justicedao/ipfs_state_laws huggingface dataset:
309-019-0150 Community Mental Health Programs (CMHP) (1) Crisis services must be provided directly or through linkage to a local crisis services provider and must include the following: (a) Twenty-four hours, seven days per week telephone or face-to-face screening within one hour of notification of the crisis event to determine an individual's need for immediate community mental health services; and (b) Twenty-four hours, seven days per week capability to conduct, by or under the supervision of a QMHP, an assessment, resulting in a plan that includes the crisis services necessary to assist the individual and family to stabilize and transition to the appropriate level of care. (2) Case management services must be provided to assist individuals with the following: (a) Gaining access to and maintaining resources such as Social Security benefits, general assistance, food stamps, vocational rehabilitation, and housing; (b) Arrangement of transportation to help them apply for benefits; (c) Referral and coordination to help individuals gain access to services and supports identified in the service plan to include but may not be limited to individuals at risk of suicide; (d) Care coordination and warm handoff processes; and (e) Assist with a follow-up visit within seven days of discharge from an acute care psychiatric hospital. (3) When significant health and safety concerns are identified, program staff must ensure that necessary services or actions occur to address the identified health and safety needs for the individual, including services to individuals at imminent risk of suicide as determined by the assessment. (4) Peer Delivered Services must be made available. Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 430.630, 109.675, 161.390 - 161.400, 413.520 - 413.522, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955, 461.549 & 743A.168 History: BHS 27-2025, amend filed 12/23/2025, effective 01/01/2026 BHS 20-2025, temporary amend filed 09/15/2025, effective 09/15/2025 through 03/13/2026 BHS 33-2024, temporary amend filed 12/27/2024, effective 01/01/2025 through 06/29/2025 MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 1-2017(Temp), f. 1-17-17, cert. ef. 1-18-17 thru 7-16-17 MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17 MHS 4-2014, f. & cert. ef. 2-3-14 MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-019-0157 Enhanced Care Outreach Services (ECOS) (1) To be eligible for Enhanced Care Outreach Services (ECOS), an individual must: (a) Be Medicaid eligible; (b) Meet the diagnostic criteria of severe mental illness with complex behaviors or be approved by the enhanced care services team; (c) Require intensive community mental health services to accomplish or maintain community integration in the least restrictive environment; (d) Be at risk of losing or have a history of failed placement. (e) Have a history of or currently exhibiting two or more of the following: self-endangering behavior, aggressive behavior, intrusive behavior, refractory psychiatric symptoms, complex medication needs, sexually inappropriate behavior, and elopement behavior; (f) Be placed in a community-based residential setting or attempting to gain access to a community-based residential setting that is approved under state or local authorities; (g) Or be at risk of being denied placement due to a history of these factors. (2) ECOS providers must: (a) Provide person-centered, individualized services outlined in the service plan. (b) Provide Care Coordination based on individual needs; (c) Offer resources or trainings specific to the behavioral health needs to in-home or Department licensed facility staff. (d) Ensure the availability of consultation and crisis services staffed by a QMHP /A or the local CMHP available to ECOS provider and the Department licensed facility direct care staff 24-hours per day. (e) Provide services that are in the residence or community based to the fullest extent possible. These services shall be available based off the consumers preference and choice; (f) Provide reports of critical incidences to the Enhanced Care State Coordinators within 72 business hours. A critical incident can be defined as an actual or alleged event or behavior that can or does result in a negative outcome for a consumer including- Death from unknown causes; Emergency Medical Care; Missing Person; Unplanned Hospitalization; Neglect/Abuse/Exploitation/Mistreatment; Damage or theft of property; medication management issues; criminal justice involvement; (g) Submit monthly census reports to Enhanced Care State Coordinators no later than the 10th day of every calendar month. (3) Staffing requirements include: (a) Each ECOS program may have services provided by QMHPs, QMHAs, CADCs, Peer delivered services, and LMPs as indicated in the individual service plan; (b) Each ECOS program must have LMP consultation available; (c) ECOS providers must ensure that CMHP program staff, contractors, volunteers, and interns providing ECOS services are trained and familiar with strategies for delivery of trauma informed and culturally responsive services. Statutory/Other Authority: ORS 161.390, 413.042, 430.640 & 443.450 Statutes/Other Implemented: ORS 161.390 - 161.400, 428.205 - 428.270, 430.010 - 430.210, 430.254 -430.640, 430.850 - 430.955 & 743A.168 History: BHS 23-2024, adopt filed 10/14/2024, effective 10/15/2024
