Oregon Revised Statutes Chapter 430 establishes the statutory framework for mental health, substance use disorder, and developmental disability services in Oregon, assigning responsibilities to the Oregon Health Authority and Department of Human Services. It covers community mental health programs, substance use prevention and treatment (including opioid treatment, detoxification, and diversion programs), crisis stabilization services, outpatient and residential treatment, and abuse reporting for adults with mental illness or developmental disabilities. Facility operators must comply with applicable licensing, certification, and contracting requirements, client rights protections, mandatory abuse reporting obligations, and program standards set by the authority. The chapter also addresses funding mechanisms, local planning, and special populations including children, adolescents, and persons with developmental disabilities.
View official sourceOregon Revised Statutes Chapter 430 � Mental and Behavioral Health Treatment; Developmental Disabilities ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0016 ; 2026 Session Laws 0059 2025 EDITION MENTAL AND BEHAVIORAL HEALTH TREATMENT MENTAL HEALTH; SUBSTANCE USE TREATMENT DEFINITIONS 430.010���� Definitions MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES 430.021���� Functions of Department of Human Services and Oregon Health Authority; report to authority on use of restraint or seclusion; rules 430.030���� Application of ORS 430.021 430.071���� Policies to support and promote independence and self-determination 430.073���� Consumer Advisory Council 430.075���� Consumer participation on task forces, commissions, advisory groups and committees 430.078���� Rules 430.140���� Federal grants for promoting mental health 430.160���� Federal funds deposited in special account 430.165���� Fee schedules; collection of fees; definition 430.195���� Receipt of funds for client use; disbursements from trust accounts; authority of other agencies 430.197���� Mental Health Services Fund 430.205���� Definitions for ORS 430.205 and 430.210 430.210���� Rights of persons receiving mental health services 430.212���� Reconnection of family members to individual with developmental disability; rules 430.215���� Responsibility for developmental disability services and psychiatric treatment services for children 430.216���� Report to Legislative Assembly 430.217���� Denial of mental health services on basis of individual�s intellectual or developmental disability prohibited; rules SUBSTANCE USE PREVENTION AND TREATMENT (Alcohol and Drug Policy Commission) 430.220���� Director; appointment; powers and duties 430.221���� Commission members; terms; subcommittees 430.223���� Comprehensive statewide plan; reports; rules 430.225���� Education and technical assistance to providers (Temporary provisions relating to statewide primary prevention planning are compiled as notes following ORS 430.225) (Improving People�s Access to Community-based Treatment, Supports and Services Program) 430.230���� Definitions 430.231���� Improving People�s Access to Community-based Treatment, Supports and Services Program; purpose; duties of Oregon Criminal Justice Commission; rules 430.233���� Improving People�s Access to Community-based Treatment, Supports and Services Account 430.238���� State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population 430.243���� Grants to coordinated care organizations authorized 430.245���� Annual report to Legislative Assembly on program outcomes (Prevention, Intervention, Treatment and Recovery) 430.254���� Goal of treatment programs for persons with substance use disorders 430.256���� Planning and administering alcohol and drug treatment programs; establishment of guidelines for program reviews and audits; rules 430.262���� Registration of sobering facilities; fees prohibited 430.263���� Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services; civil immunity 430.265���� Contracts with federal government for substance use disorder services 430.270���� Publicizing effects of alcohol and drugs 430.272���� Educational resources on risks of inhalant use 430.274���� Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services 430.275���� Oregon Health Authority to provide funding for peer respite centers; rules 430.278���� Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers 430.306���� Definitions 430.315���� Policy 430.335���� Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders 430.338���� Purposes of laws related to alcoholism 430.342���� Local planning committees; duties; members 430.345���� Grants for prevention of, intervention in and treatment for substance use disorders 430.347���� Definitions for ORS 430.345 to 430.380 430.350���� Assistance and recommendation of local planning committee 430.355���� Grant application may cover more than one service 430.357���� Minimum standards; rules 430.358���� Opioid treatment center required to accept Medicare payments 430.359���� Funding of services 430.362���� Application requirements for priority consideration 430.364���� Consideration given requests for