the service provider, the department or the department’s designee shall provide to the individual and the individual’s service provider and case manager and, if appropriate, to the individual’s guardian, primary caregiver or family members, a detailed accounting of the service rate paid to the service provider and the factors and weighting of factors used to determine the service rate.

(2) The department or the department’s designee shall assess the support needs and determine the service rate, as described in subsection (1) of this section, no later than 90 days after the individual or the individual’s service provider, case manager, guardian, primary caregiver, family member or legal representative makes a request, based on significant changes to the individual’s support needs, for a new assessment of support needs and a redetermination of the service rate.

(3) The department shall adopt by rule the procedures and criteria for requesting and conducting an assessment of support needs and a determination of a service rate under this section, using an advisory committee appointed in accordance with ORS 183.333 (Policy statement) . The rules shall include a procedure for contesting the denial of a request for assessment of support needs and redetermination of a service rate or the failure of the department or the department’s designee to respond to a request for assessment and redetermination within a reasonable period of time, as prescribed by the department by rule. [2013 c.604 §2; 2019 c.276 §2]

Source: Section 427.115 — Assessment of service needs and determination of service rate; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.384 — OR Code / Title 35 / Chapter 430 / Section 430.384
430.384 Drug Treatment and Recovery Services Fund established
Status: in_force

(1) The Drug Treatment and Recovery Services Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Drug Treatment and Recovery Services Fund shall be credited to the fund.

(2) The Drug Treatment and Recovery Services Fund shall consist of:

(a) Moneys deposited into the fund pursuant to ORS 305.231 (Department of Revenue to transfer moneys to Drug Treatment and Recovery Services Fund) ;

(b) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;

(c) Moneys allocated from the Oregon Marijuana Account, pursuant to ORS 475C.726 (Oregon Marijuana Account) (3)(b);

(d) Moneys allocated from the Criminal Fine Account pursuant to ORS 137.300 (Criminal Fine Account) (4); and

(e) All other moneys deposited into the fund from any source.

(3) Moneys in the fund shall be continuously appropriated to the Oregon Health Authority for the purposes set forth 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) .

(4) Intentionally left blank —Ed.

(a) Pursuant to subsection (2)(b) of this section, the Legislative Assembly shall appropriate or transfer to the fund an amount sufficient to fully fund the grants program required by ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) .

(b) The total amount deposited and transferred into the fund shall not be less than $57 million for the first year ORS 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) are in effect.

(c) In each subsequent year, the minimum transfer amount set forth in paragraph (b) of this subsection shall be increased by not less than the sum of:

(A) $57 million multiplied by the percentage, if any, by which the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the prior calendar year exceeds the monthly index for the fourth quarter of the calendar year 2020; and

(B) The annual increase, if any, in moneys distributed pursuant to ORS 475C.726 (Oregon Marijuana Account) (3)(b). [2021 c.2 §5; 2021 c.591 §5; 2021 c.636 §2; 2023 c.248 §3]

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

Source: Section 430.384 — Drug Treatment and Recovery Services Fund established , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.746 — OR Code / Title 35 / Chapter 430 / Section 430.746
430.746 Training requirements for persons investigating reports of alleged abuse
Status: in_force

Any designee of the Department of Human Services who makes a determination or conducts an investigation under ORS 430.743 (Abuse report) or 430.745 (Investigation of abuse) shall receive training and consultation that is necessary to allow the designee to make the determination or conduct a thorough and unbiased investigation. The training required under this section shall address the cultural and social diversity of the people of this state. [2003 c.443 §3]

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

Source: Section 430.746 — Training requirements for persons investigating reports of alleged abuse , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 428.270 — OR Code / Title 35 / Chapter 428 / Section 428.270
428.270 Liability of persons for care and return of nonresident persons with mental illness
Status: in_force

(1) Any person, except an officer, agent or employee of a common carrier acting in the line of duty, who brings or in any way aids in bringing into this state any patient without the written authorization of the Department of Human Services or the Oregon Health Authority, shall be liable to this state for all expenses incurred in the care of such patient and in the transportation of such patient to the other state where the patient legally resides.

(2) Hospitals, other than state hospitals, that care for and treat persons with mental illness shall be responsible for the return of those persons to their places of residence or domicile outside the state if they are brought into this state for treatment and care and are discharged from such institutions without being fully recovered.

(3) Failure to comply with the provisions of subsection (2) of this section shall render the person operating the hospital liable to reimburse the state for all expenses incurred in the care, maintenance and return of the persons with mental illness to their places of residence or domicile outside the state. [1957 c.388 §11; 2007 c.70 §224; 2009 c.595 §454; 2013 c.36 §22]

Source: Section 428.270 — Liability of persons for care and return of nonresident persons with mental illness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 430.560 — OR Code / Title 35 / Chapter 430 / Section 430.560
430.560 Oregon Health Authority adoption of requirements for contracted drug treatment programs
Status: in_force

(1) The Oregon Health Authority shall adopt rules to establish requirements, in accordance with ORS 430.357 (Minimum standards) , for drug treatment programs that contract with the authority and that involve:

(a) Detoxification;

(b) Detoxification with acupuncture and counseling; and

(c) The supplying of synthetic opiates to such persons under close supervision and control. However, the supplying of synthetic opiates shall be used only when detoxification or detoxification with acupuncture and counseling has proven ineffective or upon a written request of a physician licensed by the Oregon Medical Board or a naturopathic physician licensed by the Oregon Board of Naturopathic Medicine showing medical need for synthetic opiates. A copy of the request must be included in the client’s permanent treatment and releasing authority records.

(2) Notwithstanding subsection (1) of this section, synthetic opiates may be made available to a pregnant woman with her informed consent without prior resort to the treatment programs described in subsection (1)(a) and (b) of this section. [Formerly 475.715; 1979 c.744 §29; 1991 c.574 §3; 2005 c.264 §22; 2009 c.595 §503; 2011 c.673 §35; 2017 c.356 §57; 2019 c.470 §3]

Source: Section 430.560 — Oregon Health Authority adoption of requirements for contracted drug treatment programs; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.075 — OR Code / Title 35 / Chapter 430 / Section 430.075
430.075 Consumer participation on task forces, commissions, advisory groups and committees
Status: in_force

(1) Subject to the limitations in subsection (2) of this section, at least 20 percent of the membership of all task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109 (“Public body” defined) , shall be consumers, with representation balanced by age.