309-019-0170 Outpatient Problem Gambling Treatment and Recovery Services Outpatient problem gambling treatment services include group, individual, and family treatment consistent with the following requirements: (1) Service sessions shall address the challenges of the individual as they relate directly or indirectly to the problem gambling behavior. (2) Providers may provide telephone counseling when face-to-face contact involves an unwise delay, as follows: (a) The individual shall be currently enrolled in the problem gambling treatment program; (b) Phone counseling shall be provided by a qualified program staff within their scope of practice; (c) Service notes for phone counseling shall follow the same criteria as face-to-face counseling and identify the session was conducted by phone and the clinical rationale for the phone session; (d) Telephone counseling shall meet HIPAA and 42 CFR standards for privacy; and (e) There shall be an agreement of informed consent for phone counseling that is discussed with the individual and documented in the individual’s service record. (3) Family counseling includes face-to-face or non-face-to-face service sessions between a program staff member delivering the service and a family member whose life has been negatively impacted by gambling: (a) Service sessions shall address the problems of the family member as they relate directly or indirectly to the problem gambling behavior; and (b) Services to the family shall be offered even if the individual identified as a problem gambler is unwilling or unavailable to accept services. (4) Twenty-four hour crisis response shall be accomplished through agreement with other crisis services, on-call program staff, or other arrangement acceptable to the Division. (5) A financial assessment shall be included in the entry process and documented in the assessment. (6) The service plan shall include a financial component consistent with the financial assessment. (7) A risk assessment for suicide ideation shall be included in the entry process and documented in the assessment as well as appropriate referrals made. (8) The service plan shall address suicidal risks if determined within the assessment process or throughout services. (9) For individuals at risk, the service notes shall contain documented evidence that suicidal risk is continually assessed and that follow-up safety plan activities are being monitored. Statutory/Other Authority: ORS 161.390, 430.640 & 461.549 Statutes/Other Implemented: ORS 161.390 - 161.400, 179.505, 413.520 - 413.522, 426.380- 426.395, 426.490 - 426.500, 428.205 - 428.270, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955 & 443.400 - 443.460 History: MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 3-2015, f. & cert. ef. 5-28-15 MHS 1-2015(Temp), f. & cert. ef. 3-25-15 thru 9-20-15 MHS 4-2014, f. & cert. ef. 2-3-14 MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-019-0190 Community-Based Substance Use Treatment Programs for Individuals in the Criminal Justice System (1) For individuals in the criminal justice system, community-based substance use treatment services and supports are for individuals who are under the supervision of a probation officer or on parole or post-prison supervision or participating in a drug treatment court program or otherwise under the direct supervision of the court. (2) Services and supports shall incorporate interventions and strategies that target criminogenic risk factors and include: (a) Cognitive behavioral interventions; (b) Motivational interventions; (c) Relapse prevention; and (d) Healthy relationships education. (3) Providers shall demonstrate coordination of services with criminal justice partners through written protocols, program staff activities, and individual record documentation. (4) Program directors or clinical supervisors shall have experience in community-based offender treatment programs and have specific training and experience applying effective, evidence-based clinical strategies and services for individuals receiving community-based substance use disorders treatment services to individuals in the criminal justice system. (5) Within the first six months of hire, program staff shall: (a) Receive training on effective principles of evidenced-based practices for individuals with criminogenic risk factors; and (b) Have documented knowledge, skills, and abilities demonstrating treatment strategies for individuals with criminogenic risk factors. Statutory/Other Authority: ORS 161.390, 413.042 & 430.640 Statutes/Other Implemented: ORS 161.390 - 161.400, 428.205 - 428.270, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955 & 743A.168 History: MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 4-2014, f. & cert. ef. 2-3-14 MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-019-0200 Medical Protocols in Outpatient Substance Use Disorders Treatment and Recovery Programs Medical protocols shall be approved by a medical director under contract with a program or written reciprocal agreement with a medical practitioner under coordinated care. The protocols shall: (1) Require a medical history be included in the assessment. (2) Designate those medical symptoms and conditions that, when found, require further investigation, physical examinations, treatment, or laboratory testing. (3) Require that individuals admitted to the program who are currently injecting or intravenously using a drug or have injected or intravenously used a drug within the past 30 days or who are at risk of withdrawal from a drug or who may be pregnant