priority 430.366���� Requirements for service proposals and data reporting 430.368���� Appeal and review of funding requests; conclusiveness of review 430.370���� County contracts for services; joint county-city operation 430.375���� Fee schedule 430.380���� Mental Health Alcoholism and Drug Services Account; uses 430.381���� Construction (Temporary provisions relating to Opioid Settlement Prevention, Treatment and Recovery Fund are compiled as notes following ORS 430.381) (Drug Addiction Treatment and Recovery Act) 430.383���� Findings and policy 430.384���� Drug Treatment and Recovery Services Fund 430.386���� Moneys in fund not to replace current funding for programs and services 430.387���� Distribution of moneys in fund 430.388���� Oversight and Accountability Council 430.389���� Grants to implement Behavioral Health Resource Networks and increase access to and awareness of treatment and services 430.390���� Administration of grants; rules 430.392���� Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund 430.393���� Report to Legislative Assembly 430.394���� Education campaign (Miscellaneous) 430.397���� Voluntary admission of person to treatment facility; notice to parent or guardian 430.399���� When person must be taken to sobering or other appropriate facility; admission or referral; when jail custody may be used; confidentiality of records 430.401���� Liability of certain persons and facilities 430.402���� Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs PREVENTION OF DRUG ABUSE 430.405���� Definition 430.415���� Drug dependence as illness DRUG TREATMENT FOR OFFENDERS 430.420���� Integration of drug treatment services into criminal justice system; plans 430.422���� Drug Prevention and Education Fund 430.424���� Distribution of funds; funding criteria 430.426���� Rules; acceptance of gifts, grants and donations DEFLECTION PROGRAMS 430.430���� Oregon Behavioral Health Deflection Program; eligibility; distribution and use of funds; rules 430.432���� Annual report on program outcomes 430.434���� Oregon Behavioral Health Deflection Program Account DIVERSION PROGRAMS (Definitions) 430.450���� Definitions for ORS 430.450 to 430.555 (Treatment Program) 430.455���� Information to arrested person believed to have substance use disorder 430.460���� Consent to evaluation; effect of refusal 430.465���� Referral for evaluation 430.470���� Notice of right to evaluation if not given at time of arrest 430.475���� Evaluation results as evidence; admissibility at subsequent trial; privileged communication 430.480���� Effect of ORS 430.450 to 430.555 on other evidence 430.485���� Treatment may be ordered 430.490���� Diversion plan for defendant; participation as condition of probation or parole 430.495���� Content of diversion plan; duration 430.500���� Dismissal of charges 430.505���� Expunction of verdict 430.510���� Notice when treatment unsuccessful 430.515���� Procedure to terminate treatment (Administration) 430.535���� Requirement to develop bilingual forms 430.540���� Designation of and standards for evaluation sites 430.545���� Procedures at evaluation sites; administration of antagonist drugs 430.550���� Discrimination prohibited 430.555���� Liability for violation of civil rights or injuries to participant DRUG TREATMENT PROGRAMS 430.560���� Oregon Health Authority adoption of requirements for contracted drug treatment programs; rules 430.565���� Nonapplicability of drug laws to certain persons in treatment program 430.570���� Information concerning opiate inhibitors to be made available 430.572���� Internet access to providers of opiate use disorder treatment 430.573���� Statewide capacity to provide opiate use disorder treatment 430.590���� Regulation of location of methadone clinic; enforcement LOCAL MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES (Generally) 430.610���� Legislative policy 430.620���� Establishment of community mental health and developmental disabilities programs by one or more counties (Crisis Stabilization Services) 430.624���� 9-8-8 Trust Fund 430.626���� Definitions 430.627���� Statewide coordinated crisis system; rules 430.628���� City and community mental health program provision of crisis stabilization services; rules 430.629���� Oversight and direction on implementation and operation of statewide coordinated crisis system (Temporary provisions relating to Task Force on Community Safety and Firearm Suicide Prevention are compiled as notes following ORS 430.629) (Mental Health Programs) 430.630���� Services to be provided by community mental health programs; local mental health authorities; local mental health services plan; rules 430.631���� Local advisory committees 430.632���� Report on implementation of comprehensive local plan for delivery of mental health services 430.634���� Evaluation of programs; population schedule for distributing funds 430.637���� Criteria for certificate of approval issued to mental health or substance use disorder treatment provider; advisory committee; reporting requirements; rules 430.638���� Immunity from civil liability for reliance on certificate of approval 430.640���� Duties of