ORS § 426.275 — OR Code / Title 35 / Chapter 426 / Section 426.275
426.275 Effect of failure to adhere to condition of placement
Status: in_force

The following are applicable to placements of persons with mental illness that are made as conditional release under ORS 426.125 (Qualifications and requirements for conditional release) , outpatient commitments under ORS 426.127 (Outpatient commitment) or trial visits under ORS 426.273 (Trial visits) as described:

(1) If the individual responsible under this subsection determines that a person with mental illness is failing to adhere to the terms and conditions of the placement, the responsible individual shall notify the court having jurisdiction that the person with mental illness is not adhering to the terms and conditions of the placement. If the placement is an outpatient commitment under ORS 426.127 (Outpatient commitment) or a trial visit under ORS 426.273 (Trial visits) , the notifications shall include a copy of the conditions for the placement. The individual responsible for notifying the court under this subsection is as follows:

(a) For conditional releases under ORS 426.125 (Qualifications and requirements for conditional release) , the guardian, relative or friend in whose care the person with mental illness is conditionally released.

(b) For outpatient commitments under ORS 426.127 (Outpatient commitment) , the community mental health program director, or designee of the director, of the county in which the person on outpatient commitment lives.

(c) For trial visits under ORS 426.273 (Trial visits) , the community mental health program director, or designee of the director, of the county in which the person on trial visit is to receive outpatient treatment.

(2) On its own motion, the court with jurisdiction of a person with mental illness on placement may cause the person to be brought before it for a hearing to determine whether the person is or is not adhering to the terms and conditions of the placement. The person shall have the same rights with respect to notice, detention stay, hearing and counsel as for a hearing held under ORS 426.095 (Commitment hearing) . The court shall hold the hearing within five judicial days of the date the person with mental illness receives notice under this section. The court may allow postponement and detention during postponement as provided under ORS 426.095 (Commitment hearing) .

(3) Pursuant to the determination of the court upon hearing under this section, a person on placement shall either continue the placement on the same or modified conditions or shall be returned to the Oregon Health Authority for involuntary care and treatment on an inpatient basis subject to discharge at the end of the commitment period or as otherwise provided under this chapter.

(4) If the person on placement is living in a county other than the county of the court that established the current period of commitment under ORS 426.130 (Court determination of mental illness) during which the trial visit, conditional release or outpatient commitment takes place, the court establishing the current period of commitment shall transfer jurisdiction to the appropriate court of the county in which the person is living while on the placement and the court receiving the transfer shall accept jurisdiction.

(5) The court may proceed as provided in ORS 426.307 (Court hearing) or this section when the court:

(a) Receives notice under ORS 426.070 (Initiation) or 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) ; and

(b) Determines that the person is a person with mental illness on conditional release under ORS 426.125 (Qualifications and requirements for conditional release) , outpatient commitment under ORS 426.127 (Outpatient commitment) or trial visit under ORS 426.273 (Trial visits) . [1985 c.242 §3 (enacted in lieu of 426.290); 1987 c.903 §29; 1993 c.484 §22; 2009 c.595 §414; 2011 c.720 §163; 2013 c.360 §49]

Source: Section 426.275 — Effect of failure to adhere to condition of placement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.508 — OR Code / Title 35 / Chapter 426 / Section 426.508
426.508 Sale of F. H. Dammasch State Hospital
Status: reserved

(1) Notwithstanding ORS 421.611 (Findings) to 421.630 (Judicial review) or any actions taken under ORS 421.611 (Findings) to 421.630 (Judicial review) , the Department of Corrections shall transfer the real property known as the F. H. Dammasch State Hospital and all improvements to the Oregon Department of Administrative Services to be sold for the benefit of the Oregon Health Authority.

(2) Intentionally left blank —Ed.

(a) Notwithstanding ORS 270.100 (Notice to department before sale of real property) to 270.190 (Disposition of operating fund revenues) , and except as provided in subsection (4) of this section, the Oregon Department of Administrative Services shall sell or otherwise convey the real property known as the F. H. Dammasch State Hospital in a manner consistent with the provisions of this section. Conveyance shall not include transfer to a state agency. The sale price of the real property shall equal or exceed the fair market value of the real property. The Oregon Department of Administrative Services shall engage the services of a licensed real estate broker or principal real estate broker to facilitate the sale of the real property.

(b) The Oregon Department of Administrative Services shall retain from the sale or other conveyance of the real property those costs incurred by the state in selling or conveying the real property, including costs incurred by the Department of Corrections in transferring the real property to the Oregon Department of Administrative Services. The remaining proceeds from the sale or other conveyance shall be transferred to the Community Housing Trust Account created under ORS 426.506 (Community Mental Health Housing Fund) (3).

(3) Redevelopment of the real property formerly occupied by the F. H. Dammasch State Hospital shall be consistent with the Dammasch Area Transportation Efficient Land Use Plan developed by Clackamas County, the City of Wilsonville, the Oregon Department of Administrative Services, the Department of Land Conservation and Development, the Department of Transportation, the Oregon Housing Stability Council, the Oregon Health Authority and the Department of State Lands.

(4) The Oregon Department of Administrative Services shall reserve from the sale of the real property under subsection (2) of this section not more than 10 acres. The real property reserved from sale shall be transferred to the Oregon Health Authority for use by the authority to develop community housing for persons with chronic mental illness. The department and the authority shall jointly coordinate with the City of Wilsonville to identify the real property reserved from sale under this subsection. [1999 c.983 §5; 2001 c.300 §76; 2001 c.900 §253; 2007 c.70 §213; 2009 c.595 §432; 2015 c.180 §47]

Source: Section 426.508 — Sale of F. H. Dammasch State Hospital; fair market value; redevelopment of property; property reserved for community housing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.420 — OR Code / Title 35 / Chapter 430 / Section 430.420
430.420 Integration of drug treatment services into criminal justice system
Status: in_force

(1) In collaboration with local seizing agencies, the district attorney, the local public safety coordinating council and the local mental health advisory committee, a local planning committee appointed or designated pursuant to ORS 430.342 (Local planning committees) shall develop a plan to integrate drug treatment services, meeting minimum standards established pursuant to ORS 430.357 (Minimum standards) , into the criminal justice system for offenders who commit nonviolent felony drug possession offenses. The plan may also include property offenders as provided for under ORS 475.245 (Conditional discharge) .

(2) Intentionally left blank —Ed.

(a) A plan may include, but need not be limited to, programs that occur before adjudication, after adjudication as part of a sentence of probation or as part of a conditional discharge.

(b) A plan must include, but need not be limited to:

(A) A description of local criminal justice and treatment coordination efforts;

(B) A description of the method by which local, state and federal treatment resources are prioritized and allocated to meet the needs of the drug abusing offender population;

(C) The principles that guide criminal justice strategies for supervision and treatment of drug abusing offenders and the purchase of treatment services from local community providers;

(D) The desired outcomes for criminal justice strategies for supervision and treatment of drug abusing offenders and the provision of treatment services and identification of a method for monitoring and reporting the outcomes; and

(E) Consistent standards for measuring the success of criminal justice strategies for supervision and treatment of drug abusing offenders and the provision of treatment.

(3) A program must include, but need not be limited to:

(a) Ongoing oversight of the participant;

(b) Frequent monitoring to determine whether a participant is using controlled substances unlawfully; and

(c) A coordinated strategy governing responses to a participant’s compliance or noncompliance with the program.

(4) The local planning committee shall submit the plan to the Oregon Health Authority and shall provide the county board of commissioners with a copy of the plan. [2005 c.830 §43; 2009 c.595 §495; 2011 c.673 §31; 2012 c.37 §100]

Note: 430.420 (Integration of drug treatment services into criminal justice system) to 430.426 (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 430.420 — Integration of drug treatment services into criminal justice system; plans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.235 — OR Code / Title 35 / Chapter 430 / Section 430.235
430.235 Grant Review Committee
Status: in_force

(1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 (Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established) shall administer the Improving People’s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231 (Improving People’s Access to Community-based Treatment, Supports and Services Program established) , in consultation with the Oregon Health Authority.

(2) The committee shall be responsible for approving grant applications and for distributing the grant moneys in accordance with rules adopted by the committee under ORS 430.231 (Improving People’s Access to Community-based Treatment, Supports and Services Program established) . The committee shall designate a percentage of the funds to be set aside and awarded to at least one federally recognized Indian tribe.

(3) The committee may advocate to state agencies on behalf of grantees to reduce the administrative burden of grants with similar goals, services and activities as those in the Improving People’s Access to Community-based Treatment, Supports and Services Program.

(4) The committee shall develop additional financial requirements for a grantee’s use of funds as described in subsection (3) of this section.

(5) The committee may determine funding priorities based on the results of the outcome measures or the evaluation tools established by the quality improvement subcommittee established in ORS 430.236 (Establishment of quality improvement subcommittee) . The subcommittee shall develop technical assistance and training strategies to support the grantees in meeting the grant outcome measurement requirements.

(6) The committee shall establish partnerships with appropriate agencies and other entities to ensure that the information technology infrastructure is sufficient to efficiently collect and analyze program data and to transfer data as needed. To the greatest extent practicable, the committee shall use existing information technology systems and staff expertise. [2019 c.563 §4]

Note: See note under 430.230 (Definitions) .

Source: Section 430.235 — Grant Review Committee; approval and distribution of grants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.643 — OR Code / Title 35 / Chapter 430 / Section 430.643
430.643 Disbursement of moneys in fund
Status: in_force

(1) The Oregon Health Authority shall disburse moneys in the Behavioral Health Housing Incentive Fund established in ORS 430.641 (Behavioral Health Housing Incentive Fund established) to provide funding for:

(a) The development of community-based housing, including licensed residential treatment facilities, for individuals with mental illness and individuals with substance use disorders; and

(b) Crisis intervention services, rental subsidies and other housing-related services to help keep individuals with mental illness and individuals with substance use disorders safe and healthy in their communities.

(2) The authority shall provide funding for:

(a) A portion of the costs to purchase land and to construct housing described in subsection (1)(a) of this section; and

(b) Up to 50 percent of the start-up costs for providing housing described in subsection (1)(a) of this section, including but not limited to fixtures, furnishings and training of staff.

(3) Intentionally left blank —Ed.

(a) The authority shall prescribe the financing mechanisms to be used to provide funding under subsection (2)(a) of this section of up to 35 percent of the total project development costs.

(b) The authority may waive the 35 percent limit on total project development costs under paragraph (a) of this subsection for a low-cost project or to meet a critical need in a rural area.

(4) The authority shall convene an advisory group to make recommendations to the authority for:

(a) The allocation of moneys between different types of housing;

(b) The financing of housing described in subsection (1)(a) of this section;

(c) The provision of services described in subsection (1)(b) of this section;

(d) Soliciting funding proposals; and

(e) Processing applications for funding.

(5) The advisory group convened under subsection (4) of this section must include:

(a) One representative of a private provider of mental health treatment;

(b) One representative of a private provider of substance abuse treatment;

(c) Two representatives of groups that advocate on behalf of consumers of mental health or substance abuse treatment;

(d) One staff person from the Housing and Community Services Department;

(e) One staff person from the division of the authority that regulates mental health and substance abuse treatment programs;

(f) Two consumers of mental health or substance abuse treatment;

(g) One representative of a community mental health program;

(h) One person with expertise in developing and financing community housing projects in rural communities; and

(i) One representative of community corrections. [Formerly 458.385]

Note: 430.643 (Disbursement of moneys in 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 430.643 — Disbursement of moneys in fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.870 — OR Code / Title 35 / Chapter 430 / Section 430.870
430.870 Rules
Status: in_force

The Oregon Health Authority shall adopt rules necessary to the efficient administration and functioning of the program and rules regulating the conduct of participants in the program. Rules regulating the conduct of participants in the program shall include but not be limited to rules requiring participants to keep appointments and the time, place and frequency of any dosages. [1973 c.340 §3; 2009 c.595 §527]

Source: Section 430.870 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.255 — OR Code / Title 35 / Chapter 427 / Section 427.255
427.255 Detention prior to investigation or hearing
Status: in_force

(1) If the court finds that there is probable cause to believe that the failure to take into custody pending an investigation or hearing a person alleged to have an intellectual disability and be in need of commitment for residential care, treatment and training would pose an imminent and serious danger to the person or to others, the court may issue a warrant of detention to either the community developmental disabilities program director or the sheriff of the county directing that the director, the sheriff or the designee of the director or sheriff take the person into custody and produce the person at the time and place stated in the warrant. At the time the person is taken into custody, the custodian shall advise the person or, if the person is incapacitated, the guardian of the person of the person’s right to counsel, to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel appointed immediately.

