justicedao/ipfs_state_laws huggingface dataset:
309-081-0060 Transfer of Behavioral Health Care Worker Service Obligation to Another Employer or Practice Site. In the event of a participating behavioral health care worker moving to another practice site, or accepting a new employment opportunity, the individual may continue to receive their award if it doesn’t breach the terms and conditions of their contractual agreement. The Authority must be notified of the request within 14 days of the transition, and must meet the following criteria to still be considered eligible for their award: (1) A participating behavioral health care worker must still be working in a behavioral health field in Oregon providing direct behavioral health care services full-time or part-time, and must submit a written employment or site transfer request to the Authority documenting: (a) Detailed information regarding the new employer or practice site and the type of organization and behavioral health care services they provide; (b) Name of the director or administrator at the new employment or practice site; (c) A letter from the original practice site releasing the eligible behavioral health care worker from any employment contract (if applicable) and provide an explanation for the termination of employment (if applicable). The Authority may waive this requirement if the original practice site is in non-compliance with federal requirements, federal or state law, or these rules; and (d) An employment contract with the new practice site or employer, a letter of intent from the new practice site or employer to employ the behavioral health care worker, or documentation of the behavioral health care worker having established a sole proprietorship, Limited Liability Corporation, Limited Liability Partnership, or Professional Corporation. (2) The new practice site or employer, in collaboration with the behavioral health care worker, must provide confirmation that the site will cooperate with the behavioral health care worker to comply with the monitoring and follow-up requirements set forth in these rules. Statutory/Other Authority: HB 4071 (2022) Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825 History: BHS 23-2022, adopt filed 12/09/2022, effective 12/09/2022 BHS 9-2022, temporary adopt filed 06/16/2022, effective 06/16/2022 through 12/12/2022
309-081-0070 Suspension or Waiver of Minimum Service Obligation (1) The Authority may agree to suspend the participating behavioral health care worker service obligation for a specified time under circumstances it deems appropriate, including, but not limited to parental leave, medical leave, military service leave, or other factors beyond the behavioral health care worker’s control. During the time of suspension, awards shall be suspended. (2) A recipient requesting a suspension of minimum service obligation shall make a written request to the Authority, citing the reasons and providing documentation of the circumstances. (3) The Authority may waive all or part of the minimum service obligation under the following circumstances: (a) Upon receipt of written documentation acceptable to the Authority of the death of the recipient; (b) Upon receipt of written documentation acceptable to the Authority of the total and permanent disability of the participant; or (c) Upon receipt of written documentation of other significant changes in life circumstances that are out of the control of the recipient and that the Authority determines warrant a waiver of service commitment. (4) If all or part of the minimum service obligation is waived, the Authority may not impose any penalty for failure to meet the obligation. Statutory/Other Authority: HB 4071 (2022) Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825 History: BHS 23-2022, adopt filed 12/09/2022, effective 12/09/2022 BHS 9-2022, temporary adopt filed 06/16/2022, effective 06/16/2022 through 12/12/2022
309-081-0080 Monitoring and Follow-up Requirements (1) To maintain participation in the program, the behavioral health care worker must: (a) Promptly submit quarterly reports signed by the Behavioral Health Care Worker and the administrator or HR personnel of the practice site verifying the behavioral health care worker’s employment, or licensed business; and (b) Provide any additional information as requested by the Authority, including but not limited to: (A) The practice site and behavioral health care worker’s caseload (panel size or equivalent) (if applicable); (B) The practice site and behavioral health care worker’s Medicaid caseload and Medicare caseload (if applicable); (C) Behavioral health care worker’s Full-Time equivalent (FTE) status; and (D) Number and percentages of practice site’s patients whose health care is covered by Medicaid and by Medicare, and the number of patients at the practice site who are uninsured (if applicable). (2) A Behavioral health care worker participating in the program must notify the Authority immediately of any change in employment or practice status. (3) If required documentation is not received within 30 days from the program’s final request, the participating behavioral health care worker’s contract is subject to termination and penalties by the Authority under 309-081-0090 if a waiver is not in place. (4) The behavioral health care worker must at all times be qualified, professionally competent and actively licensed and/or certified where required by law to perform behavioral health care services. The behavioral health care worker, employed Full-Time or Part-time, must provide services within the parameters permitted by the behavioral health care worker’s license or certification. (5) Information disclosed or data provided by a behavioral health care worker, including employment status, is subject to verification by the Authority. Pursuant to 410-081-0080, a recipient of a loan repayment award whose two-year service obligation cannot be validated or verified by the Authority will be considered to have breached the terms and conditions of their contractual agreement. Statutory/Other Authority: HB 4071 (2022) Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825 History: BHS 23-2022, adopt filed 12/09/2022, effective 12/09/2022 BHS 9-2022, temporary adopt filed 06/16/2022, effective 06/16/2022 through 12/12/2022