Oregon Health Authority in assisting and supervising community mental health programs; rules 430.641���� Behavioral Health Housing Incentive Fund 430.643���� Disbursement of moneys in fund 430.644���� Priorities for services provided by community mental health programs 430.646���� Priorities for services for persons with mental or emotional disturbances 430.648���� Funding distribution formula; matching funds; administrative expenses 430.651���� Use of population data in funding formula 430.653���� Community mental health program funding study; reports (Developmental Disabilities Programs) 430.662���� Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services; rules 430.664���� Requirements for developmental disabilities programs and support service brokerages (Contracting for Services) 430.670���� Contracts to provide services; approval of department or authority; competition for subcontracts; exception 430.672���� Contract requirements for community mental health or developmental disabilities programs 430.673���� Mediation; retaliation prohibited; action for damages; attorney fees; rules (Miscellaneous) 430.694���� Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds 430.695���� Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts MENTAL HEALTH SERVICES FOR CHILDREN AND ADOLESCENTS 430.705���� Mental health services for children 430.708���� Priority for preventive services for children 430.709���� Funding of regional centers for treatment of adolescents with substance use disorders; rules; criteria for areas served by centers 430.715���� Hospital services; child care and residential treatment programs; other services 430.717���� Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents; call center for identifying and tracking placement settings; rules 430.725���� Gifts and grants ABUSE REPORTING FOR ADULTS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES 430.731���� Uniform investigation procedures; rules 430.735���� Definitions for ORS 430.735 to 430.765 430.737���� Mandatory reports and investigations 430.738���� Privileges not applicable to abuse proceedings 430.739���� County multidisciplinary teams; protocols; reports 430.743���� Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services 430.745���� Investigation of abuse; notice to medical examiners; findings; recommendations 430.746���� Training requirements for persons investigating reports of alleged abuse 430.747���� Photographs of victim during investigation; exception; photographs as records 430.753���� Immunity of persons making reports in good faith; confidentiality 430.755���� Retaliation prohibited; liability for retaliation 430.756���� Immunity of employer reporting abuse by employee 430.757���� Reports of abuse to be maintained by Department of Human Services 430.763���� Confidentiality of records; when record may be made available to agency 430.765���� Duty of officials to report abuse; exceptions for privileged communications; exception for religious practice 430.768���� Claims of self-defense addressed in certain reports of abuse; review teams; rules MISCELLANEOUS BEHAVIORAL HEALTH PROVISIONS 430.775���� Required trainings on behavioral health worker safety; frequency; documentation 430.779���� Oregon State University Extension Service to administer behavioral health promotion project PROGRAM FOR PERSONS CONVICTED OF DRIVING UNDER INFLUENCE OF ALCOHOL; CRIMES COMMITTED WHILE INTOXICATED 430.850���� Treatment program; eligibility 430.860���� Participation in program; report to court 430.870���� Rules 430.880���� Gifts, grants or services SUBSTANCE USE DISORDER TREATMENT DURING PREGNANCY 430.900���� Definitions for ORS 430.900 to 430.930 430.905���� Policy 430.915���� Health care providers to encourage counseling and therapy 430.920���� Risk assessment for drug and alcohol use; informing patient of results; assistance to patient in reducing need for controlled substances 430.930���� Substance use disorder education at Oregon Health and Science University 430.955���� Standardized screening instrument; assessing drug use during pregnancy DEFINITIONS ����� 430.010 Definitions. As used in this chapter: ����� (1) �Outpatient service� means: ����� (a) A program or service providing treatment by appointment and by: ����� (A) Physicians licensed under ORS 677.100 to 677.228; ����� (B) Psychologists licensed by the Oregon Board of Psychology under ORS 675.010 to 675.150; ����� (C) Nurse practitioners licensed by the Oregon State Board of Nursing under ORS 678.010 to 678.415; ����� (D) Regulated social workers authorized to practice regulated social work by the State Board of Licensed Social Workers under ORS 675.510 to 675.600; ����� (E) Professional counselors or marriage and family therapists licensed by the Oregon Board of Licensed Professional Counselors and Therapists under ORS 675.715 to 675.835; or ����� (F) Naturopathic physicians licensed by the Oregon Board of Naturopathic Medicine under ORS chapter 685; or ����� (b) A program or service providing treatment by appointment that is licensed, approved, established, maintained, contracted with or operated by the authority under: ����� (A) ORS 430.265 to 430.380 and 430.610 to 430.880 for alcoholism; ����� (B) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to 430.880 for drug addiction; or ����� (C) ORS 430.610 to 430.880 for mental or emotional disturbances. ����� (2) �Residential facility� means a program or facility providing an organized full-day or part-day program of treatment. Such a program or facility shall be licensed, approved, established, maintained, contracted with or operated by the authority under: ����� (a) ORS 430.265 to 430.380 and 430.610 to 430.880 for alcoholism; ����� (b) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to 430.880 for drug addiction; or ����� (c) ORS 430.610 to 430.880 for mental or emotional disturbances. [Derived from 1961 c.706 ��1,37; 1969 c.597 �81; 1983 c.601 �1; 1987 c.411 �4; 1989 c.721 �52; 1991 c.292 �1; 2001 c.900 �132; 2007 c.70 �225; 2009 c.442 �38; 2009 c.549 �3; 2009 c.595 �458; 2011 c.658 �27; 2011 c.673 �15; 2013 c.36 �24; 2017 c.6 �2; 2017 c.356 �54; 2017 c.409 �12; 2019 c.358 �12] ����� 430.020 [1961 c.706 �2; 1965 c.339 �20; repealed by 1969 c.597 �82 (430.021 enacted in lieu of 430.020)] MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES ����� 430.021 Functions of Department of Human Services and Oregon Health Authority; report to authority on use of restraint or seclusion; rules. Subject to ORS 417.300 and 417.305: ����� (1) The Department of Human Services shall directly or through contracts with private entities, counties under ORS 430.620 or other public entities: ����� (a) Direct, promote, correlate and coordinate all the activities, duties and direct services for persons with developmental disabilities. ����� (b) Promote, correlate and coordinate the developmental disabilities activities of all governmental organizations throughout the state in which there is any direct contact with developmental disabilities programs. ����� (c) Establish, coordinate, assist and direct a community developmental disabilities program in cooperation with local government units and integrate such a program with the state developmental disabilities program. ����� (d) Promote public education in this state concerning developmental disabilities and act as the liaison center for work with all interested public and private groups and agencies in the field of developmental disabilities services. ����� (2) The Oregon Health Authority shall directly or by contract with private or public entities: ����� (a) Direct, promote, correlate and coordinate all the activities, duties and direct services for persons with mental or emotional disturbances, alcoholism or drug dependence. ����� (b) Promote, correlate and coordinate the mental health activities of all governmental organizations throughout the state in which there is any direct contact with mental health programs. ����� (c) Establish, coordinate, assist and direct a community mental health program in cooperation with local government units and integrate such a program with the state mental health program. ����� (d) Promote public education in this state concerning mental health and act as the liaison center for work with all interested public and private groups and agencies in the field of mental health services. ����� (3) The department and the authority shall develop cooperative programs with interested private groups throughout the state to effect better community awareness and action in the fields of mental health and developmental disabilities, and encourage and assist in all necessary ways community general hospitals to establish psychiatric services. ����� (4) To the greatest extent possible, the least costly settings for treatment, outpatient services and residential facilities shall be widely available and utilized except when contraindicated because of individual health care needs. State agencies that purchase treatment for mental or emotional disturbances shall develop criteria consistent with this policy. In reviewing applications for certificates of need, the Director of the Oregon Health Authority shall take this policy into account. ����� (5) The department and the authority shall accept the custody of persons committed to its care by the courts of this state. ����� (6) The authority shall adopt rules to require a facility and a nonhospital facility as those terms are defined in ORS 426.005, and a provider that employs a person described in ORS 426.415, if subject to authority rules regarding the use of restraint or seclusion during the course of mental health treatment of a child or adult, to report to the authority each calendar quarter the number of incidents involving the use of restraint or seclusion. The aggregate data shall be made available to the public. [1969 c.597 �83 (enacted in lieu of 430.020); 1973 c.795 �4; 1983 c.601 �4; 1987 c.660 �20; 1989 c.116 �3; 1989 c.834 �17; 1991 c.122 �8; 2001 c.900 �133; 2007 c.70 �226; 2007 c.164 �1; 2009 c.595 �459; 2011 c.720 �166; 2013 c.36 �25] ����� 430.030 Application of ORS 430.021. The enumeration of duties, functions and powers under ORS 430.021 shall not be deemed exclusive nor construed as a limitation on the