(2) A person taken into custody under subsection (1) of this section shall be provided all care, custody, evaluation and treatment required for the mental and physical health and safety of the person and the director of the facility retaining custody shall report any care, custody, evaluation or treatment provided the person to the court as required by ORS 427.280 (Treatment given after citation issued) . Any diagnostic evaluation performed on such person shall be consistent with Department of Human Services rules and ORS 427.105 (Diagnostic evaluations) . Any prescription or administration of drugs shall be the sole responsibility of the treating physician or naturopathic physician. The person shall have the right to the least hazardous treatment procedures while in custody, and the treating physician or naturopathic physician shall be notified immediately of the use of any mechanical restraints on the person. A note of each use of mechanical restraint and the reasons therefor shall be made a part of the person’s clinical record over the signature of the treating physician or naturopathic physician. [1979 c.683 §19; 2009 c.595 §444; 2011 c.658 §15; 2017 c.356 §51; 2023 c.339 §6]

Source: Section 427.255 — Detention prior to investigation or hearing; care and maintenance while under custody , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.631 — OR Code / Title 35 / Chapter 430 / Section 430.631
430.631 Local advisory committees
Status: in_force

(1) If any local mental health program has an advisory committee, persons with disabilities, as defined in ORS 430.050 (Mental Health Advisory Board) (6), and older adults shall be appointed to serve on the advisory committee.

(2) The persons with disabilities described in subsection (1) of this section shall meet separately as a disability issues advisory committee. [Formerly 430.625]

Note: 430.631 (Local advisory committees) 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 430.631 — Local advisory committees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.490 — OR Code / Title 35 / Chapter 430 / Section 430.490
430.490 Diversion plan for defendant
Status: in_force

(1) Prior to the initiation of diversion, the local diversion coordinator shall submit an individual diversion plan for the defendant. Upon approval of the plan by the prosecutor and the court, the person diverted shall be required to follow the diversion plan as a condition of continuance in treatment. The plan shall be entered into the record of the court.

(2) Participation in a diversion program may be made a condition of probation or parole. [1977 c.871 §§16,28]

Source: Section 430.490 — Diversion plan for defendant; participation as condition of probation or parole , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.320 — OR Code / Title 35 / Chapter 426 / Section 426.320
426.320 Payment of certain expenses by the state
Status: in_force

When a person with mental illness is assigned to or transferred to a state hospital, all of the actual and necessary expenses of transporting the person to the hospital that are incurred by the agent or attendant from the state hospital, the assistants of the agent or attendant and the person, shall be paid by the state in the manner provided in ORS 426.330 (Presentation and payment of claims) . [Amended by 1975 c.690 §23; 2013 c.360 §56]

Source: Section 426.320 — Payment of certain expenses by the state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.150 — OR Code / Title 35 / Chapter 426 / Section 426.150
426.150 Transportation to treatment facility
Status: in_force

(1) Upon receipt of the order of commitment, the Oregon Health Authority or its designee shall take the person with mental illness into its custody, and ensure the safekeeping and proper care of the person until the person is delivered to an assigned treatment facility or to a representative of the assigned treatment facility. The representative of the assigned treatment facility, accompanied by any assistants the authority or its designee may deem necessary, shall proceed to the place where the person is in custody, and upon demand shall be given custody of the person, together with the certified record required by ORS 426.170 (Delivery of certified copy of record) . The representative shall issue appropriate receipts and immediately transport the person safely to the assigned treatment facility and deliver the person and the record to the director or a designated employee of the facility. In taking custody of the person, the authority, its designee or the representative of the facility has all the powers provided by ORS 133.225 (Arrest by private person) and 161.255 (Use of physical force by private person making citizen’s arrest) and may require the assistance of any peace officer or other authorized individual.

(2) The committing judge, upon approval of the examining physicians or other qualified professionals as recommended by the authority and upon request of a legal guardian, friend or relative of the person with mental illness, may authorize the legal guardian, friend or relative to transport the person to the assigned facility when the committing judge determines that means of transportation would not be detrimental to the welfare of the person or to the public. [Amended by 1963 c.325 §1; 1973 c.838 §24; 1975 c.690 §10; 2009 c.595 §395; 2013 c.360 §33]

Source: Section 426.150 — Transportation to treatment facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.626 — OR Code / Title 35 / Chapter 430 / Section 430.626
430.626 Definitions
Status: in_force

As used in ORS 430.626 (Definitions) to 430.628 (City and community mental health program provision of crisis stabilization services) :

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

(2) “Crisis stabilization center” means a facility licensed by the Oregon Health Authority that meets the requirements adopted by the authority by rule under ORS 430.627 (Statewide coordinated crisis system) .

(3) “Crisis stabilization services” includes diagnosis, stabilization, observation and follow-up referral services provided to individuals in a community-based, developmentally appropriate homelike environment to the extent practicable.

(4) “Mobile crisis intervention team” means a team of qualified behavioral health professionals that may include peer support specialists, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) , and other health care providers such as nurses or social workers who provide timely, developmentally appropriate and trauma-informed interventions, screening, assessment, de-escalation and other services necessary to stabilize an individual experiencing a behavioral health crisis in accordance with requirements established by the authority by rule.

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

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

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

(6) “Veterans Crisis Line” means the crisis hotline maintained by the United States Department of Veterans Affairs and the United States Department of Health and Human Services. [2021 c.617 §1]

Note: 430.626 (Definitions) to 430.629 (Oversight and direction on implementation and operation of statewide coordinated crisis system) 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 430.626 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.675 — OR Code / Title 35 / Chapter 426 / Section 426.675
426.675 Determination of sexually dangerous persons
Status: in_force

(1) When a defendant has been convicted of a sexual offense under ORS 163.305 (Definitions) to 163.467 (Private indecency) or 163.525 (Incest) and there is probable cause to believe the defendant is a sexually dangerous person, the court prior to imposing sentence may continue the time for sentencing and commit the defendant to a facility designated under ORS 426.670 (Treatment programs for sexually dangerous persons) for a period not to exceed 30 days for evaluation and report.

(2) If the facility reports to the court that the defendant is a sexually dangerous person and that treatment available may reduce the risk of future sexual offenses, the court shall hold a hearing to determine by clear and convincing evidence that the defendant is a sexually dangerous person. The state and the defendant shall have the right to call and cross-examine witnesses at such hearing. The defendant may waive the hearing required by this subsection.

(3) If the court finds that the defendant is a sexually dangerous person and that treatment is available which will reduce the risk of future sexual offenses, it may, in its discretion at the time of sentencing:

(a) Sentence the defendant to probation on the condition that the person participate in and successfully complete a treatment program for sexually dangerous persons pursuant to ORS 426.670 (Treatment programs for sexually dangerous persons) ;

(b) Impose a sentence of imprisonment with the order that the defendant be assigned by the Director of the Department of Corrections to participate in a treatment program for sexually dangerous persons pursuant to ORS 426.670 (Treatment programs for sexually dangerous persons) . The Department of Corrections and the Oregon Health Authority shall jointly adopt administrative rules to coordinate assignment and treatment of prisoners under this subsection; or

(c) Impose any other sentence authorized by law. [1977 c.377 §3; 1979 c.606 §2; 1987 c.320 §231; 1993 c.14 §24; 2009 c.595 §435]

Source: Section 426.675 — Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.154 — OR Code / Title 35 / Chapter 427 / Section 427.154
427.154 Individualized service plan
Status: in_force

(1) Developmental disability services are intended to meet the needs of individuals with intellectual or developmental disabilities. The Department of Human Services shall establish by rule the application and eligibility determination processes for developmental disability services.

(2) Developmental disability services shall be provided pursuant to an individualized service plan that is developed and reassessed at least annually using a person-centered planning process.

(3) The department shall ensure that each individual receiving developmental disability services and the individual’s guardian or legal representative has an active role in choosing the services, activities and purchases that will best meet the individual’s needs and preferences and to express those choices verbally, using sign language or by other appropriate methods of communication.

(4) Developmental disability services must complement the existing formal and informal supports, services, activities and purchases available to an individual.

(5) The department shall ensure that each individual and the individual’s guardian or legal representative has the opportunity to confirm satisfaction with the developmental disability services that the individual receives and to make changes in the services as necessary.

(6) The department shall ensure that all individuals receiving developmental disability services have an equal opportunity for job placements. A provider of developmental disability services that offers job placements may not give preference to an individual who is a resident of a facility owned or operated by the provider when determining eligibility for a job placement. The residence of an individual may not be the exclusive factor in determining eligibility for a job placement. [Formerly 427.402; 2019 c.276 §4]

Source: Section 427.154 — Individualized service plan; requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.680 — OR Code / Title 35 / Chapter 426 / Section 426.680
426.680 Trial visits for probationer
Status: in_force

(1) The superintendent of the facility designated under ORS 426.670 (Treatment programs for sexually dangerous persons) to receive commitments for medical or mental therapeutic treatment of sexually dangerous persons may grant a trial visit to a defendant committed as a condition of probation where:

(a) The trial visit is not inconsistent with the terms and conditions of probation; and

(b) The trial visit is agreed to by the community mental health program director for the county in which the person would reside.

(2) Trial visit here shall correspond to trial visit as described in ORS 426.273 (Trial visits) to 426.292 (Release prior to expiration of term of commitment) and 426.335 (Limitations on liability) , except that the length of a trial visit may be for the duration of the period of probation, subject to the consent of the sentencing court. [1973 c.443 §7; 1977 c.377 §4; 1985 c.242 §7; 2009 c.595 §436]

Source: Section 426.680 — Trial visits for probationer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.393 — OR Code / Title 35 / Chapter 430 / Section 430.393
430.393 Report to Legislative Assembly
Status: in_force

No later than January 1, 2022, and at the beginning of each calendar quarter thereafter, the Oregon Health Authority shall report to the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature) , how funds from the Drug Treatment and Recovery Services Fund were spent in the preceding calendar quarter. [2021 c.591 §24]

Note: 430.393 (Report to Legislative Assembly) 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 430.393 — Report to Legislative Assembly , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.129 — OR Code / Title 35 / Chapter 426 / Section 426.129
426.129 Community liaison
Status: in_force

The Oregon Health Authority shall employ at least one individual to serve as a liaison between the authority and communities in which the authority plans to establish housing for persons conditionally released by the Psychiatric Security Review Board or for persons with mental illness. [2009 c.809 §1; 2011 c.720 §161]

Note: 426.129 (Community liaison) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 426 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 426.129 — Community liaison , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.293 — OR Code / Title 35 / Chapter 427 / Section 427.293
427.293 Disclosure of record of proceeding
Status: in_force

(1) In any proceeding conducted under ORS 427.235 (Notice to court of need for commitment) to 427.292 (Parental consent required for involuntary commitment of minor child) , the court may not disclose any part of the record, including any report submitted to the court under ORS 427.270 (Report of diagnostic evaluation) , to any person except:

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

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

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

(d) Pursuant to court order.