309-081-0100 Program Integrity (1) The Authority shall analyze and monitor the operation of the program and audit and verify the accuracy and appropriateness of all payments made under the terms of this program. To promote the integrity of the program, the Authority may require participants and any other parties to develop and maintain adequate financial and other documentation as determined by the Board to be necessary. (2) The Authority may communicate with and coordinate any program integrity actions with the federal and state oversight authorities. (3) Any overpayment made to an individual is subject to recovery. The Authority shall take appropriate action and may redress payment errors or false claims for payment under the program. (4) Loan repayment recipients must cooperate in good faith with Authority or their designees, or law enforcement in any investigation, review or audit relating to suspected fraud, waste, or abuse as follows: (a) Loan repayment recipient shall provide immediate access to work-site and reports or other documentation when a request is made in-person. Loan repayment recipient shall provide copies of reports, records or other documentation when requested for desk or remote review. All reports and documents required to be provided must be provided without cost to OHA; (b) Loan repayment recipient shall permit the Authority to inspect, evaluate, or audit books, records, documents, files, accounts, and facilities maintained by or on behalf of the loan repayment recipient as such parties may determine is necessary to establish compliance with program rules or investigate any incident of fraud, waste, or abuse; (c) Loan repayment recipient shall cooperate in good faith with the Authority during any investigation of fraud, waste, or abuse; and (d) In the event that loan repayment recipient reports suspect fraud, waste, or abuse by the loan repayment recipient's employer or other third party, or the loan repayment recipient learns of an Authority or federal oversight authority's investigation the recipient is strictly prohibited from notifying the employer or third party. Statutory/Other Authority: HB 4071 (2022) Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825 History: BHS 23-2022, adopt filed 12/09/2022, effective 12/09/2022 BHS 9-2022, temporary adopt filed 06/16/2022, effective 06/16/2022 through 12/12/2022
309-081-0110 Data Sharing (1) The Authority may not share data about program participants unless legally required to do so a by a public record request, a subpoena or court order.. (2) Data may only be shared for the purposes of planning, program evaluation or analysis with: (a) State agencies, offices, or contractors of the Authority; (b) The Oregon Employment Department; and (c) Non-governmental not noted above only with written approval from the Director of the Authority. (3) The Authority requires applicants and individuals who receive loan repayment funds to submit true, accurate, and complete information and data to the Authority. For the purposes of these rules this includes Provider requests for payment under an agreement or contract, whether submitted as a claim or invoice or other method for requesting payment authorized by administrative rules 309-081. The Authority treats payment, whether on paper or electronically, as certification by the recipient of the following: “This is to certify, under penalty of law, that the foregoing information is true, accurate, and complete. I understand that payment will be from state funds, and that any falsification or concealment of a material fact maybe prosecuted under federal and state laws. Statutory/Other Authority: HB 4071 (2022) Statutes/Other Implemented: ORS 675.375, ORS 675.705, ORS 675.720, ORS 675.745, ORS 675.785 & ORS 675.825 History: BHS 23-2022, adopt filed 12/09/2022, effective 12/09/2022 BHS 9-2022, temporary adopt filed 06/16/2022, effective 06/16/2022 through 12/12/2022
309-083-0000 Purpose and Scope This division establishes the Behavioral Health Care Bonus and Housing Stipend Incentive Program within the Oregon Health Authority (Authority). The program offers grants to organizations that employ credentialed behavioral health care workers with the aim of diversifying the behavioral health workforce by improving recruitment efforts of culturally responsive, culturally specific, and linguistically specific behavioral health care workers. Statutory/Other Authority: ORS 675.655 & 413.042 Statutes/Other Implemented: ORS 675.655 History: BHS 6-2023, adopt filed 01/31/2023, effective 02/01/2023