powers and authority vested in the Department of Human Services or the Oregon Health Authority by other provisions of law. [1961 c.706 �3; 1969 c.597 �85; 2009 c.595 �460] ����� 430.040 [1961 c.706 ��6,8(2); repealed by 1963 c.490 �1 (430.041 enacted in lieu of 430.040)] ����� 430.041 [1963 c.490 �2 (enacted in lieu of 430.040); repealed by 2001 c.900 �261] ����� 430.050 [1961 c.706 �18; 1969 c.314 �36; 1969 c.597 �86; 1981 c.750 �12; 1989 c.116 �4; 1989 c.777 �1; 2007 c.70 �227; 2009 c.595 �461; repealed by 2025 c.405 �15] ����� 430.060 [1961 c.706 �9; repealed by 1963 c.490 �5] ����� 430.065 [1991 c.654 �1; 2001 c.900 �134; repealed by 2005 c.705 �2] ����� 430.070 [1961 c.706 �10; repealed by 1963 c.490 �5] ����� 430.071 Policies to support and promote independence and self-determination. The Oregon Health Authority shall adopt policies that support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services. The policies shall be designed to remove barriers that: ����� (1) Segregate persons with disabilities from full participation in the community in the most integrated setting in accordance with the United States Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999); and ����� (2) Prevent persons with disabilities from enjoying a meaningful life, the benefits of community involvement and citizen rights guaranteed by law. [2007 c.805 �1; 2009 c.595 �462; 2022 c.5 �1] ����� Note: 430.071 to 430.078 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. ����� 430.073 Consumer Advisory Council. (1) As used in this section and ORS 430.075, �consumer� means a person who has received or is receiving mental health, addiction or substance use disorder services. ����� (2) Consistent with the principles embodied in ORS 430.071 to support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services, the Director of the Oregon Health Authority shall maintain a Consumer Advisory Council to: ����� (a) Advise the director on the provision of mental health, addiction and substance use disorder services by the Oregon Health Authority and operate as a representative body that facilitates input from and communication with the peer constituency of the council. ����� (b) Review, evaluate and provide feedback, as permitted by federal law, on select deidentified site review reports related to mental health, addiction and substance use disorder services provided by the authority. ����� (c) Review, evaluate or publish impacts, advisories or fiscal benefit estimates for the director or the peer constituency of the council, or as public information, concerning any policy proposals developed in accordance with ORS 430.071. ����� (d) Recommend policies in accordance with ORS 430.071. ����� (e) Provide perspectives and experiences. ����� (f) Communicate concerns, emergency needs or general conditions related to the delivery of mental health, addiction and substance use disorder services. ����� (3) The director shall appoint 15 to 25 consumers to the council from a list of candidates submitted by: ����� (a) Existing consumers on the council; or ����� (b) A seven-person committee, appointed by the members of the council, consisting of individuals who represent independent consumer-run organizations, consumer-run advocacy organizations and consumer-operated advisory councils that are active or headquartered in this state. ����� (4) In selecting the candidates to be submitted to the director under subsection (3) of this section, the council or committee shall strive for the balance described in subsection (5) of this section and otherwise encourage outreach to new members and diverse groups in the consumer or peer community. ����� (5) In making appointments to the council, the director shall strive to balance the representation according to geographic areas of the state, race, ethnicity, gender identity and age. ����� (6) The authority shall provide administrative support to the council. ����� (7) A member of the council is entitled to compensation in an amount determined by the director and to actual and necessary travel expenses incurred by the member in the performance of the member�s official duties. Claims for compensation and expenses shall be paid out of funds appropriated to the authority for purposes of the council. [2007 c.805 �2; 2009 c.595 �463; 2015 c.287 �1; 2022 c.5 �2] ����� Note: See note under 430.071. ����� 430.075 Consumer participation on task forces, commissions, advisory groups and committees. (1) Subject to the limitations in subsection (2) of this section, at least 20 percent of the membership of all task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109, shall be consumers, with representation balanced by age. ����� (2) Subsection (1) of this section applies only to task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109, that: ����� (a) Primarily relate to persons with mental health or addiction issues; and ����� (b) Are subject to ORS 192.630. [2007 c.805 �3] ����� Note: See note under 430.071. ����� 430.078 Rules. The Oregon Health Authority shall adopt rules to implement ORS 430.071 to 430.075. [2007 c.805 �4; 2009 c.595 �464] ����� Note: See