(2) In any proceeding described in subsection (1) of this section that is before the Supreme Court or the Court of Appeals, the limitations on disclosure imposed by this section apply to the appellate court record and to the trial court record while it is in the appellate court’s custody. The appellate court may disclose information from the trial or appellate court record in a decision, as defined in ORS 19.450 (Appellate judgment) , provided that the court uses initials, an alias or some other convention for protecting against public disclosure the identity of the person who is alleged to have an intellectual disability. [1999 c.82 §2; 2009 c.826 §3; 2011 c.332 §§3,6b; 2011 c.547 §46; 2013 c.1 §62; 2013 c.36 §10]

Source: Section 427.293 — Disclosure of record of proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.504 — OR Code / Title 35 / Chapter 426 / Section 426.504
426.504 Power of Oregon Health Authority to develop community housing for persons with chronic mental illness
Status: in_force

(1) The Oregon Health Authority may, through contract or otherwise, acquire, purchase, receive, hold, exchange, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of housing persons with chronic mental illness.

(2) The authority may dispose of community housing acquired under subsection (1) of this section in a public or private sale, upon such terms and conditions as the authority considers advisable to increase the quality and quantity of community housing available for persons with chronic mental illness. Except as provided in subsection (3) of this section, in any instrument conveying fee title to community housing, the authority shall include language that restricts the use of the community housing to housing for persons with chronic mental illness. Such restriction is not a violation of ORS 93.270 (Certain restrictions in instruments prohibited) .

(3) If the authority determines that community housing acquired under subsection (1) of this section is no longer suitable for use as community housing, the authority may sell or otherwise dispose of the community housing without including in any instrument conveying fee title to the community housing any language that restricts the use of the community housing. Proceeds from the sale or disposition of community housing under this subsection are considered proceeds described in ORS 426.506 (Community Mental Health Housing Fund) (4)(c).

(4) When exercising the power granted to the authority under this section, the authority is not subject to ORS chapter 273 or ORS 270.100 (Notice to department before sale of real property) to 270.190 (Disposition of operating fund revenues) , 276.900 (Policy) to 276.915 (Energy design requirements) or 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts) . [1999 c.983 §3; 2003 c.794 §281; 2005 c.11 §2; 2007 c.70 §211; 2009 c.595 §430]

Source: Section 426.504 — Power of Oregon Health Authority to develop community housing for persons with chronic mental illness; sale of community housing; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.390 — OR Code / Title 35 / Chapter 426 / Section 426.390
426.390 Construction
Status: in_force

Nothing in ORS 426.295 (Judicial determination of competency) , 426.297 (Payment of expenses for proceeding under ORS 426.295) and 426.380 (Availability of writ of habeas corpus) to 426.390 (Construction) is intended to detract from the powers of a court under ORS chapter 125 or ORS 179.640 (Determination of ability to pay) . [1967 c.460 §7; 1973 c.823 §137; 1995 c.664 §96]

Source: Section 426.390 — Construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.301 — OR Code / Title 35 / Chapter 426 / Section 426.301
426.301 Release of committed person
Status: in_force

(1) At the end of the 180-day period of commitment, any person whose status has not been changed to voluntary shall be released unless the Oregon Health Authority certifies to the court in the county where the treating facility is located that the person is still a person with mental illness and is in need of further treatment. The authority, pursuant to its rules, may delegate to the director of the treating facility the responsibility for making the certification. The director of the treating facility shall consult with the community mental health program director of the county of residence prior to making the certification. If the certification is made, the person will not be released, but the director of the treating facility shall immediately issue a copy of the certification to the person and to the community mental health program director of the county of residence.

(2) The certification shall be served upon the person by the director of the facility where the person is confined or by the designee of the director. The director of the facility shall inform the court in writing that service has been made and the date thereof.

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

(a) That the authority or facility has requested that commitment be continued for an additional period of time.

(b) That the person may consult with legal counsel and that legal counsel will be provided for the person without cost if the person is unable to afford legal counsel.

(c) That the person may protest this further period of commitment within 14 days, and if the person does not protest the further commitment, commitment will be continued for an indefinite period of time up to 180 days.

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

(e) That the person may protest either orally or in writing by signing the form accompanying the certification.

(f) That the person is entitled to have a physician or other qualified professional as recommended by the authority, other than a member of the staff at the facility where the person is confined, examine the person and report to the court the results of the examination.

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

(h) That if the person is without funds to retain legal counsel or an examining physician or qualified professional as recommended by the authority, the court will appoint legal counsel, a physician or other qualified professional.

(4) Nothing in subsection (3) of this section requires the giving of the warning under ORS 426.123 (Observation of person in custody) .

(5) When serving the certification upon the person, the authority shall read and deliver the certification to the person and ask whether the person protests a further period of commitment. The person may protest further commitment either orally or by signing a simple protest form to be given to the person with the certification. If the person does not protest a further period of commitment within 14 days of service of the certification, the authority or facility shall so notify the court and the court shall, without further hearing, order the commitment of the person for an additional indefinite period of time up to 180 days. [1973 c.838 §15; 1975 c.690 §19; 1987 c.903 §32; 2001 c.962 §60; 2009 c.595 §418; 2013 c.360 §54]

Source: Section 426.301 — Release of committed person; certification of continued mental illness; service of certificate; content; period of further commitment; effect of failure to protest further commitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.310 — OR Code / Title 35 / Chapter 426 / Section 426.310
426.310 Reimbursement of county expenses for commitment proceedings involving nonresidents
Status: in_force

(1) If a person with mental illness is a resident of some other county in this state, the county making the commitment shall be reimbursed by the county of which the person is a resident. All reasonable and actual expenses incurred and paid by the county by reason of the care, custody, treatment, investigation, examination and commitment hearing shall, upon presentation of a copy of the order of the judge making the examination and commitment, together with a properly itemized and certified claim covering the expense, be promptly paid to the county by the county of which the person was a resident. The expenses reimbursed under this subsection shall include any expenses incurred to pay for representation of the state’s interest under ORS 426.100 (Advice of court) and 426.250 (Payment of costs related to commitment proceedings) .

(2) If a person alleged to have a mental illness is a resident of some other county in this state, a county attempting a commitment shall be reimbursed by the county of which the person is a resident, as defined in ORS 426.241 (Payment of care, custody and treatment costs) , for all actual, reasonable expenses incurred and paid by the county attempting commitment by reason of the care, custody, treatment, investigation, examination and commitment hearing. The expenses reimbursed under this subsection shall include any expenses incurred to pay for representation of the state’s interest under ORS 426.100 (Advice of court) and 426.250 (Payment of costs related to commitment proceedings) .

(3) In the case of a county that declines to operate or contract for a community mental health program, the public agency or private corporation that contracts with the Oregon Health Authority to provide the program, as described in ORS 430.640 (Duties of Oregon Health Authority in assisting and supervising community mental health programs) , is responsible for reimbursing a county for the costs incurred by the county in the care, custody, treatment, investigation and examination of the person. [Amended by 1975 c.690 §22; 1977 c.764 §7; 1979 c.392 §2; 1987 c.903 §34; 2013 c.360 §55; 2015 c.785 §7]

Source: Section 426.310 — Reimbursement of county expenses for commitment proceedings involving nonresidents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.646 — OR Code / Title 35 / Chapter 430 / Section 430.646
430.646 Priorities for services for persons with mental or emotional disturbances
Status: in_force

In allocating funds for community mental health programs affecting persons with mental or emotional disturbances, the Oregon Health Authority shall observe the following priorities:

(1) To ensure the establishment and operation of community mental health programs for persons with mental or emotional disturbances in every geographic area of the state to provide some services in each category of services described in ORS 430.630 (Services to be provided by community mental health programs) (3) unless a waiver has been granted;

(2) To ensure survival of services that address the needs of persons within the priority of services under ORS 430.644 (Priorities for services provided by community mental health programs) and that meet authority standards;

(3) To develop the interest and capacity of community mental health programs to provide new or expanded services to meet the needs for services under ORS 430.644 (Priorities for services provided by community mental health programs) and to promote the equal availability of such services throughout the state; and

(4) To encourage and assist in the development of model projects to test new services and innovative methods of service delivery. [Formerly 430.685]

Source: Section 430.646 — Priorities for services for persons with mental or emotional disturbances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.350 — OR Code / Title 35 / Chapter 430 / Section 430.350
430.350 Assistance and recommendation of local planning committee
Status: in_force

(1) Every applicant for a grant made under ORS 430.345 (Grants for prevention of, intervention in and treatment for substance use disorders) to 430.380 (Mental Health Alcoholism and Drug Services Account) shall be assisted in the preparation and development of alcohol and drug abuse prevention, early intervention and treatment services by the local planning committee operating in the area to which the application relates. Every application shall establish to the satisfaction of the Oregon Health Authority that the committee was actively involved in the development and preparation of such program.

(2) The authority shall require of every applicant for a grant made under ORS 430.345 (Grants for prevention of, intervention in and treatment for substance use disorders) to 430.380 (Mental Health Alcoholism and Drug Services Account) the recommendation of the local planning committee in the area to which the application relates. The authority shall take such recommendation into consideration before making or refusing grants under ORS 430.345 (Grants for prevention of, intervention in and treatment for substance use disorders) to 430.380 (Mental Health Alcoholism and Drug Services Account) . [1973 c.682 §4; 1977 c.856 §6; 1987 c.53 §3; 2009 c.595 §485]

Source: Section 430.350 — Assistance and recommendation of local planning committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.405 — OR Code / Title 35 / Chapter 430 / Section 430.405
430.405 Definition
Status: in_force

As used in ORS 430.415 (Drug dependence as illness) , “drug-dependent person” means one who has lost the ability to control the use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance. [1973 c.697 §3; 1977 c.745 §47; 1979 c.744 §25; 1979 c.777 §46a; 1987 c.61 §4; 2001 c.900 §138; 2007 c.71 §117]

Source: Section 430.405 — Definition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.104 — OR Code / Title 35 / Chapter 427 / Section 427.104
427.104 Developmental disability services
Status: in_force

The Department of Human Services, with funds appropriated for that purpose by the legislature, shall:

(1) Contract with each community developmental disabilities program to determine the eligibility of individuals to receive developmental disability services;

(2) Provide consultation and training to community developmental disabilities programs in determining eligibility for developmental disability services;

(3) Develop and periodically revise rules for determining eligibility for developmental disability services;

(4) Coordinate diagnostic evaluations statewide to minimize duplication of tests and examinations; and

(5) Provide consultation to appropriate agencies and individuals regarding persons evaluated to receive developmental disability services. [1953 c.631 §1; 1965 c.339 §21; 1971 c.74 §1; 1979 c.683 §13; 2001 c.900 §129; 2009 c.595 §437; 2011 c.658 §9; 2013 c.36 §5]

Source: Section 427.104 — Developmental disability services; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.651 — OR Code / Title 35 / Chapter 430 / Section 430.651
430.651 Use of population data in funding formula
Status: in_force

(1) If the Oregon Health Authority uses a formula for allocating to counties moneys, and if the formula includes population as a factor in determining the amount of each allocation, the authority shall calculate the formula annually using the most current population data that is available.

(2) The authority shall use as the source of the population data required by subsection (1) of this section the primary population research center that is part of Portland State University. [Formerly 430.693; 2013 c.768 §143]

Note: 430.651 (Use of population data in funding formula) 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 430.651 — Use of population data in funding formula , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.338 — OR Code / Title 35 / Chapter 430 / Section 430.338
430.338 Purposes of laws related to alcoholism
Status: in_force

The purposes of ORS 430.338 (Purposes of laws related to alcoholism) to 430.380 (Mental Health Alcoholism and Drug Services Account) are:

(1) To encourage local units of government to provide treatment and rehabilitation services to persons suffering from alcoholism;

(2) To foster sound local planning to address the problem of alcoholism and its social consequences;

(3) To promote a variety of treatment and rehabilitation services for alcoholics designed to meet the therapeutic needs of diverse segments of a community’s population, recognizing that no single approach to alcoholism treatment and rehabilitation is suitable to every individual;

(4) To increase the independence and ability of individuals recovering from alcoholism to lead satisfying and productive lives, thereby reducing continued reliance upon therapeutic support;

(5) To ensure sufficient emphasis upon the unique treatment and rehabilitation needs of minorities; and

(6) To stimulate adequate evaluation of alcoholism treatment and rehabilitation programs. [1977 c.856 §1; 2011 c.673 §20]

Note: 430.338 (Purposes of laws related to alcoholism) and 430.342 (Local planning committees) 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 430.338 — Purposes of laws related to alcoholism , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.465 — OR Code / Title 35 / Chapter 430 / Section 430.465
430.465 Referral for evaluation
Status: in_force

A defendant may be informed of the rights of the defendant to evaluation and, upon giving written consent, may be referred for such evaluation at any time prior to conviction for the offense for which the defendant is charged, notwithstanding prior refusal to submit to evaluation. The procedures stipulated in ORS 430.455 (Information to arrested person believed to have substance use disorder) and 430.460 (Consent to evaluation) shall be followed whenever the right to evaluation is restated under this section. [1977 c.871 §9]

Source: Section 430.465 — Referral for evaluation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.540 — OR Code / Title 35 / Chapter 430 / Section 430.540
430.540 Designation of and standards for evaluation sites
Status: in_force

(1) The county mental health program director shall designate sites for evaluation in the county plan of individuals who may be or are known to be drug dependent. The Oregon Health Authority shall establish standards for such sites, consistent with ORS 430.357 (Minimum standards) , and periodically publish a list of approved sites.