309-083-0040 Application and Review Process specific to the Behavioral Healthcare Worker Bonus and Housing Stipend Program (1) The Authority may offer its application processes online. (2) The Authority shall review those applications that meet all requirements established in the solicitations issued. (a) The Authority shall return incomplete applications, and upon resubmittal, they shall be processed as of the new date of receipt when they are determined complete; (b) The Authority shall notify applicants of the status of their completed applications as determined by the Authority. (3) The Authority may consider the following factors in determining whether to award a grant to an eligible site for participation in the program which include the: (a) Impact of the project on advancing health equity; (b) Impact of the project on expanding access to culturally responsive, linguistically specific, and culturally specific care; (c) Opportunity for expanding access to linguistically appropriate services; (d) Ability of the organization to leverage existing community resources and partnerships; (e) Opportunity of the project to increase the recruitment and retention of behavioral health workers who are from Communities who are Underserved. Statutory/Other Authority: ORS 675.655 & 413.042 Statutes/Other Implemented: ORS 675.655 History: BHS 6-2023, adopt filed 01/31/2023, effective 02/01/2023
309-083-0050 Program Integrity (1) Awarded programs shall collect data that it will report to the Authority. (2) The Authority shall analyze and monitor the operation of the program, and audit and verify the accuracy and appropriateness of all payments made under the terms of this program. To promote the integrity of the program, the Authority may require participants and any other parties to develop and maintain adequate financial and other documentation as determined by the Authority to be necessary. The Authority may communicate with and coordinate any program integrity actions with the federal and state oversight authorities. (3) Any overpayment made to an individual or carrier is subject to recovery. The Authority shall take appropriate action and may redress payment errors or false claims for payment under the program. Statutory/Other Authority: ORS 675.655 & 413.042 Statutes/Other Implemented: ORS 675.655 History: BHS 6-2023, adopt filed 01/31/2023, effective 02/01/2023
309-083-0060 Data Sharing (1) The Authority may not share data about program participants, other than for purposes of planning, program evaluation or analysis. (2) Data may only be shared with: (a) Agencies, offices, or contractors of the Authority; (b) The Oregon Employment Department; and (c) Non-governmental entities, not noted above, only with written approval from the Director of the Authority. Statutory/Other Authority: ORS 675.655 & 413.042 Statutes/Other Implemented: ORS 675.655 History: BHS 6-2023, adopt filed 01/31/2023, effective 02/01/2023
309-088-0105 Temporary rule language in effect until 03/27/2026. Purpose and Scope (1) Oregon Revised Statutes (ORS) 161.365 and 161.370 recognize that not all criminal defendants who lack Fitness to Proceed (commonly known as Aid and Assist defendants) need to be committed to the State Hospital or remain in jail, but instead should be served in the least restrictive and most integrated environment that is clinically indicated. (2) These rules establish the standards for consultations and other required reports to occur and encourages collaboration between the Court, the Authority, State Hospital, Community Mental Health Program (CMHP), providers, tribal entities, Coordinated Care Organizations (CCO), and parties to the case to the extent permitted by law. The CMHP must provide Community Restoration Reports/Immediate Notification Reports to the Court and the Authority for defendants on community restoration, determined by the court to lack Fitness to Proceed under ORS 161.370 on or after September 29, 2025, and Consultation Reports to the Court, parties to the case, the Authority and State Hospital as described within the Division 88 rules. (3) Any CMHP that has not met one or more of the requirements in OAR 309-088-0125, OAR 309-088-0130, and OAR 309-088-0146, which could include but is not limited to completion of Consultation Reports and/or other reports as required, must submit a written Plan of Correction, available at http://www.oregon.gov/oha/OSH/LEGAL/Pages/information-mental-health-providers.aspx, to the Authority within 7 Judicial Days of discovering that it has not met one or more of the requirements or at the request of the Authority. Plans of Corrections must: (a) Identify the requirement(s) that was not met and the date, name of the corresponding defendant, Court of jurisdiction, and case number; (b) Describe the reason(s) for not meeting the requirement(s); and (c) Describe the step(s) that the CMHP has taken to prevent recurrence and describe the timeline and person responsible to complete future step(s) to prevent recurrence. Statutory/Other Authority: ORS 413.042, ORS 430.640, SB 295 (2021) & HB 2005 (2025) Statutes/Other Implemented: ORS 430.630, ORS 430.640, ORS 161.365 & ORS 161.370 History: BHS 28-2025, temporary amend filed 12/25/2025, effective 01/01/2026 through 03/27/2026 BHS 3-2022, amend filed 01/24/2022, effective 02/01/2022 BHS 18-2021, temporary amend filed 08/18/2021, effective 08/18/2021 through 02/13/2022 BHS 9-2019, temporary amend filed 07/16/2019, effective 07/16/2019 through 01/11/2020 MHS 2-2018, adopt filed 02/05/2018, effective 02/05/2018 MHS 13-2017, temporary adopt filed 10/23/2017, effective 10/23/2017 through 04/20/2018
309-090-0000 Purpose and Scope These rules establish minimum standards for the certification of psychiatrists, licensed psychologists, and regulated social workers, who are Licensed Clinical Social Workers (LCSW), related to performing forensic examinations and evaluations as described in ORS 161.309–161.315, 161.365-370, 419C.378-419C.380, 419C.411, and 419C.524-529. The rules are intended to ensure that forensic evaluations meet consistent quality standards and are conducted by qualified and trained evaluators. The Oregon Health Authority shall provide training, certify qualified applicants and maintain a list of certified forensic evaluators for statewide use. Statutory/Other Authority: ORS 413.042, 161.392 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 161.392, 419C.378 -386, 161.360-370, 419C.411 & 419C.520-529 History: BHS 2-2020, amend filed 01/13/2020, effective 01/14/2020 BHS 18-2019, temporary amend filed 08/28/2019, effective 08/30/2019 through 02/24/2020 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12