note under 430.071. ����� 430.080 [1961 c.706 �7; 1967 c.263 �1; 1973 c.697 �6; renumbered 430.270] ����� 430.090 [1961 c.706 �8(1); renumbered 430.260] ����� 430.095 [1969 c.637 �1; renumbered 430.265] ����� 430.100 [1961 c.706 �19; 1967 c.263 �2; 1969 c.314 �37; 1969 c.597 �87; 1971 c.622 �5; 1973 c.697 �7; repealed by 1985 c.740 �18] ����� 430.103 [1969 c.459 �1; 1971 c.484 �1; repealed by 1973 c.697 �21] ����� 430.107 [1969 c.442 �3; repealed by 1973 c.697 �21] ����� 430.110 [1961 c.706 �16; 1969 c.597 �88; 1973 c.247 �1; repealed by 2001 c.900 �261] ����� 430.120 [1961 c.706 �17; 1963 c.471 �3; repealed by 1973 c.807 �4] ����� 430.130 [1961 c.706 �12; repealed by 1963 c.490 �5] ����� 430.140 Federal grants for promoting mental health. (1) The Oregon Health Authority is designated as the state agency to apply to and receive from the federal government or any agency thereof such grants for promoting mental health, including grants for mental hygiene programs, as may be available to this state or any of its political subdivisions or agencies. ����� (2) For the purposes of subsection (1) of this section, the authority shall: ����� (a) Disburse or supervise the disbursement of all funds made available at any time by the federal government or this state for those purposes, except the funds made available by the state for the care of dependent or delinquent children in public or private institutions. ����� (b) Adopt, carry out and administer plans for those purposes. Plans so adopted shall be made statewide in application insofar as reasonably feasible, possible or permissible, and shall be so devised as to meet the approval of the federal government or any of its agencies, not inconsistent with the laws of the state. [1961 c.706 �15; 2009 c.595 �465] ����� 430.150 [1961 c.706 ��13,14; repealed by 1963 c.490 �5] ����� 430.160 Federal funds deposited in special account. All funds allotted to the state by the Surgeon General, the Treasury Department, or other agency of the United States for the construction and operation of community facilities in carrying out the state plan for the promotion of mental health or developmental disability services, shall be deposited with the State Treasurer and shall be credited to a special account in the State Treasury, separate from the General Fund, to be used as a depository for such federal funds. Such funds hereby are continuously appropriated and shall be expended solely for the purpose of construction and operation of community facilities and in accordance with the plan upon which the allotment to the state was based. [1965 c.557 �5; 2009 c.595 �466] ����� 430.165 Fee schedules; collection of fees; definition. The Oregon Health Authority may prescribe fee schedules for any of the programs that it establishes and operates under ORS 430.265, 430.306 to 430.375, 430.405, 430.415 and 430.850 to 430.880. The fees shall be charged and collected by the authority in the same manner as charges are collected under ORS 179.610 to 179.770. When the authority acts under this section, �person in a state institution� or �person at a state institution� or any similar phrase, as defined in ORS 179.610, includes a person who receives services from a program for which fee schedules are established under this section. [1975 c.181 �2; 1983 c.338 �927; 2001 c.900 �228; 2009 c.595 �467; 2018 c.76 �4] ����� 430.170 [1971 c.306 �8; 1999 c.829 �5; 2009 c.595 �468; repealed by 2011 c.720 �228] ����� 430.180 [1977 c.384 �2; 1989 c.116 �6; 2001 c.487 �15; repealed by 2009 c.595 �1204] ����� 430.190 [1983 c.562 �4; 1985 c.494 �4; 1989 c.116 �8; 2001 c.900 �232; repealed by 2009 c.595 �1204] ����� 430.195 Receipt of funds for client use; disbursements from trust accounts; authority of other agencies. (1) The Department of Human Services may receive funds that are the property of the department�s clients or are contributed for the use of the department�s clients. The department shall deposit such funds in trust accounts established under ORS 293.445. Interest earned by a trust account shall be credited to the account. ����� (2) The Oregon Health Authority may receive funds that are the property of the authority�s clients or are contributed for the use of the authority�s clients. The authority shall deposit such funds in trust accounts established under ORS 293.445. Interest earned by a trust account shall be credited to the account. ����� (3) Disbursements from a trust account shall be made for purposes for which the contributions or payments were made to the department or the authority. When such purposes include the care or maintenance of a client, the department or the authority may draw reimbursements from the account to pay for care and services provided to the client. ����� (4) The department or the authority may by interagency agreement authorize another state agency to exercise the authority granted under this section. Any system of accounts used for purposes of this subsection shall provide detailed accountability for each receipt and disbursement of funds for each client. The department and the authority shall remain accountable for the proper