(2) The costs of evaluation shall be borne by the county of appropriate jurisdiction. [1977 c.871 §6; 2009 c.595 §501; 2011 c.673 §34]

Source: Section 430.540 — Designation of and standards for evaluation sites , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.297 — OR Code / Title 35 / Chapter 426 / Section 426.297
426.297 Payment of expenses for proceeding under ORS 426.295
Status: in_force

(1) The expenses of a proceeding under ORS 426.295 (Judicial determination of competency) (2) shall be paid by the person with mental illness, unless it appears from the affidavit of the person or other evidence that the person is unable to pay the expenses. If the person is unable to pay, the expenses of the proceedings shall be paid by the community mental health program in the county of which the person was a resident at the time of admission. If the county of residence cannot be established, the community mental health program in the county from which the person was admitted shall pay the expenses.

(2) The expenses of the proceeding under ORS 426.295 (Judicial determination of competency) (3) shall be paid by the petitioner.

(3) Any physician employed by the court to make an examination as to the mental condition of a person subject to a competency proceeding under ORS 426.295 (Judicial determination of competency) or 426.380 (Availability of writ of habeas corpus) to 426.390 (Construction) shall be allowed a reasonable professional fee by order of the court. Witnesses summoned and giving testimony shall receive the same fees as are paid in ORS 44.415 (Fees and mileage of witnesses) (2). [1967 c.460 §2; 1989 c.980 §14; 2013 c.360 §52; 2015 c.785 §6]

Source: Section 426.297 — Payment of expenses for proceeding under ORS 426.295 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.387 — OR Code / Title 35 / Chapter 430 / Section 430.387
430.387 Distribution of moneys in fund
Status: in_force

The Oregon Health Authority shall cause the moneys in the Drug Treatment and Recovery Services Fund to be distributed as follows:

(1) An amount necessary for the administration of ORS 430.388 (Oversight and Accountability Council) to 430.390 (Administration of grants) , excluding amounts necessary to establish and maintain the telephone hotline described in ORS 430.391 (Behavioral Health Resource Network statewide telephone hotline) (1).

(2) After the distribution set forth in subsection (1) of this section, the remaining moneys in the fund shall be distributed to the grants program as 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) . [2021 c.2 §9; 2021 c.591 §9; 2023 c.248 §4]

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

Source: Section 430.387 — Distribution of moneys in fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.370 — OR Code / Title 35 / Chapter 426 / Section 426.370
426.370 Withholding information obtained in certain commitment or admission investigations
Status: in_force

A community mental health program director or designee may withhold information obtained during an investigation under ORS 426.070 (Initiation) , 426.228 (Custody) , 426.232 (Emergency admission) , 426.233 (Authority of community mental health program director and of other individuals) or 426.234 (Duties of professionals at facility where person admitted) if the community mental health program director determines:

(1) That information was not included in its investigation report or otherwise used in a material way to support a determination by the community mental health program director that there was probable cause to believe a person was a person with mental illness; and

(2) Release of the information would constitute a clear and immediate danger to any person. [1989 c.993 §6; 1993 c.484 §25; 2009 c.595 §423; 2013 c.360 §58]

Note: 426.370 (Withholding information obtained in certain commitment or admission investigations) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 426 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 426.370 — Withholding information obtained in certain commitment or admission investigations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.399 — OR Code / Title 35 / Chapter 430 / Section 430.399
430.399 When person must be taken to treatment facility or sobering facility
Status: in_force

(1) Any person who is intoxicated or under the influence of controlled substances in a public place may be sent home or taken to a sobering facility or to a treatment facility by a police officer. If the person is incapacitated, the person shall be taken by the police officer to an appropriate treatment facility or sobering facility. If the health of the person appears to be in immediate danger, or the police officer has reasonable cause to believe the person is dangerous to self or to any other person, the person shall be taken by the police officer to an appropriate treatment facility or sobering facility. A person shall be deemed incapacitated when in the opinion of the police officer the person is unable to make a rational decision as to acceptance of assistance.

(2) When a person is taken to a treatment facility, the director of the treatment facility shall determine whether the person shall be admitted as a patient, referred to another treatment facility or a sobering facility or denied referral or admission. If the person is incapacitated or the health of the person appears to be in immediate danger, or if the director has reasonable cause to believe the person is dangerous to self or to any other person, the person must be admitted. The person shall be discharged within 48 hours unless the person has applied for voluntary admission to the treatment facility.

(3) When a person is taken to a sobering facility, the staff of the sobering facility shall, consistent with the facility’s comprehensive written policies and procedures, determine whether or not the person shall be admitted into the sobering facility. A person who is admitted shall be discharged from the sobering facility within 24 hours.

(4) In the absence of any appropriate treatment facility or sobering facility, or if a sobering facility determines that a person should not be admitted to the sobering facility, an intoxicated person or a person under the influence of controlled substances who would otherwise be taken by the police officer to a treatment facility or sobering facility may be taken to the city or county jail where the person may be held until no longer intoxicated, under the influence of controlled substances or incapacitated.

(5) An intoxicated person or person under the influence of controlled substances, when taken into custody by the police officer for a criminal offense, shall immediately be taken to the nearest appropriate treatment facility when the condition of the person requires emergency medical treatment.

(6) The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility. A person’s request that no disclosure be made of admission to a treatment facility or sobering facility shall be honored unless the person is incapacitated or disclosure of admission is required by ORS 430.397 (Voluntary admission of person to treatment facility) . [Formerly 426.460; 2011 c.673 §30; 2015 c.730 §3]

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

Source: Section 430.399 — When person must be taken to treatment facility or sobering facility; admission or referral; when jail custody may be used; confidentiality of records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.510 — OR Code / Title 35 / Chapter 430 / Section 430.510
430.510 Notice when treatment unsuccessful
Status: in_force

If treatment under ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant) is unsuccessful, the prosecuting attorney and the court shall be notified before the defendant is released from treatment. After such notice the prosecution may be resumed. If the person has been convicted of the offense for which the person has been arrested, the court may proceed to impose sentence, which shall take into account the period during which the person participated in treatment. [1977 c.871 §25]

Source: Section 430.510 — Notice when treatment unsuccessful , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.024 — OR Code / Title 35 / Chapter 427 / Section 427.024
427.024 Reporting requirements for providers of community-based services to individuals with intellectual or developmental disabilities
Status: in_force

(1) The Department of Human Services shall adopt rules to ensure fiscal transparency in the provision of community-based services to individuals with intellectual or developmental disabilities and to ensure individuals with intellectual or developmental disabilities receive high quality services from providers that are licensed, certified or endorsed by the department to provide community-based services. At a minimum, the rules must establish, for providers of community-based services to individuals with intellectual or developmental disabilities:

(a) Requirements to annually submit staffing data to a reporting survey organization specified by the department;

(b) Requirements to submit an annual report to the department that includes:

(A) A disclosure of executive compensation and benefits;

(B) A disclosure of starting, average and highest wages for direct support professionals that are employed by, under contract with or otherwise engaged with the provider to deliver community-based services to individuals with intellectual or developmental disabilities;

(C) A disclosure of the provider’s overhead expenses and expenditures; and

(D) Any other fiscal matters prescribed by the department;

(c) Requirements to ensure that wages and health benefits paid to direct support professionals delivering community-based supports reflect any increase in rates approved by the Legislative Assembly for the purpose of improving wages and health benefits;

(d) Criteria for conditions under which a provider may be prohibited from applying for a license, certificate or endorsement;

(e) Criteria for the inclusion of information about the organizational history of an applicant for a new license, certification or endorsement, not to exceed the 10 previous years; and

(f) A process for the consideration of the regulatory and safety compliance and operational experience of all providers in this state or in any other jurisdiction when issuing an initial license, certification or endorsement or renewing a license, certification or endorsement.

(2) Rules adopted by the department must, to the greatest extent practicable, consolidate new reporting requirements with existing reporting requirements to avoid the need for providers to make duplicative reports of the same information. [2022 c.91 §2]

Note: 427.024 (Reporting requirements for providers of community-based services to individuals with intellectual or developmental disabilities) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 427.024 — Reporting requirements for providers of community-based services to individuals with intellectual or developmental disabilities; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 426.307 — OR Code / Title 35 / Chapter 426 / Section 426.307
426.307 Court hearing
Status: in_force

If a person with mental illness requests a hearing under ORS 426.301 (Release of committed person) or if the court proceeds under ORS 426.275 (Effect of failure to adhere to condition of placement) (5), the following provisions apply:

(1) The hearing shall be conducted as promptly as possible and at a time and place as the court may direct.

(2) If the person requests a continuance in order to prepare for the hearing or to obtain legal counsel to represent the person, the court may grant postponement and detention during postponement as provided under ORS 426.095 (Commitment hearing) .

(3) The person has the right to representation by or appointment of counsel as provided under ORS 426.100 (Advice of court) subject to ORS 135.055 (Compensation and expenses of appointed counsel) , 151.216 (Commission duties) and 151.219 (Executive director) .

(4) If the person requests an examination by a physician or other qualified professional as recommended by the Oregon Health Authority and is without funds to retain a physician or other qualified professional for purposes of the examination, the court shall appoint a physician or other qualified professional, other than a member of the staff from the facility where the person is confined, to examine the person at no expense to the person and to report to the court the results of the examination.

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

(6) The court shall then conduct a hearing and after hearing the evidence and reviewing the recommendations of the treating and examining physicians or other qualified professionals, the court shall determine whether the person is still a person with mental illness and is in need of further treatment. If in the opinion of the court the individual is still a person with mental illness by clear and convincing evidence and is in need of further treatment, the court may order commitment to the authority for an additional indefinite period of time up to 180 days.

(7) At the end of the 180-day period, the person shall be released unless the authority or facility again certifies to the committing court that the person is still a person with mental illness and is in need of further treatment, in which event the procedures set forth in ORS 426.301 (Release of committed person) to 426.307 (Court hearing) shall be followed. [1973 c.838 §17; 1975 c.690 §21; 1979 c.408 §5; 1987 c.803 §24; 1987 c.903 §§33,33a; 1989 c.171 §53; 1993 c.484 §24; 1997 c.649 §4; 2001 c.962 §61; 2009 c.595 §420; 2013 c.360 §1]

Source: Section 426.307 — Court hearing; continuance; attorney; examination; determination of mental illness; order of further commitment; period of commitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.920 — OR Code / Title 35 / Chapter 430 / Section 430.920
430.920 Risk assessment for drug and alcohol use
Status: in_force

(1) The attending health care provider shall perform during the first trimester of pregnancy or as early as possible a risk assessment which shall include an assessment for drug and alcohol usage. If the results of the assessment indicate that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, the provider shall tell the patient about the potential health effects of continued substance abuse and recommend counseling by a trained drug or alcohol abuse counselor.

