reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.256 - Planning and administering alcohol and drug treatment programs; establishment of guidelines for program reviews and audits; rules.

(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 to 430.401 and 475.225 and ORS chapters 430 and 801 to 822.
(2) Subject to ORS 417.300 and 417.305, 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 and 471.810. [Formerly 409.410; 2017 c.17 §37]
Note:
430.256 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.262 - Registration of sobering facilities; fees prohibited.

(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.
(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 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.263 - Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services; civil immunity.

(1) As used in this section, "facility" means a:
(a) Sobering facility registered under ORS 430.262; or
(b) Facility licensed, certified or otherwise authorized by a public body to provide detoxification services for substance use.
(2) Notwithstanding ORS 689.800, upon the discharge or release of an individual, a facility shall provide to the individual at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if the individual:
(a) Received addiction treatment at the facility for a current opioid use disorder; and
(b) Is discharged or released to an unlicensed private residence or other unlicensed setting.
(3)(a) Except as provided in paragraph (b) of this subsection, a person who is acting in good faith, if the act does not constitute wanton misconduct, is immune from civil liability for any act or omission of an act committed during the course of providing to an individual opioid overdose reversal medications, and the necessary medical supplies to administer the medications, under subsection (2) of this section.
(b) This subsection does not apply to a person involved in the manufacture or sale of opioid overdose reversal medication.
(4) The requirements of subsection (2) of this section do not apply if an individual leaves the facility against the facility’s advice. [2023 c.297 §4]
Note:
430.263 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note:
Section 7, chapter 297, Oregon Laws 2023, provides:
Sec. 7.
The Oregon Health Authority shall facilitate access to opioid overdose reversal medications and the necessary medical supplies to administer the medications for hospitals licensed under ORS chapter 441, long term care facilities as defined in ORS 442.015, facilities as defined in section 4 of this 2023 Act [430.263] and facilities as defined in section 6 of this 2023 Act [443.454] for the purposes of carrying out sections 2 [441.052], 3 [441.698], 4 and 6 of this 2023 Act. [2023 c.297 §7]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.265 - Contracts with federal government for substance use disorder services.

The Oregon Health Authority is authorized to contract with the federal government for services to alcohol and drug-dependent persons who are either residents or nonresidents of the State of Oregon. [Formerly 430.095; 2009 c.595 §477]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.270 - Publicizing effects of alcohol and drugs.

(1) The Oregon Health Authority shall take such means as it considers most effective to bring to the attention of the general public, employers, the professional community and particularly the youth of the state, the harmful effects to the individual and society of the irresponsible use of alcoholic beverages, controlled substances and other chemicals, and substances with abuse potential.
(2) The activities of the authority under this section may not be inconsistent with the comprehensive addiction, prevention, treatment and recovery plan developed by the Alcohol and Drug Policy Commission under ORS 430.223. [Formerly 430.080; 1979 c.744 §23; 1985 c.740 §12; 2009 c.595 §478; 2009 c.856 §§9,18; 2011 c.673 §17; 2015 c.405 §3; 2018 c.44 §5]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.272 - Educational resources on risks of inhalant use.

(1) For purposes of this section, "inhalant" has the meaning given that term in ORS 167.808.
(2) The Director of the Oregon Health Authority shall develop education resources focusing on the problem of inhalant abuse by minors. The director shall ensure that special emphasis is placed on the education of parents about the risks of inhalant use. The director shall develop tools to help parents talk to their children about the extraordinary risks associated with even a single use of inhalants, as well as those risks that arise from repeated use.
(3) The director shall develop education resources focusing on merchants that sell products that contain inhalants. The director shall encourage merchants that sell products containing inhalants to post signs that inform the public that using inhalants for the purpose of intoxication is illegal and potentially deadly.
(4) The director shall develop and print a standard sign for the purposes of subsection (3) of this section, and shall make the sign available to merchants that elect to display the sign. The sign shall:
(a) Contain the message, "Illegal to inhale fumes for purpose of intoxication. Fumes may cause serious injury or death!!"
(b) Be at least five by seven inches in size with lettering that is at least three-eighths of an inch in height.
(c) Contain a graphic depiction of the message to convey the message to a person who cannot read the message. If the depiction includes a picture of a person, the depiction of the person shall be of a minor and shall not reflect any specific race or culture.
(5) The sign developed under subsection (4) of this section shall be in English and in such other languages as may be commonly used in this state. Merchants shall be encouraged to post signs in languages other than English if English is not the primary language of a significant number of the patrons of the business. [Formerly 409.425]
Note:
430.272 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.274 - Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services.