(2) Subsection (1) of this section applies only to task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109 (“Public body” defined) , that:

(a) Primarily relate to persons with mental health or addiction issues; and

(b) Are subject to ORS 192.630 (Meetings of governing body to be open to public) . [2007 c.805 §3]

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

Source: Section 430.075 — Consumer participation on task forces, commissions, advisory groups and committees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.315 — OR Code / Title 35 / Chapter 430 / Section 430.315
430.315 Policy
Status: in_force

The Legislative Assembly finds alcoholism or drug dependence is an illness. The alcoholic or drug-dependent person is ill and should be afforded treatment for that illness. To the greatest extent possible, the least costly settings for treatment, outpatient services and residential facilities shall be widely available and utilized except when contraindicated because of individual health care needs. State agencies that purchase treatment for alcoholism or drug dependence shall develop criteria consistent with this policy in consultation with the Oregon Health Authority. In reviewing applications for certificate of need, the Director of the Oregon Health Authority shall take this policy into account. [1971 c.622 §1; 1973 c.795 §5; 1983 c.601 §3; 1987 c.660 §22; 2001 c.900 §137; 2009 c.595 §481]

Source: Section 430.315 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.739 — OR Code / Title 35 / Chapter 430 / Section 430.739
430.739 County multidisciplinary teams
Status: in_force

(1) The district attorney in each county shall be responsible for developing county multidisciplinary teams to consist of but not be limited to personnel from the community mental health program, the community developmental disabilities program, the Department of Human Services or a designee of the department, the Oregon Health Authority or a designee of the authority, the local area agency on aging, the district attorney’s office, law enforcement and an agency that advocates on behalf of individuals with disabilities, as well as others specially trained in the abuse of adults. A district attorney may delegate the responsibility to develop a county multidisciplinary team under this subsection to a designee or administrator who is or will be a member of the team pursuant to a written agreement.

(2) The teams shall develop a written protocol for immediate investigation of and notification procedures for cases of abuse of adults and for interviewing the victims. Each team also shall develop written agreements signed by member agencies that are represented on the team that specify:

(a) The role of each member agency;

(b) Procedures to be followed to assess risks to the adult;

(c) Guidelines for timely communication between member agencies; and

(d) Guidelines for completion of responsibilities by member agencies.

(3) Each team member shall have access to training in risk assessment, dynamics of abuse of adults and legally sound interview and investigatory techniques.

(4) All investigations of abuse of adults by the department or its designee or the authority or its designee and by law enforcement shall be carried out in a manner consistent with the protocols and procedures called for in this section.

(5) All information obtained by the team members in the exercise of their duties is confidential.

(6) Each team shall develop and implement procedures for evaluating and reporting compliance of member agencies with the protocols and procedures required under this section.

(7) Each team shall report to the Department of Justice and the Oregon Criminal Justice Commission, no later than July 1 of each year, the number of:

(a) Substantiated allegations of abuse of adults in the county for the preceding calendar year.

(b) Substantiated allegations of abuse referred to law enforcement because there was reasonable cause found that a crime had been committed.

(c) Allegations of abuse that were not investigated by law enforcement.

(d) Allegations of abuse that led to criminal charges.

(e) Allegations of abuse that led to prosecution.

(f) Allegations of abuse that led to conviction. [2009 c.837 §8; 2009 c.828 §83; 2013 c.352 §10]

Note: 430.739 (County multidisciplinary teams) 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 430.739 — County multidisciplinary teams; protocols; reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.235 — OR Code / Title 35 / Chapter 427 / Section 427.235
427.235 Notice to court of need for commitment
Status: in_force

(1) Any two persons may notify the court having probate jurisdiction for the county or the circuit court, if it is not the probate court but its jurisdiction has been extended to include commitment of a person with an intellectual disability under ORS 3.275 (Procedure for transfer of jurisdiction over certain family-related matters) , that a person within the county has an intellectual disability and is in need of commitment for residential care, treatment and training. Such notice shall be in writing and sworn to before an officer qualified to administer an oath and shall set forth the facts sufficient to show the need for investigation. The circuit court shall forward notice to the community developmental disabilities program director in the county if it finds the notice sufficient to show the need for investigation. The director or the designee of the director shall immediately investigate to determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training.

(2) Any person who acts in good faith shall not be held civilly liable for making of the notification under subsection (1) of this section.

(3) Any investigation conducted by the community developmental disabilities program director or the designee of the director under subsection (1) of this section shall commence with an interview or examination of the person alleged to have an intellectual disability, where possible, in the home of the person or other place familiar to the person. Further investigation if warranted shall include a diagnostic evaluation as described in ORS 427.105 (Diagnostic evaluations) and may also include interviews with the person’s relatives, neighbors, teachers and physician or naturopathic physician. The investigation shall also determine if any alternatives to commitment are available. The investigator shall also determine and recommend to the court whether the person is incapacitated and in need of a guardian or conservator.

(4) The investigation report shall be submitted to the court within 30 days of receipt of notice from the court. A copy of the investigation report and diagnostic evaluation, if any, shall also be made available to the Department of Human Services and to the person alleged to have an intellectual disability and, if the person is incapacitated, to the guardian of the person as soon as possible after its completion but in any case prior to a hearing held under ORS 427.245 (Hearing) .

(5) Any person conducting an evaluation or investigation under this section shall in no way be held civilly liable for conducting the investigation or performing the diagnostic evaluation.