(2) The provider shall supply demographic information concerning patients described in subsection (1) of this section to the Alcohol and Drug Policy Commission, for purposes related to the commission’s accountability and data collection system, and to the local public health administrator, as defined in ORS 431.003 (Definitions) , without revealing the identity of the patients. The local public health administrator shall use forms prescribed by the Oregon Health Authority and shall send copies of the forms and any compilation made from the forms to the authority at such times as the authority may require by rule.

(3) The provider, if otherwise authorized, may administer or prescribe controlled substances that relieve withdrawal symptoms and assist the patient in reducing the need for unlawful controlled substances according to medically acceptable practices. [1989 c.1046 §4; 2009 c.595 §529; 2011 c.673 §38; 2015 c.736 §70]

Source: Section 430.920 — Risk assessment for drug and alcohol use; informing patient of results; assistance to patient in reducing need for controlled substances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.231 — OR Code / Title 35 / Chapter 430 / Section 430.231
430.231 Improving People’s Access to Community-based Treatment, Supports and Services Program established
Status: in_force

(1) The Improving People’s Access to Community-based Treatment, Supports and Services Program is established in recognition of the shortage of comprehensive community supports and services for individuals with mental health or substance use disorders, leading to their involvement with the criminal justice system, hospitalizations and institutional placements. The purpose of the program is to address this need by awarding grants to counties and Oregon’s federally recognized Indian tribes to establish evidence-based and tribal-based programs to provide the needed supports and services.

(2) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 (Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established) shall adopt rules for administering the program, including rules:

(a) Identifying the target population of people with frequent criminal justice involvement and behavioral health conditions to be served by the programs funded with the grants;

(b) Prescribing a methodology for the committee to review and approve grant applications;

(c) Establishing program or service outcome measures;

(d) Establishing criteria for allowing a grantee to use a grant or a portion of a grant to:

(A) Expand the workforce of providers of mental health or substance abuse services in the community; or

(B) Provide permanent, supportive housing for individuals with mental health or substance use disorders; and

(e) Allowing the committee to terminate an agreement with an entity that fails to meet the grant requirements or has been found to have misused funds or committed fraud. The ability to meet the grant requirements may be a consideration in future funding or the amount of funding.

(3) The committee shall allocate funds in the Improving People’s Access to Community-based Treatment, Supports and Services Account established in ORS 430.233 (Improving People’s Access to Community-based Treatment, Supports and Services Account) to grantees. The funds may not be used for a purpose other than the programs providing supports and services for which the grants were awarded.

(4) If unallocated funds remain at the conclusion of the grant acceptance period, the committee may establish a supplemental grant period and distribute the unallocated funds to the counties or Oregon’s federally recognized Indian tribes that received grants.

(5) Up to 20 percent of the funds in the account may be used for operating a statewide program to support the design and implementation of community-based services, including but not limited to:

(a) Technical assistance to prospective grantees in developing proposals, particularly for developing proposals for supportive housing;

(b) Technical assistance to grantees for troubleshooting data collection requirements and sharing information with third parties as necessary for carrying out the programs;

(c) Statewide training, provided in-person and remotely, for grantees and nongrantees, focused on improving outcomes for the target population;

(d) Making resources available to district attorneys and defense attorneys for consultation on cases involving defendants with complex behavioral health issues;

(e) Developing or strengthening a centralized system to make available to communities practitioners in professional specialties for which there is a shortage, including practitioners of addiction medicine and psychiatry; and

(f) A one-time investment in information technology to support the data system needs for the evaluation, accountability and innovation components of the program.

(6) Intentionally left blank —Ed.

(a) The committee shall procure and enter into contracts for goods, services and personal services related to the creation, operation, maintenance and management of information technology systems for the purpose of carrying out this section.

(b) The committee shall procure and enter into contracts for goods, services and personal services related to designing, developing, conducting, performing and completing research, review, audits, statistical analyses, investigations, studies, reports and evaluations for the purpose of carrying out this section.

(7) Three percent of the funds in the account must be used to support outcome measures, evaluation or both.

(8) An application for a grant must be submitted by the federally recognized Indian tribe or the local public safety coordinating council on behalf of the county and:

(a) Must include:

(A) Letters of support and commitments from community leaders or organizations that are not members of the local public safety coordinating council, including but not limited to:

(i) Agencies working with homeless individuals;

(ii) Behavioral health care providers;

(iii) Coordinated care organizations; and

(iv) Local hospitals.

(B) For applications from counties, a report of the input from the local federally recognized Indian tribes and, to the extent feasible, an explanation of how the input was incorporated into the design of the program, supports and services.

(C) For applications from federally recognized Indian tribes, a report of the input from the local public safety coordinating council and, to the extent feasible, an explanation of how the input was incorporated into the design of the program, supports and services.

(D) An agreement to screen all participants receiving supports and services funded by the grants for potential eligibility for medical assistance and to assist eligible participants to apply for medical assistance, including an agreement for a process for sharing data and protecting the confidentiality of recipients among the program participants.

(E) A process for program partners, participating jails and hospitals to:

(i) Provide information upon admission or at intake about the potential risks and benefits of tribal notification; and

(ii) Offer tribal members the opportunity to disclose their statuses and situations to the federally recognized Indian tribe of their choosing.

(b) May include a request to have more flexibility in using existing state funding to provide supports and services that address the need described in subsection (1) of this section.

(9) Annually, grantees shall report to the committee and to the Oregon Health Authority the medical assistance enrollment data in addition to other outcome measures or evaluation metrics collected as part of the grant for participants receiving supports and services provided with funds from the grants. [2019 c.563 §1]

Note: See note under 430.230 (Definitions) .

Source: Section 430.231 — Improving People’s Access to Community-based Treatment, Supports and Services Program established; purpose; duties of Grant Review Committee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.335 — OR Code / Title 35 / Chapter 430 / Section 430.335
430.335 Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders
Status: in_force

In accordance with the policies, priorities and standards established by the Alcohol and Drug Policy Commission under ORS 430.223 (Comprehensive addiction, prevention, treatment and recovery plan) , and subject to the availability of funds therefor, the Oregon Health Authority may:

(1) Provide directly through publicly operated treatment facilities, which shall not be considered to be state institutions, or by contract with publicly or privately operated profit or nonprofit treatment facilities, for the care of individuals with substance use disorders.

(2) Sponsor and encourage research of substance use disorders.

(3) Seek to coordinate public and private programs relating to substance use disorders.

(4) Apply for federally granted funds available for study or prevention and treatment of substance use disorders.

(5) Directly or by contract with public or private entities, administer financial assistance, loan and other programs to assist the development of housing for individuals with substance use disorders. [1971 c.622 §4; 1973 c.795 §7; 1987 c.61 §2; 2007 c.14 §6; 2009 c.595 §482; 2011 c.673 §19; 2021 c.667 §12]

Source: Section 430.335 — Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.355 — OR Code / Title 35 / Chapter 430 / Section 430.355
430.355 Grant application may cover more than one service
Status: in_force

An application for funds under ORS 430.345 (Grants for prevention of, intervention in and treatment for substance use disorders) to 430.380 (Mental Health Alcoholism and Drug Services Account) may contain requests for funds to establish, operate and maintain any number of alcohol and drug abuse prevention, early intervention and treatment services. [1973 c.682 §5; 1977 c.856 §7; 1987 c.53 §4]

Source: Section 430.355 — Grant application may cover more than one service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.634 — OR Code / Title 35 / Chapter 430 / Section 430.634
430.634 Evaluation of programs
Status: in_force

(1) In order to improve services to persons with mental or emotional disturbances and provide information for uniform analysis, each community mental health program shall collect and report data and evaluate programs in accordance with methods prescribed by the Oregon Health Authority after consultation with the program directors.

(2) Information collected by the authority under subsection (1) of this section shall include, but need not be limited to:

(a) Numbers of persons served;

(b) Ages of persons served;

(c) Types of services provided; and

(d) Cost of services.

(3) Within the limits of available funds allocated for the administration of community mental health programs, community mental health programs shall collect data and evaluate programs with moneys provided by the authority. The authority shall distribute funds so that programs within the same population grouping shall receive equal amounts of funds. The population groupings are:

(a) More than 400,000 population.

(b) Less than 400,000 but more than 100,000.

(c) Less than 100,000 but more than 50,000.

(d) Less than 50,000.

(4) During the first biennium that a new service is funded by the authority, two percent of the service funds shall be set aside for use in data collection and evaluation of the service. Thereafter, the service shall be evaluated as a part of the total community mental health program. [Formerly 430.665]

Source: Section 430.634 — Evaluation of programs; population schedule for distributing funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.250 — OR Code / Title 35 / Chapter 426 / Section 426.250
426.250 Payment of costs related to commitment proceedings
Status: in_force

The following is a nonexclusive list of responsibilities for payment of various costs related to commitment proceedings under this chapter as described:

(1) Any physician or qualified professional recommended by the Oregon Health Authority who is employed under ORS 426.110 (Appointment of examiners) to make an examination as to the mental condition of a person alleged to have a mental illness shall be allowed a fee as the court in its discretion determines reasonable for the examination.

(2) Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases, and are subject to compulsory attendance in the same manner as provided in ORS 136.567 (Issuance of subpoena for witnesses for defendant) to 136.603 (Payment of witness who is from outside state or is indigent) . The attendance of out-of-state witnesses may be secured in the same manner as provided in ORS 136.623 (Definitions) to 136.637 (Short title) . The party who subpoenas the witness or requests the court to subpoena the witness is responsible for payment of the cost of the subpoena and payment for the attendance of the witness at a hearing. When the witness has been subpoenaed on behalf of a person alleged to have a mental illness who is represented by appointed counsel, the fees and costs allowed for that witness shall be paid pursuant to ORS 135.055 (Compensation and expenses of appointed counsel) . If the costs of witnesses subpoenaed by the person are paid as provided under this subsection, the procedure for subpoenaing witnesses shall comply with ORS 136.570 (Application for subpoenas for more than 10 witnesses) .

(3) If a person with a right to a counsel under ORS 426.100 (Advice of court) , 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) or 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) is determined to be financially eligible for appointed counsel at state expense, the executive director of the Oregon Public Defense Commission shall determine and pay, as provided in ORS 135.055 (Compensation and expenses of appointed counsel) , the reasonable expenses related to the representation of the person and compensation for legal counsel. The expenses and compensation so allowed shall be paid by the executive director from funds available for the purpose.

(4) The authority shall pay the costs of expenses incurred under ORS 426.100 (Advice of court) by the Attorney General’s office. Any costs for district attorneys or other counsel appointed to assume responsibility for presenting the state’s case shall be paid by the county where the commitment hearing is held, subject to reimbursement under ORS 426.310 (Reimbursement of county expenses for commitment proceedings involving nonresidents) .

(5) All costs incurred in connection with a proceeding under ORS 426.180 (Emergency commitment of individuals in Indian country) , 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) or 426.702 (Discharge from commitment of extremely dangerous person with qualifying mental disorder) , including the costs of transportation, commitment and delivery of the person, shall be paid by the community mental health program in the county of which the person is a resident. If the person is not a resident of this state, then the costs incurred in connection with the proceeding shall be paid by the community mental health program in the county from which the emergency admission was made.

(6) All costs incurred in connection with a proceeding under ORS 426.180 (Emergency commitment of individuals in Indian country) for the commitment of a person from a reservation, including the cost of transportation, commitment and delivery of the person, shall be paid by the governing body of the reservation of which the person is a resident. [Amended by 1965 c.420 §2; 1975 c.690 §17; 1977 c.764 §6; 1987 c.606 §9; 1987 c.903 §§26,26a; 2001 c.962 §59; 2009 c.595 §412; 2011 c.720 §162; 2012 c.25 §4; 2013 c.360 §46; 2013 c.715 §9; 2015 c.785 §5; 2023 c.281 §72]

Source: Section 426.250 — Payment of costs related to commitment proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.708 — OR Code / Title 35 / Chapter 430 / Section 430.708
430.708 Priority for preventive services for children
Status: in_force

The children’s mental health programs of the Oregon Health Authority shall address preventive services under ORS 430.630 (Services to be provided by community mental health programs) (3)(L). The authority budget shall give high priority to such services. [Formerly 430.635]

Note: 430.708 (Priority for preventive services for children) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 430.708 — Priority for preventive services for children , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.256 — OR Code / Title 35 / Chapter 430 / Section 430.256
430.256 Planning and administering alcohol and drug treatment programs
Status: in_force

(1) The Director of the Oregon Health Authority shall administer alcohol and drug abuse programs, including but not limited to programs or components of programs described in ORS 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) and 475.225 (Education and research) and ORS chapters 430 and 801 to 822.