The Oregon Health Authority shall:
(1) Establish programs that are peer and community driven that ensure access to culturally specific and culturally responsive behavioral health services for people of color, tribal communities and people of lived experience.
(2) Provide medical assistance reimbursement for tribal-based practices. [2021 c.667 §1]
Note:
430.274 and 430.278 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.278 - Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers.

The Oregon Health Authority shall continually evaluate and revise administrative rules governing behavioral health programs and services to reduce the administrative burden of documentation, particularly around assessment and treatment planning, the measures and outcomes tracking system or successor systems and other reporting required for providers seeking certificates of approval and to ensure that the rules are consistent with the medical assistance program administrative rules that apply to behavioral health care staff operating in primary care and other settings. [2021 c.667 §6]
Note:
See note under 430.274.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.315 - Policy.

The Legislative Assembly finds alcoholism or drug dependence is an illness. The alcoholic or drug-dependent person is ill and should be afforded treatment for that illness. To the greatest extent possible, the least costly settings for treatment, outpatient services and residential facilities shall be widely available and utilized except when contraindicated because of individual health care needs. State agencies that purchase treatment for alcoholism or drug dependence shall develop criteria consistent with this policy in consultation with the Oregon Health Authority. In reviewing applications for certificate of need, the Director of the Oregon Health Authority shall take this policy into account. [1971 c.622 §1; 1973 c.795 §5; 1983 c.601 §3; 1987 c.660 §22; 2001 c.900 §137; 2009 c.595 §481]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.325

[1971 c.622 §3; 1973 c.795 §6; 1975 c.715 §1; 1977 c.745 §39; 1983 c.338 §928; renumbered 430.402 in 2011]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.335 - Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders.

In accordance with the policies, priorities and standards established by the Alcohol and Drug Policy Commission under ORS 430.223, 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.338 - Purposes of laws related to alcoholism.

The purposes of ORS 430.338 to 430.380 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 and 430.342 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.342 - Local planning committees; duties; members.

(1) The governing body of each county or combination of counties in a mental health administrative area, as designated by the Alcohol and Drug Policy Commission, shall:
(a) Appoint a local planning committee for alcohol and drug prevention and treatment services; or
(b) Designate an already existing body to act as the local planning committee for alcohol and drug prevention and treatment services.
(2) The committee shall coordinate with local Behavioral Health Resource Networks, described in ORS 430.389, to identify needs and establish priorities for alcohol and drug prevention and treatment services that best suit the needs and values of the community and shall report its findings to the Oregon Health Authority, the governing bodies of the counties served by the committee and the budget advisory committee of the commission.
(3) Members of the local planning committee shall be representative of the geographic area and shall be persons with interest or experience in developing alcohol and drug prevention and treatment services. The membership of the committee shall include a number of minority members which reasonably reflects the proportion of the need for prevention, treatment and rehabilitation services of minorities in the community. [1977 c.856 §3; 2001 c.899 §3; 2009 c.595 §483; 2011 c.673 §21; 2023 c.248 §1]
Note:
See note under 430.338.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.345 - Grants for prevention of, intervention in and treatment for substance use disorders.

Upon application therefor, the Oregon Health Authority may make grants from funds specifically appropriated for the purposes of carrying out ORS 430.338 to 430.380 to any applicant for the establishment, operation and maintenance of alcohol and drug abuse prevention, early intervention and treatment services. When necessary, a portion of the appropriated funds may be designated by the authority for training and technical assistance, or additional funds may be appropriated for this purpose. Alcohol and drug abuse prevention, early intervention and treatment services shall be approved if the applicant establishes to the satisfaction of the authority:
(1)(a) The adequacy of the services to accomplish the goals of the applicant and the needs and priorities established under ORS 430.338 to 430.380; or
(b) The community need for the services as determined by the local planning committee for alcohol and drug prevention and treatment services under ORS 430.342;
(2) That an appropriate operating agreement exists, or will exist with other community facilities able to assist in providing alcohol and drug abuse prevention, early intervention and treatment services, including nearby detoxification centers and halfway houses; and
(3) That the services comply with the rules adopted by the authority pursuant to ORS 430.357. [1973 c.682 §3; 1977 c.856 §4; 1987 c.53 §1; 2009 c.595 §484; 2011 c.673 §22]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.347 - Definitions for ORS 430.345 to 430.380.