(6) If requested by a person conducting an investigation under this section, a physician or naturopathic physician who has examined the person alleged to have an intellectual disability may, with patient authorization or in response to a court order, provide any relevant information the physician or naturopathic physician has regarding the person alleged to have an intellectual disability. [1979 c.683 §17; 2003 c.89 §4; 2009 c.595 §442; 2011 c.658 §13; 2013 c.36 §8; 2017 c.356 §50; 2023 c.339 §4]

Source: Section 427.235 — Notice to court of need for commitment; investigation; report and recommendation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.460 — OR Code / Title 35 / Chapter 430 / Section 430.460
430.460 Consent to evaluation
Status: in_force

Upon obtaining the written consent of the arrested person, the officer or person making the arrest shall request an approved site to conduct an evaluation to determine whether the arrested person is drug dependent. Refusal of the arrested person to consent to the evaluation is not admissible in evidence upon the trial of the arrested person. [1977 c.871 §8]

Source: Section 430.460 — Consent to evaluation; effect of refusal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.415 — OR Code / Title 35 / Chapter 430 / Section 430.415
430.415 Drug dependence as illness
Status: in_force

The Legislative Assembly finds drug dependence is an illness. The drug-dependent person is ill and shall be afforded treatment for the illness of the drug-dependent person. [1973 c.697 §2]

Source: Section 430.415 — Drug dependence as illness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.195 — OR Code / Title 35 / Chapter 430 / Section 430.195
430.195 Receipt of funds for client use
Status: in_force

(1) The Department of Human Services may receive funds that are the property of the department’s clients or are contributed for the use of the department’s clients. The department shall deposit such funds in trust accounts established under ORS 293.445 (Definition for ORS 293.445 to 293.460) . Interest earned by a trust account shall be credited to the account.

(2) The Oregon Health Authority may receive funds that are the property of the authority’s clients or are contributed for the use of the authority’s clients. The authority shall deposit such funds in trust accounts established under ORS 293.445 (Definition for ORS 293.445 to 293.460) . Interest earned by a trust account shall be credited to the account.

(3) Disbursements from a trust account shall be made for purposes for which the contributions or payments were made to the department or the authority. When such purposes include the care or maintenance of a client, the department or the authority may draw reimbursements from the account to pay for care and services provided to the client.

(4) The department or the authority may by interagency agreement authorize another state agency to exercise the authority granted under this section. Any system of accounts used for purposes of this subsection shall provide detailed accountability for each receipt and disbursement of funds for each client. The department and the authority shall remain accountable for the proper handling of the trust accounts authorized by this section. [1999 c.829 §7; 2009 c.595 §469]

Note: 430.195 (Receipt of funds for client use) 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 430.195 — Receipt of funds for client use; disbursements from trust accounts; authority of other agencies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.648 — OR Code / Title 35 / Chapter 430 / Section 430.648
430.648 Funding distribution formula
Status: in_force

(1) Within the limits of state funds, community mental health program services shall be funded as follows:

(a) Services defined in ORS 430.630 (Services to be provided by community mental health programs) (1) and (2) shall be funded up to 100 percent with state funds.

(b) State funds available for payments to community mental health programs for services under ORS 430.630 (Services to be provided by community mental health programs) (3) shall be paid by the Oregon Health Authority to the programs under the priorities set forth in ORS 430.646 (Priorities for services for persons with mental or emotional disturbances) .

(2) If a group of counties acts jointly to operate a community mental health program or community developmental disabilities program, state funds shall be allocated, and the counties’ contributions shall be prorated, in accordance with the agreement establishing the program.

(3) The counties or other entities operating community mental health programs or community developmental disabilities programs shall not be required to match funds granted under subsections (1) and (2) of this section. However, the Department of Human Services or the Oregon Health Authority may require matching funds if they are required as a condition of receipt of federal funds and the county or entity agrees to match funds.

(4) A reasonable portion of state funds granted under subsection (1)(b) of this section may be expended by community mental health programs and their subcontractors for expenses incurred in administering services. [Formerly 430.690]

Source: Section 430.648 — Funding distribution formula; matching funds; administrative expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.220 — OR Code / Title 35 / Chapter 426 / Section 426.220
426.220 Voluntary admission
Status: in_force

(1) Pursuant to rules and regulations 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 who may have a nervous disorder or a mental illness, and 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. Except when a period of longer hospitalization has been imposed as a condition of admission, 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 a 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 hospital pursuant to this section may upon application and notice to the superintendent of the hospital concerned, be granted a temporary leave of absence from the hospital if such leave, in the opinion of the superintendent, will not interfere with the successful treatment or examination of the applicant for leave.

(3) Upon admission or discharge of a minor to or from a state hospital the superintendent shall immediately notify the parent or guardian. [Amended by 1953 c.127 §2; 1963 c.325 §3; 1967 c.371 §1; 1969 c.273 §1; 2007 c.70 §205; 2009 c.595 §399]

Source: Section 426.220 — Voluntary admission; leave of absence; notice to parent or guardian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 428.330 — OR Code / Title 35 / Chapter 428 / Section 428.330
428.330 Dealing with state not party to compact
Status: in_force

(1) The Department of Human Services or the Oregon Health Authority may comply with the terms of the Interstate Compact on Mental Health in dealing with a state which is not a party of the interstate compact.

(2) When the department or the authority acts under subsection (1) of this section, the term “party state,” as used in the Interstate Compact on Mental Health, includes states which are not parties of the interstate compact. [1975 c.155 §3; 2009 c.595 §457]

Source: Section 428.330 — Dealing with state not party to compact , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 430.475 — OR Code / Title 35 / Chapter 430 / Section 430.475
430.475 Evaluation results as evidence
Status: in_force

(1) The results of the evaluation of an arrested person suspected of being drug dependent shall be made available to the prosecuting and defense attorneys and the presiding judge for the judicial district, but shall not be entered into evidence in any subsequent trial of the accused except upon written consent of the accused or upon a finding by the court that the relevance of the results outweighs their prejudicial effect.

(2) Except as provided in subsection (1) of this section, results of evaluation or information voluntarily provided to evaluation or treatment personnel by a person 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 be confidential and shall not be admitted as evidence in criminal proceedings. Reports submitted to the court or the prosecutor by the diversion coordinator shall consist solely of matters required to be reported by the terms of the diversion plan, together with an assessment of the person’s progress toward achieving the goals set forth in the plan. Communications between the person participating in the plan and the diversion coordinator shall be privileged unless they relate directly to the elements required to be reported under the diversion plan. [1977 c.871 §§11,27; 1995 c.781 §45]

Source: Section 430.475 — Evaluation results as evidence; admissibility at subsequent trial; privileged communication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.555 — OR Code / Title 35 / Chapter 430 / Section 430.555
430.555 Liability for violation of civil rights or injuries to participant
Status: in_force

Liability for violation of civil rights 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) or injuries to a person participating in a diversion program or caused by a person in a diversion program 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, except in the case of gross negligence, be borne by the county making the arrest and the state in equal shares, and shall not extend to persons administering the provisions of ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant) . [1977 c.871 §23]

Source: Section 430.555 — Liability for violation of civil rights or injuries to participant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.717 — OR Code / Title 35 / Chapter 430 / Section 430.717
430.717 Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents
Status: repealed

(a) “Children and adolescents” means individuals 20 years old and younger.