(2) Subject to ORS 417.300 (Purpose of ORS 417.305) and 417.305 (Legislative findings relating to serving children and families) , the director shall:

(a) Report to the Alcohol and Drug Policy Commission on accomplishments and issues occurring during each biennium, and report on a new biennial plan describing resources, needs and priorities for all alcohol and drug abuse programs.

(b) Develop within the Oregon Health Authority priorities for alcohol and drug abuse programs and activities.

(c) Conduct statewide and special planning processes that provide for participation from state and local agencies, groups and individuals.

(d) Identify the needs of special populations including minorities, elderly, youth, women and individuals with disabilities.

(e) Subject to ORS chapter 183, adopt such rules as are necessary for the performance of the duties and functions specified by this section.

(3) The director may apply for, receive and administer funds, including federal funds and grants, from sources other than the state. Subject to expenditure limitation set by the Legislative Assembly, funds received under this subsection may be expended by the director:

(a) For the study, prevention or treatment of alcohol and drug abuse and dependence in this state.

(b) To provide training, both within this state and in other states, in the prevention and treatment of alcohol and drug abuse and dependence.

(4) The director shall, in consultation with state agencies and counties, establish guidelines to coordinate program review and audit activities by state agencies and counties that provide funds to alcohol and drug prevention and treatment programs. The purpose of the guidelines is to minimize duplication of auditing and program review requirements imposed by state agencies and counties on alcohol and drug prevention and treatment programs that receive state funds, including programs that receive beer and wine tax revenues under ORS 430.380 (Mental Health Alcoholism and Drug Services Account) and 471.810 (Distribution of available moneys in Oregon Liquor and Cannabis Commission Account) . [Formerly 409.410; 2017 c.17 §37]

Note: 430.256 (Planning and administering alcohol and drug treatment programs) 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 430.256 — Planning and administering alcohol and drug treatment programs; establishment of guidelines for program reviews and audits; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.275 — OR Code / Title 35 / Chapter 427 / Section 427.275
427.275 Fees of persons appointed by court to perform diagnostic evaluations
Status: in_force

(1) Any physician, naturopathic physician or psychologist employed by the court to make a diagnostic evaluation of a person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, shall be allowed a fee as the court in its discretion determines reasonable for the evaluation. The costs of the evaluation shall be paid by the county of residence of the person or, if the person has no residence within the state, by the county in which the person is taken into custody. The county shall not be held responsible for the costs of prior examinations or tests reported to the court, or of diagnostic evaluations performed or arranged by the community developmental disabilities program or Department of Human Services.

(2) Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases and are subject to compulsory attendance in the same manner as provided in ORS 136.567 (Issuance of subpoena for witnesses for defendant) to 136.603 (Payment of witness who is from outside state or is indigent) . The attendance of out-of-state witnesses may be secured in the same manner as provided in ORS 136.623 (Definitions) to 136.637 (Short title) . The party who subpoenas the witness or requests the court to subpoena the witness is responsible for payment of the cost of the subpoena and payment for the attendance of the witness at a hearing. When the witness has been subpoenaed on behalf of a person who is represented by appointed counsel, the fees and costs allowed for that witness shall be paid pursuant to ORS 135.055 (Compensation and expenses of appointed counsel) . [1979 c.683 §31; 1987 c.606 §10; 2001 c.962 §72; 2009 c.595 §445; 2011 c.658 §18; 2017 c.356 §53]

Source: Section 427.275 — Fees of persons appointed by court to perform diagnostic evaluations; payment by counties; witnesses; fees; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.550 — OR Code / Title 35 / Chapter 430 / Section 430.550
430.550 Discrimination prohibited
Status: in_force

A person, otherwise eligible, may not be denied evaluation or treatment under ORS 430.450 (Definitions for ORS 430.450 to 430.555) to 430.555 (Liability for violation of civil rights or injuries to participant) on account of the person’s race, religion, sex, sexual orientation, gender identity, nationality, age or ability to pay. [1977 c.871 §24; 2007 c.100 §26; 2021 c.367 §25]

Source: Section 430.550 — Discrimination prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.380 — OR Code / Title 35 / Chapter 426 / Section 426.380
426.380 Availability of writ of habeas corpus
Status: in_force

Any individual committed 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) shall be entitled to the writ of habeas corpus upon proper petition by the individual or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the state hospital in which the person is detained is located. [1967 c.460 §6]

Source: Section 426.380 — Availability of writ of habeas corpus , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.231 — OR Code / Title 35 / Chapter 426 / Section 426.231
426.231 Hold by licensed independent practitioner
Status: in_force

(1) A licensed independent practitioner may hold a person for transportation to a treatment facility for up to 12 hours in a health care facility licensed under ORS chapter 441 and approved by the Oregon Health Authority if:

(a) The licensed independent practitioner believes the person is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness;

(b) The licensed independent practitioner is not related to the person by blood or marriage; and

(c) A licensed independent practitioner with admitting privileges at the receiving facility consents to the transporting.

(2) Before transporting the person, the licensed independent practitioner shall prepare a written statement that:

(a) The licensed independent practitioner has examined the person within the preceding 12 hours;

(b) A licensed independent practitioner with admitting privileges at the receiving facility has consented to the transporting of the person for examination and admission if appropriate; and

(c) The licensed independent practitioner believes the person is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness.

(3) The written statement required by subsection (2) of this section authorizes a peace officer, an individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) or the designee of a community mental health program director to transport a person to the treatment facility indicated on the statement. [1993 c.484 §3; 1997 c.531 §3; 2009 c.595 §403; 2013 c.360 §39; 2015 c.461 §12]

Note: See note under 426.228 (Custody) .

Source: Section 426.231 — Hold by licensed independent practitioner; when authorized; statement required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.245 — OR Code / Title 35 / Chapter 427 / Section 427.245
427.245 Hearing
Status: in_force

(1) If the court, following receipt of an investigation report under ORS 427.235 (Notice to court of need for commitment) , concludes that there is probable cause to believe that the subject of the investigation has an intellectual disability and is in need of commitment for residential care, treatment and training, it shall, through the issuance of a citation as provided in subsection (2) of this section, cause the person to be brought before it at such time and place as it may direct for a hearing to determine whether the person has an intellectual disability and is in need of commitment for residential care, treatment and training. The person shall be given the opportunity to appear at the hearing. If the person is detained pursuant to ORS 427.255 (Detention prior to investigation or hearing) , the court shall hold the hearing within seven judicial days.

(2) Upon a determination under subsection (1) of this section that probable cause exists to believe that the person has an intellectual disability and is in need of commitment for residential care, treatment and training, the court shall cause a citation to issue to the person or, if the person is incapacitated, to the legal guardian of the person. The citation shall state the specific reasons the person is believed to be in need of commitment for residential care, treatment and training. The citation shall also contain a notice of the time and place of the commitment hearing, the right to legal counsel, the right to have legal counsel appointed if the person is unable to afford legal counsel, the right to have legal counsel appointed immediately if so requested, the right to subpoena witnesses in behalf of the person to testify at the hearing, the right to cross-examine all witnesses and such other information as the court may direct. The citation shall be served on the person by the community developmental disabilities program director or the designee of the director delivering a duly certified copy of the original to the person prior to the hearing. The person or the legal guardian of the person shall have the opportunity to consult with legal counsel prior to being brought before the court. The community developmental disabilities program director or the designee of the director shall advise the person of the purpose of the citation and the possible consequences of the proceeding. [1979 c.683 §18; 1989 c.242 §1; 2009 c.595 §443; 2011 c.658 §14; 2023 c.339 §5]

Source: Section 427.245 — Hearing; citation to appear; notice; right to legal counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.915 — OR Code / Title 35 / Chapter 430 / Section 430.915
430.915 Health care providers to encourage counseling and therapy
Status: in_force

If during routine pregnancy or prenatal care, the attending health care provider determines that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, or the patient admits such use to the provider, it is the policy of this state that the provider encourage and facilitate counseling, drug therapy and other assistance to the patient in order to avoid having the child, when born, become subject to protective services. [1989 c.1046 §3]

Source: Section 430.915 — Health care providers to encourage counseling and therapy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.502 — OR Code / Title 35 / Chapter 426 / Section 426.502
426.502 Definitions for ORS 426.502 to 426.508
Status: in_force

As used in ORS 426.502 (Definitions for ORS 426.502 to 426.508) to 426.508 (Sale of F. H. Dammasch State Hospital) :

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

(2) “Community housing” means property and related equipment that are used or could be used to house persons with chronic mental illness and their care providers. “Community housing” includes single-family housing and multiple-unit residential housing.

(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 or appliances that are used or could be used to provide care in community housing.

(5) “Multiple-unit residential housing” means housing that provides two or more living units and spaces for common use by the occupants in social and recreational activities. “Multiple-unit residential housing” may include nonhousing facilities incidental or appurtenant to the housing that, in the determination of the authority, improve the quality of the housing.

(6) “Person with a chronic mental illness” has the meaning given that term in ORS 426.495 (Definitions for ORS 426.490 to 426.500) .

(7) “Single-family housing” means a detached living unit with common living room and dining facilities for at least three occupants with chronic mental illness. “Single-family housing” may include nonhousing facilities incidental or appurtenant to the housing that, in the determination of the authority, improve the quality of the housing. [1999 c.983 §2; 2005 c.11 §1; 2007 c.70 §210; 2009 c.595 §429]

Source: Section 426.502 — Definitions for ORS 426.502 to 426.508 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.220 — OR Code / Title 35 / Chapter 430 / Section 430.220
430.220 Director
Status: in_force

(1) The Governor shall appoint a Director of the Alcohol and Drug Policy Commission who shall serve at the pleasure of the Governor and be responsible for the dissemination and implementation of the Alcohol and Drug Policy Commission’s policies and the performance of the commission’s duties, functions and powers.

(2) The director shall be paid a salary as provided by law or, if not so provided, as prescribed by the Governor.

(3) Subject to ORS chapter 240, the director shall appoint all employees of the commission, prescribe their duties and fix their compensation.

(4) The director has all powers necessary to effectively and expeditiously carry out the duties, functions and powers of the commission.

(5) The director shall enter into agreements with participating state agencies for the sharing of information as necessary to carry out the duties of the commission. The agreements shall ensure the confidentiality of all information that is protected from disclosure by state and federal laws. [2018 c.44 §2; 2022 c.63 §1]

Note: 430.220 (Director) to 430.223 (Comprehensive addiction, prevention, treatment and recovery plan) 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 430.220 — Director; appointment; powers and duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.535 — OR Code / Title 35 / Chapter 430 / Section 430.535
430.535 Requirement to develop bilingual forms
Status: in_force

(1) The Oregon Health Authority shall, subject to the availability of funds, develop bilingual forms to assist non-English-speaking persons in understanding their 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) .