shall be referred for a physical examination and appropriate lab testing within 30 days of entry to the program. This requirement may be waived by the medical director if these services have been received within the past 90 days and documentation is provided. (4) Require pregnant women be referred for prenatal care within two weeks of entry to the program. (5) Require that the program provide HIV and AIDS, TB, sexually transmitted disease, Hepatitis and other infectious disease information and risk assessment, including any needed referral, within 30 days of entry. (6) Specify the steps for follow up and coordination with physical health care providers in the event the individual is found to have an infectious disease or other major medical problem. Statutory/Other Authority: ORS 430.640 & 443.450 Statutes/Other Implemented: ORS 428.205 - 428.270, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955 & 443.400 - 443.460 History: MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 4-2014, f. & cert. ef. 2-3-14 MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-019-0205 Building Requirements in Behavioral Health Programs All behavioral health treatment programs must: (1) Comply with all applicable state and local building, electrical, plumbing, fire, safety, and zoning codes. (2) Maintain up-to-date documentation verifying that they meet applicable local business license, zoning, and building codes and federal, state, and local fire and safety regulations. It is the responsibility of the program to check with local government to make sure all applicable local codes have been met. (3) Provide space for services including but not limited to intake, assessment, counseling, and telephone conversations that assure the privacy and confidentiality of individuals and is furnished in an adequate and comfortable fashion including plumbing, sanitation, heating, and cooling. (4) Provide rest rooms for individuals, visitors, and staff that are accessible to individuals with disabilities pursuant to Title II of the Americans with Disabilities Act if the program receives any public funds or Title III of the Act if no public funds are received. (5) Adopt and implement emergency policies and procedures, including an evacuation plan and emergency plan in case of fire, explosion, accident, death, or other emergency. The policies and procedures and emergency plans must be current and posted in a conspicuous area. (6) Outpatient programs may not allow tobacco use in program facilities and on program grounds. Statutory/Other Authority: ORS 413.042, 430.640 & 443.450 Statutes/Other Implemented: ORS 428.205 - 428.270, 430.010, 430.205 - 430.210, 430.524 - 430.640, 430.850 - 430.955 & 443.400 - 443.460 History: MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 Suspended by MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 4-2014, f. & cert. ef. 2-3-14 MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-019-0210 Quality Assessment and Performance Improvement Providers shall develop and implement a structured and ongoing process to assess, monitor, and improve the quality and effectiveness of services provided to individuals and their families. Statutory/Other Authority: ORS 430.640 Statutes/Other Implemented: ORS 430.010, 430.205 - 430.210, 430.254 - 430.640 & 430.850 - 430.955 History: MHS 6-2017, f. & cert. ef. 6-23-17 MHS 18-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 4-2014, f. & cert. ef. 2-3-14 MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-019-0220 Variances (1) Requirements and standards for requesting and granting variances or exceptions are found in OAR 309-008-1600. (2) The Division’s chief officer or designee shall approve or deny the request for a variance to these rules. The request shall be made in writing using the Division approved variance request form and following the variance request procedure pursuant to OAR 309-008-1600. (3) Granting a variance for one request does not set a precedent that shall be followed by the Division when evaluating subsequent requests for variance. Statutory/Other Authority: ORS 161.390, 413.042, 430.256 & 430.640 Statutes/Other Implemented: ORS 161.390 - 161.400, 179.505, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955 & 743A.168 History: MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 18-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 11-2016(Temp), f. 6-29-16, cert. ef. 7-1-16 thru 12-27-16 MHS 4-2014, f. & cert. ef. 2-3-14 MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14
309-019-0226 Assertive Community Treatment (ACT) Overview (1) The ACT Model is an evidence-based practice with a specified Service Priority Population per 309-019-0225(28) and is implemented as a Community Based service. This service delivery is designed to be a long-term support; therefore, is not intended to be a solution for an immediate or short-term crisis. The clinical evaluation is comprised of specific criteria Oregon’s ACT Teams are expected to: (a) Operate as a Multidisciplinary Team and Fixed-Point of Responsibility per OAR 309-019-0225(16); (b) Operate as close to recommended best practice of at least 10:1 client to staff ratio for Urban teams and 7:1 for Rural and Frontier, to consistently provide necessary staffing diversity and coverage. (c) Provide time-unlimited services; (d) Be flexible with service delivery; (e) 24/7 crisis availability. (2) ACT Programs must adhere to the following: (a) Providing explicit admission criteria that aligns with