(b) “Coordinated care organization” has the meaning given that term in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) .

(c) “Insurer” means an insurer, as defined in ORS 731.106 (“Insurer.”) , that has a certificate of insurance to transact health insurance in this state, other than disability insurance.

(d) “Intensive behavioral health treatment provider” means any provider licensed in this state to provide intensive psychiatric treatment, acute inpatient treatment or residential substance use disorder treatment of children and adolescents.

(2) Intensive behavioral health treatment providers, coordinated care organizations and insurers shall collect and provide data to the Oregon Health Authority, or to a third party vendor that contracts with the authority, in the manner prescribed by the authority on the demand for and capacity to provide treatment of children and adolescents presenting with high acuity behavioral health needs. Intensive behavioral health treatment providers shall submit:

(a) Data on bed capacity;

(b) Referrals received, by provider; and

(c) Other information prescribed by the authority.

(3) The authority may provide funding to intensive behavioral health treatment providers to collect and provide the data described in subsection (2) of this section.

(4) The authority shall use the data described in subsection (2) of this section to:

(a) Monitor and track the capacity of intensive behavioral health treatment providers to provide treatment of children and adolescents presenting with high acuity behavioral health needs;

(b) Identify gaps in data that prevent the tracking of intensive behavioral health service capacity and develop a plan for addressing the gaps that includes providing assistance to providers and modifying required data elements that must be reported;

(c) Develop benchmarks and performance measures for intensive behavioral health treatment capacity; and

(d) Conduct research and evaluation of the children’s and adolescents’ continuum of care.

(5) The authority shall share data and coordinate processes with the Department of Human Services to populate the Children’s System Data Dashboard described in ORS 418.981 (Children’s System Data Dashboard) .

(6) The authority shall adopt rules to carry out the provisions of this section, including rules establishing:

(a) Parameters and specifications for data collection;

(b) Processes for intensive behavioral health treatment providers to submit data for the establishment of a centralized, real-time provider directory, bed registry and access portal;

(c) Requirements for the frequency of data submissions;

(d) Requirements for coordinated care organizations and insurers to collect and report, for members and insureds treated by intensive behavioral health treatment providers, data not submitted by providers under this section;

(e) A process for monitoring and documenting the need for high acuity behavioral health services for children and adolescents;

(f) The authority’s responsibilities for reporting data back to providers; and

(g) Measures to ensure compliance with data collection standards established under section 40, chapter 12, Oregon Laws 2020 (first special session).

(7) The authority shall contract with an Oregon-based nonprofit organization with the expertise to operate a call center dedicated to tracking and providing information about available placement settings for children and adolescents needing high acuity behavioral health services.

(8) The call center shall also be responsible for:

(a) Implementing processes for service providers to submit data that can be used to assess and monitor, on a daily basis, statewide capacity to provide high acuity behavioral health services to children and adolescents;

(b) Recording the time from the first contact with the call center to the location of an appropriate placement; and

(c) Documenting the need for high acuity behavioral health services for children and adolescents. [2017 c.695 §1; 2021 c.667 §13]

Note: 430.717 (Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents) 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 40, chapter 12, Oregon Laws 2020 (first special session), was repealed by section 6, chapter 549, Oregon Laws 2021. The text of 430.717 (Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents) was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 430.717 (Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents) for the repeal of section 40, chapter 12, Oregon Laws 2020 (first special session), has not been made.

Source: Section 430.717 — Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents; call center for identifying and tracking placement settings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.390 — OR Code / Title 35 / Chapter 430 / Section 430.390
430.390 Administration of grants
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Oregon Health Authority shall adopt rules that establish a grant application process, a process to appeal the denial of a grant and general criteria and requirements for the Behavioral Health Resource Networks and the grants and funding required by 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 rules requiring recipients of grants and funding to collect and report information necessary for the Secretary of State to conduct the financial and performance audits required by ORS 430.392 (Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund) .

(b) When adopting or amending rules under this subsection, the authority shall convene an advisory committee in accordance with ORS 183.333 (Policy statement) in which members of the Oversight and Accountability Council compose a majority of the membership.

(2) The council shall have and retain the authority to oversee the Behavioral Health Resource Networks established 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 approve the 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) .

(3) The authority shall administer and provide all necessary support to ensure the implementation of ORS 430.383 (Findings and policy) to 430.390 (Administration of grants) and 430.394 (Education campaign) , and that recipients of grants or funding comply with all applicable rules regulating the provision of behavioral health services.

(4) Intentionally left blank —Ed.

(a) The authority, in consultation with the council, may enter into interagency agreements to ensure proper distribution of funds for the grants required by ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) .

(b) The authority shall encourage and take all reasonable measures to ensure that grant recipients cooperate, coordinate and act jointly with one another to offer the services described in ORS 430.389 (Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services) .

(c) The authority shall post to the authority’s website, at the time a grant or funding is awarded:

(A) The name of the recipient of the grant or funding;

(B) The names of any subgrantees or subcontractors of the recipient of the grant or funding; and

(C) The amount of the grant or funding awarded.

(5) The authority shall provide requested technical, logistical and other support to the council to assist the council with the council’s duties and obligations.