(2) The authority shall assist county mental health programs in the development of comprehensive and coordinated identification, evaluation, treatment, education and rehabilitation services for the drug-dependent person. The State Plan for Drug Problems shall be consistent with such system. [1977 c.871 §§3,14; 1985 c.740 §16; 2009 c.595 §500; 2009 c.856 §§13,22]

Source: Section 430.535 — Requirement to develop bilingual forms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.255 — OR Code / Title 35 / Chapter 426 / Section 426.255
426.255 County to pay costs
Status: in_force

Costs of hearings conducted pursuant to ORS 426.307 (Court hearing) , and the fees for physicians and other examiners shall be charged to the county of the person’s residence in the same manner provided by ORS 426.310 (Reimbursement of county expenses for commitment proceedings involving nonresidents) , whether the hearing is held in the county of residence or county of the treating facility. [1973 c.838 §19; 1987 c.803 §23; 1987 c.903 §27; 2013 c.360 §47]

(Trial Visits; Conditional Release; Outpatient Commitment; Early Release)

Source: Section 426.255 — County to pay costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.217 — OR Code / Title 35 / Chapter 426 / Section 426.217
426.217 Change of status of committed patient to voluntary patient
Status: in_force

At any time after commitment by the court, the person, with the approval of the Oregon Health Authority or its designee, may change the status of the person to that of a voluntary patient. Notwithstanding ORS 426.220 (Voluntary admission) , any person who alters status to that of a voluntary patient under this section shall be released from the treating facility within 72 hours of the request of the person for release. [1973 c.838 §14; 1975 c.690 §15; 2009 c.595 §398]

Source: Section 426.217 — Change of status of committed patient to voluntary patient; effect of change , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 426.495 — OR Code / Title 35 / Chapter 426 / Section 426.495
426.495 Definitions for ORS 426.490 to 426.500
Status: in_force

(1) As used in ORS 426.490 (Policy) to 426.500 (Powers and duties of Oregon Health Authority) , unless the context requires otherwise:

(a) “Case manager” means a person who works on a continuing basis with a person with a chronic mental illness and is responsible for assuring the continuity of the various services called for in the discharge plan of the person with a chronic mental illness including services for basic personal maintenance, mental and personal treatment, and appropriate education and employment.

(b) “Discharge plan” means a written plan prepared jointly with the person with a chronic mental illness, mental health staff and case manager prior to discharge, prescribing for the basic and special needs of the person upon release from the hospital.

(c) “Person with a chronic mental illness” means an individual who is:

(A) Eighteen years of age or older; and

(B) Diagnosed by a psychiatrist, a licensed clinical psychologist, a licensed independent practitioner as defined in ORS 426.005 (Definitions for ORS 426.005 to 426.390) or a nonmedical examiner certified by the Oregon Health Authority or the Department of Human Services as having chronic schizophrenia, a chronic major affective disorder, a chronic paranoid disorder or another chronic psychotic mental disorder other than those caused by substance abuse.

(2) For purposes of providing services in the community, the authority may adopt rules consistent with accepted professional practices in the fields of psychology and psychiatry to specify other criteria for determining who is a person with a chronic mental illness. [1979 c.784 §2; 1987 c.903 §35; 2007 c.70 §208; 2009 c.595 §427; 2011 c.720 §164; 2015 c.461 §20]

Note: See note under 426.490 (Policy) .

Source: Section 426.495 — Definitions for ORS 426.490 to 426.500; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.370 — OR Code / Title 35 / Chapter 430 / Section 430.370
430.370 County contracts for services
Status: in_force

(1) A county may provide alcohol and drug abuse prevention, early intervention and treatment services by contracting therefor with public or private, profit or nonprofit agencies. A county entering into such a contract shall receive grants under ORS 430.345 (Grants for prevention of, intervention in and treatment for substance use disorders) to 430.380 (Mental Health Alcoholism and Drug Services Account) only if the contracting agency meets the requirements of ORS 430.345 (Grants for prevention of, intervention in and treatment for substance use disorders) or is a sobering facility registered under ORS 430.262 (Registration of sobering facilities) .

(2) A city and county, or any combination thereof, may enter into a written agreement, as provided in ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.620 (Effect of corrected certificate on payments to cities or counties) , jointly to establish, operate and maintain alcohol and drug abuse prevention, early intervention and treatment services. [1973 c.682 §§8,9; 1977 c.856 §14; 1987 c.53 §10; 1987 c.61 §3; 2017 c.204 §3]

Source: Section 430.370 — County contracts for services; joint county-city operation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.216 — OR Code / Title 35 / Chapter 430 / Section 430.216
430.216 Report to Legislative Assembly
Status: in_force

(1) The Department of Human Services shall report to each odd-numbered year regular session of the Legislative Assembly:

(a) On the safety of individuals receiving developmental disability services including, but not limited to:

(A) The average turnover of direct care workers in service settings.

(B) A summary of the training provided by the department or its contractors to direct care workers in service settings.

(C) A summary of the core competencies required of direct care workers in service settings by the state for licensing or certification.

(D) A summary of the average wages of direct care workers in service settings, presented by type of services provided.

(E) The number of complaints of abuse filed as required by ORS 430.765 (Duty of officials to report abuse) and received by the department under ORS 430.743 (Abuse report) , reported by type of allegation.

(F) The number of direct care workers in service settings who were subject to criminal or civil action involving an individual with a developmental disability.

(G) The number of deaths, serious injuries, sexual assaults and rapes alleged to have occurred in service settings.

(b) A schedule of all license fees and civil penalties established by the department by rule pursuant to ORS 443.455 (Civil penalties) and 443.790 (Authority to impose civil penalty) .

(2) The department shall provide the report described in subsection (1)(a) of this section to the appropriate legislative committees, the Oregon Council on Developmental Disabilities and to the agency designated to administer the state protection and advocacy system under ORS 192.517 (Access to records of individual with disability or individual with mental illness) .

(3) As used in this section, “service settings” means any of the following that provide developmental disability services:

(a) An adult foster home as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825) ;

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

(c) A location where home health services, as defined in ORS 443.014 (Definitions for ORS 443.014 to 443.105) , are received by a resident;

(d) A location where in-home care services, as defined in ORS 443.305 (Definitions for ORS 443.305 to 443.350) , are received by a resident; and

(e) A domiciliary care facility as defined in ORS 443.205 (Definitions for ORS 443.215 and 443.225) . [2009 c.837 §4; 2009 c.828 §79; 2011 c.9 §60; 2011 c.545 §54; 2013 c.36 §29; 2017 c.679 §37]

Note: 430.216 (Report to Legislative Assembly) 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 430.216 — Report to Legislative Assembly , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.395 — OR Code / Title 35 / Chapter 426 / Section 426.395
426.395 Posting of statement of rights of committed persons
Status: in_force

A simple and clear statement of rights guaranteed to patients committed to the Oregon Health Authority shall be prominently posted in each room frequented by patients in all facilities housing such patients. A copy of the statement shall be given to each patient upon admission and sent, upon request, to the legal counsel, guardian, relative or friend of the patient. The statement shall include 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). [1973 c.838 §31; 2003 c.14 §238; 2007 c.57 §1; 2009 c.595 §425]

Source: Section 426.395 — Posting of statement of rights of committed persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.705 — OR Code / Title 35 / Chapter 430 / Section 430.705
430.705 Mental health services for children
Status: in_force

Notwithstanding ORS 430.640 (Duties of Oregon Health Authority in assisting and supervising community mental health programs) , the State of Oregon, through the Oregon Health Authority, may establish the necessary facilities and provide comprehensive mental health services for children throughout the state. These services may include, but need not be limited to:

(1) The prevention of mental illness, emotional disturbances and drug dependency in children; and

(2) The treatment of children with mental illness, emotional disturbances and drug dependency. [1971 c.300 §2; 1999 c.59 §122; 2001 c.900 §140a; 2007 c.70 §235; 2009 c.595 §521]

Source: Section 430.705 — Mental health services for children , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.238 — OR Code / Title 35 / Chapter 426 / Section 426.238
426.238 Classifying facilities
Status: in_force

The Oregon Health Authority may assign classifications, as defined by rule of the authority, to facilities that provide care and treatment for persons committed to the authority under ORS 426.130 (Court determination of mental illness) or provide emergency care or treatment for persons pursuant to ORS 426.070 (Initiation) , 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) or 426.237 (Prehearing detention) . The authority may authorize a facility to retake custody of a person who unlawfully leaves a facility as provided in ORS 426.223 (Retaking persons in custody of or committed to Oregon Health Authority) . [1993 c.484 §10; 2009 c.595 §410]

Note: See note under 426.228 (Custody) .

Source: Section 426.238 — Classifying facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 427.403 — OR Code / Title 35 / Chapter 427 / Section 427.403
427.403 Commission to establish statewide regional advisory committee
Status: in_force

The Oregon Human Rights Commission shall establish by rule a statewide regional advisory committee system. At a minimum, the system shall establish a process by which the regional advisory committees may conduct informational hearings regarding the violation of the rights of individuals who have intellectual or developmental disabilities and relay the information received to the commission for the commission’s consideration in adopting rules. [2019 c.296 §3]

Source: Section 427.403 — Commission to establish statewide regional advisory committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.725 — OR Code / Title 35 / Chapter 430 / Section 430.725
430.725 Gifts and grants
Status: in_force

The Oregon Health Authority shall have authority to contract with private, nonprofit agencies and persons for receipt of grants-in-aid and other funds to be applied to child mental health service programs. [1971 c.300 §4; 2009 c.595 §523]

Source: Section 430.725 — Gifts and grants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.223 — OR Code / Title 35 / Chapter 426 / Section 426.223
426.223 Retaking persons in custody of or committed to Oregon Health Authority
Status: in_force

In retaking custody of a person with mental illness who has been committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness) and who has, without lawful authority, left the custody of the facility to which the person has been assigned under ORS 426.060 (Commitment to Oregon Health Authority) , or in the case of a person alleged to have a mental illness who is in custody under ORS 426.070 (Initiation) , 426.095 (Commitment hearing) , 426.228 (Custody) to 426.235 (Transfer between hospital and nonhospital facilities) or 426.237 (Prehearing detention) at a hospital or nonhospital facility and who has, without lawful authority, left the hospital or nonhospital facility, the facility director or designee has all the powers provided by ORS 133.225 (Arrest by private person) and 161.255 (Use of physical force by private person making citizen’s arrest) and may require the assistance of any peace officer or other authorized individual. [1975 c.690 §25; 1993 c.484 §20; 2009 c.595 §400; 2013 c.360 §37]

Source: Section 426.223 — Retaking persons in custody of or committed to Oregon Health Authority; assistance of peace officers and others , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.391 — OR Code / Title 35 / Chapter 430 / Section 430.391
430.391 Behavioral Health Resource Network statewide telephone hotline
Status: in_force

(1) The Oregon Health Authority shall establish a Behavioral Health Resource Network statewide telephone hotline to provide screenings 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) (2)(e)(A) to any caller who is a resident of this state.

(2) The telephone hotline shall be staffed 24 hours a day, seven days a week, every calendar day of the year. Following a screening, at the request of a caller, the telephone hotline shall promptly provide the verification 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) (2)(i). [2021 c.2 §23; 2021 c.10 §17; 2021 c.591 §21; 2023 c.248 §9]

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

Source: Section 430.391 — Behavioral Health Resource Network statewide telephone hotline , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 426.225 — OR Code / Title 35 / Chapter 426 / Section 426.225
426.225 Voluntary admission to state hospital of committed person
Status: in_force

(1) If any person who has been committed to the Oregon Health Authority under ORS 426.127 (Outpatient commitment) or 426.130 (Court determination of mental illness) (1)(a)(B) or (C) requests, during this period of commitment, voluntary admission to a state hospital, the superintendent shall cause the person to be examined immediately by a licensed independent practitioner. If the licensed independent practitioner finds the person to be in need of immediate care or treatment for mental illness, the person shall be voluntarily admitted.