As used in ORS 430.345 to 430.380:
(1) "Applicant" means a county or combination of counties.
(2) "Minorities" means persons who are:
(a) Black Americans or persons having origins in any of the black racial groups of Africa.
(b) Hispanic Americans or persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.
(c) Native Americans or persons who are American Indian, Eskimo, Aleut or Native Hawaiian.
(d) Asian-Pacific Americans or persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific or the Northern Marianas.
(e) Asian-Indian Americans or persons whose origins are from India, Pakistan or Bangladesh.
(3) "Minority program" is a treatment and rehabilitation program that provides services primarily to minorities and that is intended to present treatment and rehabilitation opportunities designed to meet the particular needs of minorities, whether by its geographic location, methods of treatment or other factors. [1975 c.424 §7; 1977 c.856 §5; 1987 c.53 §2; 1987 c.167 §1]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.350 - Assistance and recommendation of local planning committee.

(1) Every applicant for a grant made under ORS 430.345 to 430.380 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 to 430.380 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 to 430.380. [1973 c.682 §4; 1977 c.856 §6; 1987 c.53 §3; 2009 c.595 §485]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.355 - Grant application may cover more than one service.

An application for funds under ORS 430.345 to 430.380 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.357 - Minimum standards; rules.

(1) The Oregon Health Authority shall adopt rules to implement ORS 430.338 to 430.380 and to establish minimum standards for alcohol and drug prevention and treatment programs in accordance with the comprehensive addiction, prevention, treatment and recovery plan developed by the Alcohol and Drug Policy Commission under ORS 430.223.
(2) All standards and guidelines adopted by the authority to implement programs authorized under ORS 430.338 to 430.380 shall be adopted as rules pursuant to ORS chapter 183 regardless of whether they come within the definition of rule in ORS 183.310 (9). [Formerly 430.360; 1985 c.565 §70; 1987 c.53 §5; 2009 c.595 §486; 2011 c.673 §23; 2018 c.44 §6]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.358 - Opioid treatment center required to accept Medicare payments.

Rules adopted by the Oregon Health Authority, in accordance with ORS 430.357, establishing requirements for the approval of an opioid treatment center to operate in this state must include a requirement that an opioid treatment center accept Medicare payments as reimbursement for the cost of covered services provided by the center. [2021 c.405 §1]
Note:
430.358 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.362 - Application requirements for priority consideration.

(1) To receive priority consideration under ORS 430.359 (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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.364 - Consideration given requests for priority.

Within the limits of available funds, in giving priority consideration under ORS 430.359 (2), the Oregon Health Authority shall:
(1) Identify all applications containing funding proposals for minority programs and assess the extent to which such funding proposals address the needs of minorities as stated in ORS 430.362, adjusting such amounts as it deems justified on the basis of the facts presented for its consideration and such additional information as may be necessary to determine an appropriate level of funding for such programs, and award such funds to those applicants for the purposes stated in the application; and
(2) After making a determination of the appropriate level of funding minority programs under subsection (1) of this section, assess the remaining portions of all applications containing minority program funding proposals together with applications which do not contain funding proposals for minority programs on the basis of the remaining community need determined by the local planning committee for alcohol and drug prevention and treatment services under ORS 430.342, adjusting such amounts as it deems justified on the basis of the facts presented for its consideration and such additional information as may be necessary to determine an appropriate level of funding such programs, and award such funds to those applicants. [1977 c.856 §11; 2009 c.595 §488; 2011 c.673 §25]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.366 - Requirements for service proposals and data reporting.

(1) Every proposal for alcohol and drug abuse prevention, early intervention and treatment services received from an applicant shall contain:
(a) A clear statement of the goals and objectives of the program for the following fiscal year, including the number of persons to be served and methods of measuring the success of services rendered;
(b) A description of services to be funded; and
(c) A statement of the minorities to be served, if a minority program.
(2) Each grant recipient and provider of alcohol and drug abuse prevention, early intervention and treatment services funded with moneys from the Mental Health Alcoholism and Drug Services Account established by ORS 430.380 shall report to the Alcohol and Drug Policy Commission all data regarding the services in the form and manner prescribed by the commission. This subsection does not apply to sobering facilities that receive moneys under ORS 430.380. [1977 c.856 §12; 1987 c.53 §8; 2009 c.595 §489; 2011 c.545 §55; 2011 c.673 §26; 2017 c.204 §2]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.368 - Appeal and review of funding requests; conclusiveness of review.