(6) The Department of Justice shall provide legal services to the council if requested to assist the council in carrying out the council’s duties and obligations. [2021 c.2 §4; 2021 c.10 §18; 2021 c.591 §4; 2023 c.248 §8]

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

Source: Section 430.390 — Administration of grants; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.210 — OR Code / Title 35 / Chapter 426 / Section 426.210
426.210 Limit of detention after commitment in emergency proceedings
Status: in_force

An individual admitted to a hospital or nonhospital facility pursuant to the emergency proceedings under ORS 426.180 (Emergency commitment of individuals in Indian country) and 426.200 (Duties following emergency admission) may not be detained there for more than five judicial days following admission. The court, for good cause, may allow a postponement and detention during a postponement as provided under ORS 426.095 (Commitment hearing) . [Amended by 1987 c.903 §23; 2012 c.25 §3]

Source: Section 426.210 — Limit of detention after commitment in emergency proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.364 — OR Code / Title 35 / Chapter 430 / Section 430.364
430.364 Consideration given requests for priority
Status: in_force

Within the limits of available funds, in giving priority consideration under ORS 430.359 (Funding of services) (2), the Oregon Health Authority shall:

(1) Identify all applications containing funding proposals for minority programs and assess the extent to which such funding proposals address the needs of minorities as stated in ORS 430.362 (Application requirements for priority consideration) , adjusting such amounts as it deems justified on the basis of the facts presented for its consideration and such additional information as may be necessary to determine an appropriate level of funding for such programs, and award such funds to those applicants for the purposes stated in the application; and

(2) After making a determination of the appropriate level of funding minority programs under subsection (1) of this section, assess the remaining portions of all applications containing minority program funding proposals together with applications which do not contain funding proposals for minority programs on the basis of the remaining community need determined by the local planning committee for alcohol and drug prevention and treatment services under ORS 430.342 (Local planning committees) , adjusting such amounts as it deems justified on the basis of the facts presented for its consideration and such additional information as may be necessary to determine an appropriate level of funding such programs, and award such funds to those applicants. [1977 c.856 §11; 2009 c.595 §488; 2011 c.673 §25]

Source: Section 430.364 — Consideration given requests for priority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.628 — OR Code / Title 35 / Chapter 430 / Section 430.628
430.628 City and community mental health program provision of crisis stabilization services
Status: in_force

(1) In consultation with local community mental health programs, the Oregon Health Authority shall, to the extent funding is available, require each community mental health program to provide crisis stabilization services to individuals contacting the 9-8-8 suicide prevention and behavioral health crisis hotline who need crisis stabilization services in the community by enhancing and expanding the use of mobile crisis intervention teams.

(2) A city may request funding from a county to establish and maintain one or more mobile crisis intervention teams.

(3) Mobile crisis intervention teams must operate in compliance with rules adopted by the authority.

(4) A city that establishes and maintains a program for providing mobile crisis intervention services shall administer the program in accordance with a memorandum of understanding entered into between the city and the county or counties in which the city is located. A memorandum of understanding under this subsection must, at a minimum:

(a) Specify jurisdictional requirements for determining which entity will provide crisis response services in any given circumstance;

(b) Provide that the city shall comply with rules established by the Oregon Health Authority for provision of crisis intervention services; and

(c) Address the funding responsibilities of community mental health providers for crisis intervention services. [2021 c.617 §3; 2023 c.251 §4]

Note: See note under 430.626 (Definitions) .

Source: Section 430.628 — City and community mental health program provision of crisis stabilization services; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.381 — OR Code / Title 35 / Chapter 430 / Section 430.381
430.381 Construction
Status: repealed

Nothing in ORS 430.347 (Definitions for ORS 430.345 to 430.380) , 430.359 (Funding of services) , 430.380 (Mental Health Alcoholism and Drug Services Account) , 471.805 (Disposition of moneys) , 471.810 (Distribution of available moneys in Oregon Liquor and Cannabis Commission Account) , 473.030 (Tax on wines and malt beverages) or this section shall be construed as justification for a reduction in General Fund support of local alcohol and drug abuse prevention, early intervention and treatment services. [Formerly 430.385]

(Temporary provisions relating to Opioid Settlement Prevention, Treatment and Recovery Fund)

Note: Sections 4 to 8, chapter 63, Oregon Laws 2022, provide:

Sec. 4. Definitions. As used in sections 4 to 6 of this 2022 Act:

(1) “Distributor Settlement Agreement” means the settlement agreement between the State of Oregon and participating subdivisions and McKesson, Cardinal and AmerisourceBergen dated as of July 21, 2021, and any revision thereto.

(2) “Janssen Settlement Agreement” means the settlement agreement between the State of Oregon and participating subdivisions and Johnson & Johnson, Janssen Pharmaceuticals, Incorporated, and Ortho-McNeil-Janssen Pharmaceuticals, Incorporated, dated as of July 21, 2021, and any revision thereto.

(3) “Participating subdivisions” means cities and counties in this state with populations of at least 10,000 residents. [2022 c.63 §4]

Sec. 5. Opioid Settlement Prevention, Treatment and Recovery Fund. (1) The Opioid Settlement Prevention, Treatment and Recovery Fund is established in the State Treasury, separate and distinct from the General Fund, consisting of moneys, other than attorney fees and costs, paid to the state pursuant to:

(a) The Distributor Settlement Agreement;

(b) The Janssen Settlement Agreement; and

(c) Judgments or settlements identified by the Attorney General as arising from the liability of distributors of opioids, manufacturers of opioids, pharmacies for the selling of opioids or the consultants, agents or associates of distributors, manufacturers or pharmacies.

(2) Moneys in the Opioid Settlement Prevention, Treatment and Recovery Fund are continuously appropriated to the Oregon Health Authority for the purpose of administering the Opioid Settlement Prevention, Treatment and Recovery Board and for the allocation of moneys as directed by the board in accordance with section 6 of this 2022 Act. [2022 c.63 §5]

Sec. 6. Opioid Settlement Prevention, Treatment and Recovery Board. (1) The Opioid Settlement Prevention, Treatment and Recovery Board is created in the Oregon Health Authority for the purpose of determining the allocation of funding from the Opioid Settlement Prevention, Treatment and Recovery Fund established in section 5 of this 2022 Act. The board consists of:

(a) The following members appointed by the Governor:

(A) A policy advisor to the Governor;

(B) A representative of the Department of Justice;

(C) A representative of the Oregon Health Authority; and

(D) A representative of the Department of Human Services;

(b) The Director of the Alcohol and Drug Policy Commission or the director’s designee;

(c) The chairperson of the Oversight and Accountability Council established in ORS 430.388 (Oversight and Accountability Council) or the chairperson’s designee;

(d) The following members appointed by the Governor from a list of candidates provided by the Association of Oregon Counties and the League of Oregon Cities or the successor organizations to the Association of Oregon Counties and the League of Oregon Cities:

(A) An individual representing Clackamas, Washington or Multnomah County;

(B) An individual representing Clatsop, Columbia, Coos, Curry, Jackson, Josephine, Lane or Yamhill County;

(C) An individual representing the City of Portland;

(D) An individual representing a city with a population above 10,000 residents as of July 21, 2021;

(E) An individual representing a city with a population at or below 10,000 residents as of July 21, 2021; and

(F) A representative of the Oregon Coalition of Local Health Officials or its successor organization;

(e) The following members appointed by the Governor from a list of candidates provided by the members described in paragraphs (a) to (d) of this subsection:

(A) A representative of a community mental health program;

(B) An individual who has experienced a substance use disorder or a representative of an organization that advocates on behalf of individuals with substance use disorders; and

(C) An individual representing law enforcement, first responders or jail commanders or wardens;

(f) A member of the House of Representatives appointed by the Speaker of the House of Representatives, who shall be a nonvoting member of the board;

(g) A member of the Senate appointed by the President of the Senate, who shall be a nonvoting member of the board; and

(h) The State Court Administrator or the administrator’s designee, who shall be a nonvoting member of the board.