309-090-0015 Application Requirements and Process (1) Applications must be submitted to the Authority using a form and in a manner prescribed by the Authority. (2) The application must be accompanied by: (a) Proof of the applicant’s current license permitting them to practice as a psychiatrist, licensed psychologist or LCSW in the State of Oregon. (b) A copy of a current resume or curriculum vitae providing documentation of forensic training and experience. (c) Three redacted forensic evaluation reports of competency or criminal responsibility. If no redacted forensic evaluation reports are available, an applicant may be temporarily certified and may perform evaluations of those charged with crimes other than aggravated murder, murder, or a crime listed in crime listed in ORS 137.700(2) for the purpose of generating reports for the Authority for review; and; (d) A non-refundable application fee of $250.00. (3) After a complete application packet is received the Authority shall: (a) Evaluate the materials to determine whether the applicant is qualified for Full or Temporary Certification; (b) Grant, deny or place conditions on a certification; and (c) Issue a written statement to the applicant of its determination. Statutory/Other Authority: ORS 161.392, 419C.382 & 413.042 Statutes/Other Implemented: ORS 161.295-325, 161.360-370, 419C.378-386, 161.392, 419C.411 & 419C.520-529 History: BHS 2-2020, amend filed 01/13/2020, effective 01/14/2020 BHS 18-2019, temporary amend filed 08/28/2019, effective 08/30/2019 through 02/24/2020 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12
309-090-0030 Forensic Evaluation Review Panel (1) A multi-disciplinary review panel shall be appointed by and serve at the discretion of the Authority to review forensic evaluation reports submitted in support of applications for certification. (2) An individual interested in participating in the Forensic Evaluation Review Panel shall submit a letter of interest and resume to the Authority. (3) Members shall be experienced in the criminal justice system and have familiarity with the issues of competency and criminal responsibility. (4) Members shall serve a two year term and are eligible for reappointment at the discretion of the Authority. Vacancies occurring during a member’s term shall be filled immediately for the remainder of the unexpired term. (5) Members may be reimbursed for the performance of their official duties. Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 419C.378-386, 161.360-370, 419C.411, 161.392 & 419C.520-529 History: BHS 14-2023, amend filed 05/31/2023, effective 06/01/2023 BHS 10-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12
309-090-0035 Forensic Evaluation Review Panel Process (1) Members of the Forensic Evaluation Review Panel shall meet at the discretion of the Authority to review all submitted redacted forensic evaluation reports as the need arises. (2) Redacted forensic evaluation reports shall be reviewed by panel members with different professional backgrounds to determine whether the reports have met the requirements of form and content. (3) Panel members shall issue a report to the Authority with feedback for the certified forensic evaluator. (4) The Review Panel shall participate in the process for reviewing complaints and remediation plans under OAR 309-090-0060 through 309-090-0065 and make recommendations to the Authority if requested. Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 161.360-370, 419C.378-386, 161.392, 419C.411 & 419C.520-529 History: BHS 14-2023, amend filed 05/31/2023, effective 06/01/2023 BHS 11-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 4-2016, f. & cert. ef. 5-3-16 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12
309-090-0040 Forensic Evaluator Training Program (1) The Authority will establish a course of training for persons desiring the issuance of a certificate. At a minimum the training will include a review of: (a) The Oregon statutes and case law applicable to the issues of competency and criminal responsibility; (b) Testing and techniques related to assessing competency and criminal responsibility; (c) The required contents of a report; (d) The ethical standards and considerations relevant to an evaluation of competency and criminal responsibility; (e) Assessment of risk to others and recommendations for treatment and services. (2) Additional specialized training shall be required for evaluators desiring to perform evaluations on children younger than age 15 and other specialized populations. (3) An examination will be administered at the completion of the initial training. (4) Updates to this training shall be provided every two years and consist of information regarding relevant changes to the law, rules, process for Forensic Evaluator Certification, and relevant advanced topics. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 161.392, 413.042 & 419C.382 Statutes/Other Implemented: ORS 161.295-325, 161.360-370, 419C.378-386, 161.392, 419C.411 & 419C.520-529 History: BHS 12-2019, minor correction filed 08/28/2019, effective 08/28/2019 MHS 14-2014, f. & cert. ef. 10-29-14 MHS 13-2012, f. & cert. ef. 6-25-12 MHS 12-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12