(1) Any alcohol and drug abuse prevention, early intervention and treatment service, including but not limited to minority programs, aggrieved by any final action of an applicant with regard to requesting funding for the program from the Oregon Health Authority, may appeal the applicant’s action to the Director of the Oregon Health Authority within 30 days of the action. For the purposes of this section "final action" means the submission of the applicant’s compiled funding requests to the authority. The director shall review all appealed actions for compliance with the purposes and requirements of ORS 430.338 to 430.380.
(2) The director shall act on all appeals within 60 days of filing, or before the time of the authority’s decision on the applicant’s funding request, whichever is less. The director is not required to follow procedures for hearing a contested case, but shall set forth written findings justifying the action. The decision of the director shall be final, and shall not be subject to judicial review. [1977 c.856 §13; 1983 c.740 §15; 1987 c.53 §9; 2003 c.14 §239; 2009 c.595 §490; 2009 c.856 §§12,21; 2011 c.673 §27]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.370 - County contracts for services; joint county-city operation.

(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 to 430.380 only if the contracting agency meets the requirements of ORS 430.345 or is a sobering facility registered under ORS 430.262.
(2) A city and county, or any combination thereof, may enter into a written agreement, as provided in ORS 190.003 to 190.620, 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]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.375 - Fee schedule.

The Oregon Health Authority shall recommend fee schedules to be used in determining the dollar fee to charge a person admitted to approved alcohol and drug abuse prevention, early intervention and treatment services for the expenses incurred by the service in offering alcohol and drug abuse prevention, early intervention and treatment services. An individual facility may adopt the schedules developed by the authority or may, subject to the approval of the authority, develop and adopt its own fee schedules. The fee schedules adopted by each facility shall be applied uniformly to all persons admitted to the facility and shall be based on the costs of a person’s alcohol and drug abuse prevention, early intervention and treatment services and the ability of the person to pay. The person admitted shall be liable to the facility only to the extent indicated by the fee schedules. [1973 c.682 §10; 1977 c.856 §15; 1987 c.53 §11; 2009 c.595 §491]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.380 - Mental Health Alcoholism and Drug Services Account; uses.

(1) There is established in the General Fund of the State Treasury an account to be known as the Mental Health Alcoholism and Drug Services Account. Moneys deposited in the account are continuously appropriated for the purposes of ORS 430.345 to 430.380 and to provide funding for sobering facilities registered under ORS 430.262. Moneys deposited in the account may be invested in the manner prescribed in ORS 293.701 to 293.857.
(2) Forty percent of the moneys in the Mental Health Alcoholism and Drug Services Account shall be continuously appropriated to the counties on the basis of population. The counties must use the moneys for the establishment, operation and maintenance of alcohol and drug abuse prevention, early intervention and treatment services and for local matching funds under ORS 430.345 to 430.380. The counties may use up to 10 percent of the moneys appropriated under this subsection to provide funds for sobering facilities registered under ORS 430.262.
(3) Forty percent of the moneys shall be continuously appropriated to the Oregon Health Authority to be used for state matching funds to counties for alcohol and drug abuse prevention, early intervention and treatment services pursuant to ORS 430.345 to 430.380. The authority may use up to 10 percent of the moneys appropriated under this subsection for matching funds to counties for sobering facilities registered under ORS 430.262.
(4) Twenty percent of the moneys shall be continuously appropriated to the Oregon Health Authority to be used for alcohol and drug abuse prevention, early intervention and treatment services for adults in custody of correctional and penal institutions and for parolees therefrom and for probationers as provided pursuant to rules of the authority. However, prior to expenditure of moneys under this subsection, the authority must present its program plans for approval to the appropriate legislative body which is either the Joint Ways and Means Committee during a session of the Legislative Assembly or the Emergency Board during the interim between sessions.
(5) Counties and state agencies:
(a) May not use moneys appropriated to counties and state agencies under subsections (1) to (4) of this section for alcohol and drug prevention and treatment services that do not meet or exceed minimum standards established under ORS 430.357; and
(b) Shall include in all grants and contracts with providers of alcohol and drug prevention and treatment services a contract provision that the grant or contract may be terminated by the county or state agency if the provider does not meet or exceed the minimum standards adopted by the Oregon Health Authority pursuant to ORS 430.357. A county or state agency may not be penalized and is not liable for the termination of a contract under this section. [1975 c.424 §5; 1977 c.856 §16; 1987 c.53 §12; 2009 c.595 §492; 2011 c.673 §28; 2017 c.204 §1; 2019 c.213 §148]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.383 - Findings and policy.