(2) The Governor shall select from the members described in subsection (1)(a), (b) and (c) of this section one cochairperson to represent state entities, and the members described in subsection (1)(d) of this section shall select from one of their members a cochairperson to represent cities or counties.

(3) The term of each member of the board who is not an ex officio member is four years, but a member serves at the pleasure of the appointing authority. Before the expiration of a member’s term, the appointing authority shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

(4) Decision-making by the board shall be based on consensus and supported by at least a majority of the members. The board shall document all objections to board decisions.

(5) The board shall conduct at least four public meetings in accordance with ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.690 (Exceptions to ORS 192.610 to 192.705) [series became 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) ], which shall be publicized to facilitate attendance at the meetings and during which the board shall receive testimony and input from the community. The board shall also establish a process for the public to provide written comments and proposals at each meeting of the board.

(6) In determining the allocation of moneys from the Opioid Settlement Prevention, Treatment and Recovery Fund:

(a) No more than five percent of the moneys may be spent on administering the board and the fund.

(b) A portion of the moneys shall be allocated toward a unified and evidence-based state system for collecting, analyzing and publishing data about the availability and efficacy of substance use prevention, treatment and recovery services statewide.

(c) Moneys remaining after allocations in accordance with paragraphs (a) and (b) of this subsection shall be allocated for funding statewide and regional programs identified in the Distributor Settlement Agreement, the Janssen Settlement Agreement and any other judgment or settlement described in section 5 (1)(c) of this 2022 Act, including but not limited to:

(A) Programs that use evidence-based or evidence-informed strategies to treat opioid use disorders and any co-occurring substance use disorders or mental health conditions;

(B) Programs that use evidence-based or evidence-informed strategies to support individuals in recovery from opioid use disorders and any co-occurring substance use disorders or mental health conditions;

(C) Programs that use evidence-based or evidence-informed strategies to provide connections to care for individuals who have or are at risk of developing opioid use disorders and any co-occurring substance use disorders or mental health conditions;

(D) Programs that use evidence-based or evidence-informed strategies to address the needs of individuals with opioid use disorders and any co-occurring substance use disorders or mental health conditions and who are involved in, at risk of becoming involved in, or in transition from, the criminal justice system;

(E) Programs that use evidence-based or evidence-informed strategies to address the needs of pregnant or parenting women with opioid use disorders and any co-occurring substance use disorders or mental health conditions, and the needs of their families, including babies with neonatal abstinence syndrome;

(F) Programs that use evidence-based or evidence-informed strategies to support efforts to prevent over-prescribing of opioids and ensure appropriate prescribing and dispensing of opioids;

(G) Programs that use evidence-based or evidence-informed strategies to support efforts to discourage or prevent misuse of opioids;

(H) Programs that use evidence-based or evidence-informed strategies to support efforts to prevent or reduce overdose deaths or other opioid-related harms;

(I) Programs to educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with users of fentanyl or other opioids;

(J) Programs to provide wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events;

(K) Programs to support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs or strategies; or

(L) Funding to support opioid abatement research.

(d) The board shall be guided and informed by:

(A) The comprehensive addiction, prevention, treatment and recovery plan developed by the Alcohol and Drug Policy Commission in accordance with ORS 430.223 (Comprehensive addiction, prevention, treatment and recovery plan) ;

(B) The board’s ongoing evaluation of the efficacy of the funding allocations;

(C) Evidence-based and evidence-informed strategies and best practices;

(D) Input the board receives from the public;

(E) Equity considerations for underserved populations; and

(F) The terms of the settlement agreements.

(7) The Oregon Health Authority shall provide staff support to the board. [2022 c.63 §6]

Sec. 7. Terms of office. Notwithstanding the term of office specified by section 6 of this 2022 Act, of the members first appointed by the Governor to the Opioid Settlement Prevention, Treatment and Recovery Board:

(1) Four shall serve for terms ending January 2, 2024;

(2) Four shall serve for terms ending January 2, 2025; and

(3) Five shall serve for terms ending January 2, 2026. [2022 c.63 §7]

Sec. 8. Sunset. Sections 4 to 7 of this 2022 Act are repealed on January 2, 2040. [2022 c.63 §8]

Source: Section 430.381 — Construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.347 — OR Code / Title 35 / Chapter 430 / Section 430.347
430.347 Definitions for ORS 430.345 to 430.380
Status: in_force

As used in 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) :

(1) “Applicant” means a county or combination of counties.

(2) “Minorities” means persons who are:

(a) Black Americans or persons having origins in any of the black racial groups of Africa.

(b) Hispanic Americans or persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.

(c) Native Americans or persons who are American Indian, Eskimo, Aleut or Native Hawaiian.

(d) Asian-Pacific Americans or persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific or the Northern Marianas.

(e) Asian-Indian Americans or persons whose origins are from India, Pakistan or Bangladesh.

(3) “Minority program” is a treatment and rehabilitation program that provides services primarily to minorities and that is intended to present treatment and rehabilitation opportunities designed to meet the particular needs of minorities, whether by its geographic location, methods of treatment or other factors. [1975 c.424 §7; 1977 c.856 §5; 1987 c.53 §2; 1987 c.167 §1]

Source: Section 430.347 — Definitions for ORS 430.345 to 430.380 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.140 — OR Code / Title 35 / Chapter 430 / Section 430.140
430.140 Federal grants for promoting mental health
Status: in_force

(1) The Oregon Health Authority is designated as the state agency to apply to and receive from the federal government or any agency thereof such grants for promoting mental health, including grants for mental hygiene programs, as may be available to this state or any of its political subdivisions or agencies.