(2) If any person who has been committed to the authority under ORS 426.127 (Outpatient commitment) or 426.130 (Court determination of mental illness) (1)(a)(B) or (C) requests, during this period of commitment, voluntary admission to a facility approved by the authority, the administrator of the facility shall cause the person to be examined immediately by a licensed independent practitioner. If the licensed independent practitioner finds the person to be in need of immediate care or treatment for mental illness, and the authority grants approval, the person shall be voluntarily admitted. [1989 c.993 §2; 2009 c.595 §401; 2015 c.461 §10]

Source: Section 426.225 — Voluntary admission to state hospital of committed person; examination by licensed independent practitioner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors426.­html (accessed May 26, 2025).
ORS § 430.900 — OR Code / Title 35 / Chapter 430 / Section 430.900
430.900 Definitions for ORS 430.900 to 430.930
Status: in_force

As used in ORS 430.900 (Definitions for ORS 430.900 to 430.930) to 430.930 (Substance use disorder education at Oregon Health and Science University) , “substance” has the meaning of “controlled substance” as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) and includes alcoholic beverages or other substances with abuse potential. [1989 c.1046 §7]

Source: Section 430.900 — Definitions for ORS 430.900 to 430.930 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.455 — OR Code / Title 35 / Chapter 430 / Section 430.455
430.455 Information to arrested person believed to have substance use disorder
Status: in_force

When a person is arrested for violation of the criminal statutes of this state which do not involve crimes of violence against another person, and the officer or person making the arrest has reasonable grounds for believing the arrested individual is a drug-dependent person, the officer or person making the arrest may:

(1) Fully inform the arrested person of the right of the arrested person to evaluation and the possible consequences of such evaluation;

(2) Inform the arrested person of the right of the arrested person to counsel before consenting to evaluation; and

(3) Fully explain the voluntary nature of the evaluation and the limitations upon the confidentiality of the information obtained during the evaluation. [1977 c.871 §7]

Source: Section 430.455 — Information to arrested person believed to have substance use disorder , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.030 — OR Code / Title 35 / Chapter 430 / Section 430.030
430.030 Application of ORS 430.021
Status: in_force

The enumeration of duties, functions and powers under ORS 430.021 (Functions of Department of Human Services and Oregon Health Authority) shall not be deemed exclusive nor construed as a limitation on the powers and authority vested in the Department of Human Services or the Oregon Health Authority by other provisions of law. [1961 c.706 §3; 1969 c.597 §85; 2009 c.595 §460]

Source: Section 430.030 — Application of ORS 430.021 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.565 — OR Code / Title 35 / Chapter 430 / Section 430.565
430.565 Nonapplicability of drug laws to certain persons in treatment program
Status: in_force

The provisions of any law restricting the use, possession, control or administration of a controlled substance shall not apply to any physician, pharmacist or other person while participating in the program authorized by ORS 430.560 (Oregon Health Authority adoption of requirements for contracted drug treatment programs) (1)(c) so long as the physician, pharmacist or other person complies with provisions of ORS 430.560 (Oregon Health Authority adoption of requirements for contracted drug treatment programs) and this section and the rules of the Oregon Health Authority made pursuant to ORS 430.560 (Oregon Health Authority adoption of requirements for contracted drug treatment programs) and this section. [Formerly 475.725; 1979 c.744 §30; 1991 c.574 §4; 2009 c.595 §504]

Source: Section 430.565 — Nonapplicability of drug laws to certain persons in treatment program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 428.320 — OR Code / Title 35 / Chapter 428 / Section 428.320
428.320 Compact administrator
Status: in_force

(1) When the person who is the subject of the Interstate Compact on Mental Health is being transported to or from a facility, the Department of Human Services shall carry out the duties of compact administrator, may adopt rules to carry out more effectively the terms of the compact, and may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. The power of termination of the compact formerly vested in the Board of Control under ORS 428.310 (Execution and termination of compact concerning persons with mental illness or intellectual disability) is vested in the department.

(2) When the person who is the subject of the compact is being transported to or from the Oregon State Hospital, the Oregon Health Authority shall carry out the duties of compact administrator, may adopt rules to carry out more effectively the terms of the compact, and may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. The power of termination of the compact formerly vested in the Board of Control under ORS 428.310 (Execution and termination of compact concerning persons with mental illness or intellectual disability) is vested in the authority. [1957 c.388 §15; 1961 c.706 §28; 2009 c.595 §456; 2013 c.36 §23; 2015 c.318 §20]

Source: Section 428.320 — Compact administrator; rules; supplementary agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 430.670 — OR Code / Title 35 / Chapter 430 / Section 430.670
430.670 Contracts to provide services
Status: in_force

(1) A community developmental disabilities program may provide services by contracting with a public agency, private corporation or individual. All elements of service provided for in the contract shall be considered as a part of a community developmental disabilities program for all purposes of ORS 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds) . Contracts authorized by this section shall comply with rules adopted by the Department of Human Services.

(2) A community mental health program may provide services by contracting with a public agency, private corporation or individual. All elements of service provided for in the contract shall be considered as a part of a community mental health program for all purposes of ORS 430.610 (Legislative policy) to 430.695 (Treatment of certain receipts as offsets to state funds) . Contracts authorized by this section shall comply with rules adopted by the Oregon Health Authority.

(3) A private corporation that contracts with a county, the Department of Human Services or the Oregon Health Authority to operate a community mental health program or community developmental disabilities program shall provide an opportunity for competition among private care providers when awarding subcontracts for provision of services described in ORS 430.630 (Services to be provided by community mental health programs) (1) to (3) and 430.662 (Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services) .

(4) In keeping with the principles of family support expressed in ORS 417.342 (Family support services) and notwithstanding subsection (3) of this section or ORS 291.047 (Public contract approval by Attorney General) (3), an entity operating a community mental health program or community developmental disabilities program may purchase services for an individual from a service provider without first providing an opportunity for competition among other service providers if the service provider is selected by the individual, the individual’s family or the individual’s guardian, as long as the service provider has been approved by the department or the authority to provide such service. [1963 c.117 §1; 1973 c.639 §7; 1981 c.750 §14; 1999 c.524 §1; 2009 c.595 §513; 2011 c.720 §180; 2023 c.128 §2]

Source: Section 430.670 — Contracts to provide services; approval of department or authority; competition for subcontracts; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 430.262 — OR Code / Title 35 / Chapter 430 / Section 430.262
430.262 Registration of sobering facilities
Status: in_force

(1) The Oregon Health Authority shall maintain a registry of sobering facilities.

(2) To be registered, a sobering facility shall send a written request to the Director of the Oregon Health Authority by certified mail, return receipt requested. The written request must include the name and address of the sobering facility and a statement signed by an authorized representative that the facility meets the definition of a sobering facility in ORS 430.306 (Definitions) .

(3) The authority may not impose a fee or other charge for the registration.

(4) The authority shall provide each sobering facility that submits a request for registration with a written confirmation of the facility’s registration no later than 30 days after the authority receives the written request for registration. The confirmation must be sent by certified mail.

(5) The authority shall report to each regular session of the Legislative Assembly, beginning with the 2017 regular session, on the extent to which sobering facilities registered with the authority under this section have provided safe, clean and appropriate environments for police officers to take intoxicated persons. The authority may also report any other information that the authority determines may be useful to the Legislative Assembly in evaluating the benefits of sobering facilities. [2015 c.730 §2; 2017 c.203 §1]

Note: 430.262 (Registration of sobering facilities) 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 430.262 — Registration of sobering facilities; fees prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.295 — OR Code / Title 35 / Chapter 427 / Section 427.295
427.295 Appeal of commitment order
Status: in_force

If a person appeals a commitment order issued under ORS 427.290 (Determination by court of need for commitment) , the court, upon request of the person or upon its own motion and upon finding that the person is financially eligible for appointed counsel at state expense, shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 (Compensation and expenses of appointed counsel) if the circuit court is the appellate court or as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses so allowed shall be paid as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) . [1979 c.867 §15; 1981 s.s. c.3 §136; 1985 c.502 §26; 2001 c.962 §73; 2011 c.658 §22; 2023 c.281 §74]

Source: Section 427.295 — Appeal of commitment order; appointment of legal counsel; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 430.362 — OR Code / Title 35 / Chapter 430 / Section 430.362
430.362 Application requirements for priority consideration
Status: in_force

(1) To receive priority consideration under ORS 430.359 (Funding of services) (2), an applicant shall clearly set forth in its application:

(a) The number of minorities within the county with significant populations of affected persons and an estimate of the nature and extent of the need within each minority population for alcohol and drug abuse prevention, early intervention and treatment services; and

(b) The manner in which the need within each minority population is to be addressed, including support for minority programs under the application.

(2) Minority program funding proposals included within an application must be clearly identified as minority programs and must include distinct or severable budget statements.

(3) Nothing in this section is intended to preclude any minority program from being funded by a city or county or to preclude any other program from serving the needs of minorities. [1977 c.856 §10; 1987 c.53 §7]

Source: Section 430.362 — Application requirements for priority consideration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).
ORS § 427.270 — OR Code / Title 35 / Chapter 427 / Section 427.270
427.270 Report of diagnostic evaluation
Status: in_force

(1) The examining facility conducting the diagnostic evaluation shall make its report in writing to the court. Where components of the diagnostic evaluation have been performed within the previous year according to Department of Human Services rules and ORS 427.105 (Diagnostic evaluations) , and the records of the evaluation are available to the examining facility pursuant to ORS 179.505 (Disclosure of written accounts by health care services provider) and department rules, the results of such evaluation may be introduced in court in lieu of repetition of those components by the examining facility. If the facility finds, and shows by its report, that the person examined has an intellectual disability and is in need of commitment for residential care, treatment and training, the report shall include a recommendation as to the type of treatment or training facility most suitable for the person. The report shall also advise the court whether in the opinion of the examining facility the person and, if the person is incapacitated, the legal guardian of the person would cooperate with voluntary treatment or training and whether the person would benefit either from voluntary treatment or training or from appointment of a legal guardian or conservator.

(2) Upon request by the person or the legal guardian or legal counsel of the person, the court shall appoint an additional physician, naturopathic physician or psychologist, or both, to examine the person and make separate reports in writing to the court. However, the court shall not appoint more than one additional physician or naturopathic physician and one additional psychologist to examine the person. [1979 c.683 §21; 2011 c.658 §17; 2017 c.356 §52; 2023 c.339 §8]

Source: Section 427.270 — Report of diagnostic evaluation; recommendations of examining facility; appointment of persons to conduct additional examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 427.285 — OR Code / Title 35 / Chapter 427 / Section 427.285
427.285 Witnesses required at hearing
Status: in_force

The investigator and other appropriate persons or professionals as necessary shall appear at the hearing and present the evidence. The person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training shall have the right to cross-examine all witnesses, the investigator and the representative. [1979 c.683 §23; 2011 c.658 §20]

Source: Section 427.285 — Witnesses required at hearing; cross-examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).
ORS § 428.250 — OR Code / Title 35 / Chapter 428 / Section 428.250
428.250 Liability for expenses of returning nonresident patients
Status: in_force

(1) Except as provided in ORS 428.270 (Liability of persons for care and return of nonresident persons with mental illness) , all expenses incurred under ORS 428.230 (Return of nonresident patients) and 428.240 (Reciprocal agreements for interstate exchange of nonresident patients) in returning nonresident patients from this state to any other state shall be paid by this state.

(2) All expenses of returning residents of this state shall be borne by the other state making the return. [1957 c.388 §9]

Source: Section 428.250 — Liability for expenses of returning nonresident patients , https://www.­oregonlegislature.­gov/bills_laws/ors/ors428.­html (accessed May 26, 2025).
ORS § 427.348 — OR Code / Title 35 / Chapter 427 / Section 427.348
427.348 Appointment of advisory committee
Status: in_force

The Oregon Council on Developmental Disabilities shall appoint an advisory committee to advise and consult with the Oregon Community Foundation in making expenditures under ORS 427.347 (Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation) . The committee must include one individual each to represent:

(1) Support services brokerages;

(2) Community developmental disability programs;

(3) Oregon coalitions consisting of individuals with intellectual or developmental disabilities who encourage and facilitate self-advocacy by individuals with intellectual or developmental disabilities;

(4) Families of individuals with intellectual or developmental disabilities;

(5) The Housing and Community Services Department;

(6) Community-based residential providers of services to individuals with intellectual or developmental disabilities; and

(7) The system described in ORS 192.517 (Access to records of individual with disability or individual with mental illness) (1). [2019 c.551 §2]

Note: See note under 427.347 (Administration of Developmental Disabilities Community Housing Fund by Oregon Community Foundation) .

Source: Section 427.348 — Appointment of advisory committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors427.­html (accessed May 26, 2025).