(1)(a) The people of Oregon find that drug addiction and overdoses are a serious problem in Oregon and that Oregon needs to expand access to drug treatment.
(b) The people of Oregon further find that a health-based approach to addiction and overdose is more effective, humane and cost-effective than criminal punishments. Making people criminals because they suffer from addiction is expensive, ruins lives and can make access to treatment and recovery more difficult.
(2)(a) The purpose of the Drug Addiction Treatment and Recovery Act of 2020 is to make screening, health assessment, treatment and recovery services for drug addiction available to all those who need and want access to those services and to adopt a health approach to drug addiction by removing criminal penalties for low-level drug possession.
(b) It is the policy of the State of Oregon:
(A) That screening, health assessment, treatment and recovery services for drug addiction are available to all those who need and want access to those services; and
(B) To encourage treatment and recovery for people struggling with substance use.
(3) The provisions of ORS 430.383 to 430.390 and 430.394 shall be interpreted consistently with the findings, purposes and policy objectives stated in this section and shall not be limited by any policy set forth in Oregon law that could conflict with or be interpreted to conflict with the purposes and policy objectives stated in this section.
(4) As used in ORS 430.383 to 430.390 and 430.394, "recovery" means a process of change through which individuals improve their health and wellness, live a self-directed life and strive to reach their full potential. [2021 c.2 §1; 2021 c.591 §1; 2023 c.248 §2]
Note:
430.383 to 430.392 and 430.394 were enacted into law but were not added to or made a part of ORS chapter 430 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.384 - Drug Treatment and Recovery Services Fund established.

(1) The Drug Treatment and Recovery Services Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Drug Treatment and Recovery Services Fund shall be credited to the fund.
(2) The Drug Treatment and Recovery Services Fund shall consist of:
(a) Moneys deposited into the fund pursuant to ORS 305.231;
(b) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;
(c) Moneys allocated from the Oregon Marijuana Account, pursuant to ORS 475C.726 (3)(b);
(d) Moneys allocated from the Criminal Fine Account pursuant to ORS 137.300 (4); and
(e) All other moneys deposited into the fund from any source.
(3) Moneys in the fund shall be continuously appropriated to the Oregon Health Authority for the purposes set forth in ORS 430.389.
(4)(a) Pursuant to subsection (2)(b) of this section, the Legislative Assembly shall appropriate or transfer to the fund an amount sufficient to fully fund the grants program required by ORS 430.389.
(b) The total amount deposited and transferred into the fund shall not be less than $57 million for the first year ORS 430.383 to 430.390 and 430.394 are in effect.
(c) In each subsequent year, the minimum transfer amount set forth in paragraph (b) of this subsection shall be increased by not less than the sum of:
(A) $57 million multiplied by the percentage, if any, by which the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the prior calendar year exceeds the monthly index for the fourth quarter of the calendar year 2020; and
(B) The annual increase, if any, in moneys distributed pursuant to ORS 475C.726 (3)(b). [2021 c.2 §5; 2021 c.591 §5; 2021 c.636 §2; 2023 c.248 §3]
Note:
See note under 430.383.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.386 - Moneys in fund not to replace current funding for programs and services.

Moneys transferred to the Drug Treatment and Recovery Services Fund and distributed pursuant to ORS 430.389 shall, to the maximum extent consistent with law, be in addition to and not in replacement of any existing allocations or appropriations for the purposes of providing substance use disorder treatment, peer support and recovery services, transitional, supportive and permanent housing for persons with substance use disorders, harm reduction interventions and for establishing Behavioral Health Resource Networks. [2021 c.2 §8; 2021 c.591 §8]
Note:
See note under 430.383.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.387 - Distribution of moneys in fund.

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 to 430.390, excluding amounts necessary to establish and maintain the telephone hotline described in ORS 430.391 (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. [2021 c.2 §9; 2021 c.591 §9; 2023 c.248 §4]
Note:
See note under 430.383.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.390 - Administration of grants; rules.