(2) For the purposes of subsection (1) of this section, the authority shall:

(a) Disburse or supervise the disbursement of all funds made available at any time by the federal government or this state for those purposes, except the funds made available by the state for the care of dependent or delinquent children in public or private institutions.

(b) Adopt, carry out and administer plans for those purposes. Plans so adopted shall be made statewide in application insofar as reasonably feasible, possible or permissible, and shall be so devised as to meet the approval of the federal government or any of its agencies, not inconsistent with the laws of the state. [1961 c.706 §15; 2009 c.595 §465]

Source: Section 430.140 — Federal grants for promoting mental health , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.632 — OR Code / Title 35 / Chapter 430 / Section 430.632
430.632 Report on implementation of comprehensive local plan for delivery of mental health services
Status: in_force

The Oregon Health Authority may require a local mental health authority to periodically report to the Oregon Health Authority on the implementation of the comprehensive local plan adopted under ORS 430.630 (Services to be provided by community mental health programs) (9). [2001 c.899 §5; 2009 c.595 §509; 2009 c.856 §24; 2011 c.720 §§175,176; 2013 c.640 §5]

Note: 430.632 (Report on implementation of comprehensive local plan for delivery of mental health 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 430.632 — Report on implementation of comprehensive local plan for delivery of mental health services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.426 — OR Code / Title 35 / Chapter 430 / Section 430.426
430.426 Rules
Status: in_force

(1) The Oregon Health Authority shall adopt rules necessary to carry out the provisions of ORS 430.420 (Integration of drug treatment services into criminal justice system) to 430.426 (Rules) .

(2) The authority may accept gifts, grants and donations from any source, public or private. Moneys accepted under this section must be deposited in the Drug Prevention and Education Fund to be used for the purposes for which the fund is established. [2005 c.830 §45; 2009 c.595 §498]

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

Source: Section 430.426 — Rules; acceptance of gifts, grants and donations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.480 — OR Code / Title 35 / Chapter 430 / Section 430.480
430.480 Effect of ORS 430.450 to 430.555 on other evidence
Status: in_force

Nothing 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) is intended to limit the introduction of other evidence bearing upon the question of whether or not a person is using or is under the influence of cannabis or controlled substances. [1977 c.871 §12; 1979 c.744 §27; 2017 c.21 §61]

Source: Section 430.480 — Effect of ORS 430.450 to 430.555 on other evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.368 — OR Code / Title 35 / Chapter 430 / Section 430.368
430.368 Appeal and review of funding requests
Status: in_force

(1) Any alcohol and drug abuse prevention, early intervention and treatment service, including but not limited to minority programs, aggrieved by any final action of an applicant with regard to requesting funding for the program from the Oregon Health Authority, may appeal the applicant’s action to the Director of the Oregon Health Authority within 30 days of the action. For the purposes of this section “final action” means the submission of the applicant’s compiled funding requests to the authority. The director shall review all appealed actions for compliance with the purposes and requirements of ORS 430.338 (Purposes of laws related to alcoholism) to 430.380 (Mental Health Alcoholism and Drug Services Account) .

(2) The director shall act on all appeals within 60 days of filing, or before the time of the authority’s decision on the applicant’s funding request, whichever is less. The director is not required to follow procedures for hearing a contested case, but shall set forth written findings justifying the action. The decision of the director shall be final, and shall not be subject to judicial review. [1977 c.856 §13; 1983 c.740 §15; 1987 c.53 §9; 2003 c.14 §239; 2009 c.595 §490; 2009 c.856 §§12,21; 2011 c.673 §27]

Source: Section 430.368 — Appeal and review of funding requests; conclusiveness of review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.500 — OR Code / Title 35 / Chapter 426 / Section 426.500
426.500 Powers and duties of Oregon Health Authority
Status: in_force

For the purpose of carrying out the policy and intent of ORS 426.490 (Policy) to 426.500 (Powers and duties of Oregon Health Authority) , the Oregon Health Authority shall:

(1) Adopt rules for the administration of ORS 426.490 (Policy) to 426.500 (Powers and duties of Oregon Health Authority) ;

(2) Prepare a written discharge plan for each person with a chronic mental illness who is a patient at a state hospital or who is committed to the authority pursuant to ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.223 (Retaking persons in custody of or committed to Oregon Health Authority) and 426.241 (Payment of care, custody and treatment costs) to 426.380 (Availability of writ of habeas corpus) ;

(3) Ensure that case managers are provided for each person with a chronic mental illness described in subsection (2) of this section; and

(4) Disburse from any available funds:

(a) Funds for one LINC model in the area served by F. H. Dammasch State Hospital and one LINC model in the area served by the Oregon State Hospital licensed under ORS 443.415 (License applications) ;

(b) Discretionary funds for services necessary to implement a discharge plan, including but not limited to transportation, medication, recreation and socialization; and

(c) Funds to provide day treatment services, community psychiatric inpatient services, and work activity services for persons with chronic mental illness when needed. [1979 c.784 §3; 1999 c.59 §121; 2007 c.70 §209; 2009 c.595 §428; 2013 c.360 §67]

Note: See note under 426.490 (Policy) .

Source: Section 426.500 — Powers and duties of Oregon Health Authority; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.021 — OR Code / Title 35 / Chapter 427 / Section 427.021
427.021 Application fees for providers of residential care to individuals with intellectual or developmental disabilities
Status: in_force

(1) The Department of Human Services shall establish application fees for initial and renewal license, certification and endorsement applications submitted by:

(a) Residential training homes and residential training facilities, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , for licenses under ORS 443.410 (Single license required) .

(b) Adult foster homes, as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) , that provide residential care to adults with intellectual or developmental disabilities, for licenses under ORS 443.735 (Issuance of license) .

(c) Facilities or other 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) Intentionally left blank —Ed.

(a) Fees collected under subsection (1)(a) and (c) of this section shall be deposited in the Department of Human Services Account established in ORS 409.060 (Department of Human Services Account) to be used for the licensing and certification of entities described in subsection (1) of this section.

(b) Fees collected under subsection (1)(b) of this section shall be deposited to the Quality Care Fund established in ORS 443.001 (Quality Care Fund) .