Oregon Administrative Rules (OAR) with the Service Priority Population as defined in 309-019- 0225 (28) utilizing the Universal Referral Form provided by the Division per 309-019-0248; (b) The admission process and Universal Referral Form must be published for any public person(s) and/or community partners to freely access on program websites to ensure equitable access. This includes promoting the no-wrong-door concept by providing quality customer service for requests of services from non-behavioral health individuals (family members, shelter staff or self-referrals) then routing appropriately to eliminate unintended barriers due to lack of knowledge of the complexities of behavioral health system. (c) Provide a space for group therapy and/or skill building workshops for participants. These spaces can be in agency owned buildings; however, majority of other service delivery of ACT need to take place within a community setting outside of an office-like atmosphere as intended. Statutory/Other Authority: ORS 161.390, 413.042, 430.256 & 430.640 Statutes/Other Implemented: ORS 161.390 - 161.400, 428.205 - 428.270, 430.010, 430.205- 430.210, 430.254 - 430.640, 430.850 - 430.955 & 743A.168 History: BHS 29-2025, amend filed 12/29/2025, effective 01/01/2026 BHS 17-2025, amend filed 06/25/2025, effective 06/29/2025 BHS 32-2024, temporary amend filed 12/27/2024, effective 01/01/2025 through 06/29/2025 BHS 44-2023, amend filed 12/22/2023, effective 01/01/2024 MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 1-2017(Temp), f. 1-17-17, cert. ef. 1-18-17 thru 7-16-17 MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17
309-019-0255 ACT Reporting Requirements (1) ACT service data shall be submitted on a quarterly basis for objectives of measuring outcomes per the procedures prescribed by the Division. (2) ACT service delivery data shall be submitted based on the Division mandated state data system per 309-022-0135: Additional fidelity and program specific data outside of state data system will include quantitative data submission of the following: (a) Number of Participants served: (b) Qualitative data those through Medicaid and non- Medicaid. (c) Referral data: (A) Number of total referrals received during each quarter; (B) Number of participants on the waitlist during each quarter and length of duration on the waitlist; (C) Number of participants admitted during each quarter; and (D) Number of participants denied during each quarter and the reason for each denial; (d) Number of participants no longer on services. Two categories will be: (A) Graduated with successful transition to lower level of care (B) Discharged without meeting all goals to graduate. (e) Crisis calls and dispatches by ACT Team for ACT Participants. This does not include any other crisis service delivery that an ACT Team member may be part of. Statutory/Other Authority: ORS 161.390, 413.042, 430.256 & 430.640 Statutes/Other Implemented: ORS 161.390 - 161.400, 428.205 - 428.270, 430.010, 430.205 - 430.210, 430.254 - 430.640, 430.850 - 430.955 & 743A.168 History: BHS 29-2025, amend filed 12/29/2025, effective 01/01/2026 BHS 17-2025, amend filed 06/25/2025, effective 06/29/2025 BHS 32-2024, temporary amend filed 12/27/2024, effective 01/01/2025 through 06/29/2025 BHS 44-2023, amend filed 12/22/2023, effective 01/01/2024 MHS 4-2018, amend filed 02/27/2018, effective 03/01/2018 MHS 10-2017(Temp), f. 9-15-17, cert. ef. 9-15-17 thru 3-13-18 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 18-2016, f. 11-28-16, cert. ef. 11-30-16 MHS 11-2016(Temp), f. 6-29-16, cert. ef. 7-1-16 thru 12-27-16
309-019-0275 Individual Placement and Support (IPS) Supported Employment Overview (1) IPS Supported employment is an evidence-based practice for individuals with SMI per 309-019-0270(12). (2) IPS Supported employment is characterized by: (a) Emphasis on Competitive Integrated Employment; (b) Every individual interested in work is eligible for services regardless of symptoms, substance use disorders, treatment decisions, or any other issue which can also be referred to as “Zero exclusion” in the fidelity tools. (c) Employment services is integrated with mental health treatment (d) Participants have access to Work Incentive Planning by a Certified Benefits Planner (e) Rapid Job search should begin within 30 days of program entry. (f) Client preferences for jobs are honored and included in the Career Profile; (g) Employment Specialists systematically collaborate with employers who are selected based on job seeker preferences to learn about their business needs and hiring preferences; (h) Job supports continue for as long as each participant benefits from the support. (3) IPS Supported Employment services include but are not limited to: (a) Job development; (b)Job training and or Job coaching (c) Consultation with the employer; (d) Employment and/or education Counseling; (e) Skills training; (f) Transportation assistance per certified IPS program’s internal policy. This can include staff transport, gas vouchers, bus passes, planning and/or training or other internal policies the program has identified and (g) Transition planning to less intensive employment supports (h) Follow along supports Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 430.630 History: BHS 3-2024, amend filed 01/27/2024, effective 02/01/2024 MHS 6-2017, f. & cert. ef. 6-23-17 MHS 1-2017(Temp), f. 1-17-17, cert. ef. 1-18-17 thru 7-16-17 MHS 26-2016(Temp), f. 12-27-16, cert. ef. 12-28-16 thru 6-23-17