(1)(a) The Oregon Health Authority shall adopt rules that establish a grant application process, a process to appeal the denial of a grant and general criteria and requirements for the Behavioral Health Resource Networks and the grants and funding required by ORS 430.389, including rules requiring recipients of grants and funding to collect and report information necessary for the Secretary of State to conduct the financial and performance audits required by ORS 430.392.
(b) When adopting or amending rules under this subsection, the authority shall convene an advisory committee in accordance with ORS 183.333 in which members of the Oversight and Accountability Council compose a majority of the membership.
(2) The council shall have and retain the authority to oversee the Behavioral Health Resource Networks established under ORS 430.389 and approve the grants and funding under ORS 430.389.
(3) The authority shall administer and provide all necessary support to ensure the implementation of ORS 430.383 to 430.390 and 430.394, and that recipients of grants or funding comply with all applicable rules regulating the provision of behavioral health services.
(4)(a) The authority, in consultation with the council, may enter into interagency agreements to ensure proper distribution of funds for the grants required by ORS 430.389.
(b) The authority shall encourage and take all reasonable measures to ensure that grant recipients cooperate, coordinate and act jointly with one another to offer the services described in ORS 430.389.
(c) The authority shall post to the authority’s website, at the time a grant or funding is awarded:
(A) The name of the recipient of the grant or funding;
(B) The names of any subgrantees or subcontractors of the recipient of the grant or funding; and
(C) The amount of the grant or funding awarded.
(5) The authority shall provide requested technical, logistical and other support to the council to assist the council with the council’s duties and obligations.
(6) The Department of Justice shall provide legal services to the council if requested to assist the council in carrying out the council’s duties and obligations. [2021 c.2 §4; 2021 c.10 §18; 2021 c.591 §4; 2023 c.248 §8]
Note:
See note under 430.383.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.391 - Behavioral Health Resource Network statewide telephone hotline.

(1) The Oregon Health Authority shall establish a Behavioral Health Resource Network statewide telephone hotline to provide screenings described in ORS 430.389 (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 (2)(i). [2021 c.2 §23; 2021 c.10 §17; 2021 c.591 §21; 2023 c.248 §9]
Note:
See note under 430.383.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.393 - Report to Legislative Assembly.

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, how funds from the Drug Treatment and Recovery Services Fund were spent in the preceding calendar quarter. [2021 c.591 §24]
Note:
430.393 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.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.394 - Education campaign.

If approved by the Oversight and Accountability Council, the Oregon Health Authority may implement an education campaign to inform the public about the availability of Behavioral Health Resource Networks, the statewide hotline described in ORS 430.391 and any other information the authority believes would benefit the public in accessing behavioral health services. [2023 c.248 §17]
Note:
430.394 becomes operative July 1, 2025. See section 18, chapter 248, Oregon Laws 2023.
Note:
See note under 430.383.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.397 - Voluntary admission of person to treatment facility; notice to parent or guardian.

Any person may voluntarily apply for admission to any treatment facility operated pursuant to rules of the Oregon Health Authority. The director of the treatment facility shall determine whether the person shall be admitted as a patient, or referred to another appropriate treatment facility or denied referral or admission. If the person is under 18 years of age or an incompetent, the director of the treatment facility shall notify the person’s parents or guardian of the admission or referral. [Formerly 426.450; 2009 c.595 §494; 2011 c.720 §169]
Note:
430.397 to 430.401 were added to and made a part of ORS chapter 426 by legislative action but were not added to ORS chapter 430 or any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities › Section 430.401 - Liability of public officers, providers, treatment facilities and sobering facilities.

(1) A police officer, physician, naturopathic physician, physician assistant, nurse practitioner, judge, treatment facility, treatment facility staff member or sobering facility that is registered with the Oregon Health Authority under ORS 430.262 based on a written request for registration received by the authority before January 1, 2016, or the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS 430.315, 430.335, 430.397 to 430.401 and 430.402 provided the actions are in good faith, on probable cause and without malice.
(2) A sobering facility registered with the authority under ORS 430.262 based on a written request for registration received by the authority on or after January 1, 2016, and the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS 430.315, 430.335, 430.397 to 430.401 and 430.402 provided the actions are in good faith, on probable cause and without gross negligence. [Formerly 426.470; 2014 c.45 §47; 2015 c.730 §4; 2017 c.356 §55]
Note:
See note under 430.397.