(3) The department shall prescribe by rule criteria for the waiver or reduction of any fee under this section when appropriate without compromising the quality of care provided or the safety of the recipients of the residential care or developmental disability services.

(4) No less frequently than every five years, the department shall review fees established under this section and make adjustments if necessary. [2023 c.206 §2]

Source: Section 427.021 — Application fees for providers of residential care to individuals with intellectual or developmental disabilities; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 427.107 — OR Code / Title 35 / Chapter 427 / Section 427.107
427.107 Rights of persons receiving developmental disability services
Status: in_force

(1) As used in this section:

(a) “Facility” means any of the following that are licensed or certified by the Department of Human Services or that contract with the department for the provision of services:

(A) A health care facility as defined in ORS 442.015 (Definitions) ;

(B) A domiciliary care facility as defined in ORS 443.205 (Definitions for ORS 443.215 and 443.225) ;

(C) A residential facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) ; or

(D) An adult foster home as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) .

(b) “Person” means an individual who has an intellectual or developmental disability as defined in ORS 427.005 (Definitions) and receives services from a program or facility.

(c) “Program” means a community developmental disabilities program as described in ORS 430.662 (Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services) and agencies with which the department or the program contracts to provide services.

(d) “Service” means a community-based service described in ORS 427.007 (Policy) .

(2) While receiving developmental disability services, every person shall have the right to:

(a) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation.

(b) Be free from seclusion or personal, chemical or mechanical restraints unless an imminent risk of physical harm to the person or others exists and only for as long as the imminent risk continues.

(c) Not receive services without informed voluntary written consent except in a medical emergency or as otherwise permitted by law.

(d) Not participate in experimentation without informed voluntary written consent.

(e) A humane environment that affords reasonable privacy and the ability to engage in private communications with people of the individual’s choosing through personal visits, mail, telephone or electronic means.

(f) Visit with family members, friends, advocates and legal and medical professionals.

(g) Participate regularly in the community and use community resources.

(h) Not be required to perform labor, except personal housekeeping duties, without reasonable and lawful compensation.

(i) Seek a meaningful life by choosing from available services and enjoying the benefits of community involvement and community integration in a manner that is least restrictive to the person’s liberty considering the person’s preferences and age.

(j) An individualized service plan, services based upon that plan and periodic review and reassessment of service needs.

(k) Ongoing participation in the planning of services, including the right to participate in the development and periodic revision of the plan for services, the right to be provided with an explanation of all service considerations in a manner that ensures meaningful individual participation and the right to invite others of the person’s choosing to participate in the plan for services.

(L) Not be involuntarily terminated or transferred from services without prior notice, notification of available sources of necessary continued services and exercise of a grievance procedure.

(m) Be informed at the start of services and annually thereafter of the rights guaranteed by this section, the contact information for the protection and advocacy system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1), and the procedures for filing grievances, hearings or appeals if services have been or are proposed to be reduced, eliminated or changed.

(n) Be encouraged and assisted in exercising all legal rights.

(o) Assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely and impartial grievance procedure without any form of retaliation or punishment.

(p) Manage the person’s own money and financial affairs unless that right has been taken away by court order or other legal procedure.

(q) Keep and use personal property and have a reasonable amount of personal storage space.

(3) The rights described in this section are in addition to, and do not limit, all other statutory and constitutional rights that are afforded all citizens including, but not limited to, the right to exercise religious freedom, vote, marry, have or not have children, own and dispose of property, enter into contracts and execute documents.

(4) A person who is receiving developmental disability services has the right under ORS 430.212 (Reconnection of family members to individual with developmental disability) to be informed and to have the person’s guardian and any representative designated by the person be informed that a family member has contacted the department to determine the location of the person, and to be informed of the name and contact information, if known, of the family member.

(5) The rights described in this section may be asserted and exercised by the person, the person’s guardian and any representative designated by the person.

(6) Nothing in this section may be construed to alter any legal rights and responsibilities between parent and child.

(7) The department shall adopt rules concerning the rights described in this section that are consistent with the directives set forth in ORS 427.007 (Policy) . [2013 c.36 §1; 2019 c.276 §5]

Note: 427.107 (Rights of persons receiving developmental disability services) and 427.109 (Complaint procedures) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 427.107 — Rights of persons receiving developmental disability services; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.300 — OR Code / Title 35 / Chapter 426 / Section 426.300
426.300 Discharge of committed persons
Status: in_force

(1) The Oregon Health Authority shall, by filing a written certificate with the last committing court and the court of residence, discharge an individual from court commitment, except one held upon an order of a court or judge having criminal jurisdiction in an action or proceeding arising out of criminal offense, if the authority finds that the individual is no longer a person with mental illness or that the transfer of the individual to a voluntary status is in the individual’s best interest.

(2) The authority may sign applications for public assistance, as defined in ORS 411.010 (Definitions) , medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , or any other state or federal benefits on behalf of those individuals who may be eligible for public assistance, medical assistance or any other state or federal benefits upon discharge. [Amended by 1963 c.325 §4; 1967 c.549 §8; 1973 c.838 §22; 1997 c.249 §137; 2009 c.595 §417; 2013 c.360 §53; 2013 c.688 §90; 2017 c.65 §1]

Source: Section 426.300 — Discharge of committed persons; application for assistance on behalf of committed person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.270 — OR Code / Title 35 / Chapter 430 / Section 430.270
430.270 Publicizing effects of alcohol and drugs
Status: in_force

(1) The Oregon Health Authority shall take such means as it considers most effective to bring to the attention of the general public, employers, the professional community and particularly the youth of the state, the harmful effects to the individual and society of the irresponsible use of alcoholic beverages, controlled substances and other chemicals, and substances with abuse potential.

(2) The activities of the authority under this section may not be inconsistent with the comprehensive addiction, prevention, treatment and recovery plan developed by the Alcohol and Drug Policy Commission under ORS 430.223 (Comprehensive addiction, prevention, treatment and recovery plan) . [Formerly 430.080; 1979 c.744 §23; 1985 c.740 §12; 2009 c.595 §478; 2009 c.856 §§9,18; 2011 c.673 §17; 2015 c.405 §3; 2018 c.44 §5]

Source: Section 430.270 — Publicizing effects of alcohol and drugs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).