handling of the trust accounts authorized by this section. [1999 c.829 �7; 2009 c.595 �469] ����� Note: 430.195 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. ����� 430.197 Mental Health Services Fund. The Mental Health Services Fund is established in the State Treasury, separate and distinct from the General Fund. The Mental Health Services Fund comprises moneys collected or received by the Oregon Health Authority, the Department of Human Services and the Department of Corrections under ORS 179.640, 426.313 and 430.165. The moneys in the fund are continuously appropriated to the Oregon Health Authority, the Department of Human Services and the Department of Corrections for the purposes of paying the costs of: ����� (1) Services provided to a person in a state institution, as defined in ORS 179.610; ����� (2) Emergency psychiatric care, custody and treatment paid under ORS 426.313; ����� (3) Emergency care, custody or treatment provided to a person admitted to or detained in a state mental hospital or nonhospital facility under ORS 426.070, 426.140, 426.180 to 426.210, 426.228, 426.232 or 426.233; and ����� (4) Programs operating under ORS 430.265, 430.306 to 430.375, 430.405, 430.415 and 430.850 to 430.880. [2011 c.720 �226; 2012 c.25 �5; 2015 c.785 �8; 2018 c.76 �5] ����� Note: 430.197 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. ����� 430.205 Definitions for ORS 430.205 and 430.210. As used in this section and ORS 430.210: ����� (1) �Facility� means any of the following that are licensed or certified by the Oregon Health Authority or that contract with the authority for the provision of services: ����� (a) A health care facility as defined in ORS 442.015; ����� (b) A domiciliary care facility as defined in ORS 443.205; ����� (c) A residential facility as defined in ORS 443.400; or ����� (d) An adult foster home as defined in ORS 443.705. ����� (2) �Person� means an individual who has a mental illness and receives services from a program or facility. ����� (3) �Program� means: ����� (a) A community mental health program established under ORS 430.620; ����� (b) A public or private entity contracting with the authority under ORS 430.021 to provide services; or ����� (c) Any other provider that is paid directly or indirectly by the authority to provide services in the community. ����� (4) �Services� means mental health services described in ORS 430.630. [1993 c.96 �2; 2009 c.595 �470; 2011 c.720 �167; 2013 c.36 �26; 2019 c.236 �1] ����� 430.210 Rights of persons receiving mental health services. (1) While receiving services, every person shall have the right to: ����� (a) Choose from available services those that are appropriate, consistent with the plan developed in accordance with paragraphs (b) and (c) of this subsection and provided in a setting and under conditions that are least restrictive to the person�s liberty, that are least intrusive to the person and that provide for the greatest degree of independence. ����� (b) An individualized service plan, services based upon that plan and periodic review and reassessment of service needs. ����� (c) Ongoing participation in planning of services in a manner appropriate to the person�s capabilities, including the right to participate in the development and periodic revision of the plan described in paragraph (b) of this subsection, and the right to be provided with a reasonable explanation of all service considerations. ����� (d) Not receive services without informed voluntary written consent except in a medical emergency or as otherwise permitted by law. ����� (e) Not participate in experimentation without informed voluntary written consent. ����� (f) Receive medication only for the person�s individual clinical needs. ����� (g) Not be involuntarily terminated or transferred from services without prior notice, notification of available sources of necessary continued services and exercise of a grievance procedure. ����� (h) A humane service environment that affords reasonable protection from harm, reasonable privacy and daily access to fresh air and the outdoors, except that such access may be limited when it would create significant risk of harm to the person or others. ����� (i) Be free from abuse or neglect and to report any incident of abuse without being subject to retaliation. ����� (j) Religious freedom. ����� (k) Not be required to perform labor, except personal housekeeping duties, without reasonable and lawful compensation. ����� (L) Visit with family members, friends, advocates and legal and medical professionals. ����� (m) Exercise all rights set forth in ORS 426.385 if the individual is committed to the Oregon Health Authority. ����� (n) Be informed at the start of services and periodically thereafter of the rights guaranteed by this section and the procedures for reporting abuse, and to have these rights and procedures, including the name, address and telephone number of the system described in ORS 192.517 (1), prominently posted in a location readily accessible to the person and made available to the person�s guardian and any representative designated by the person. ����� (o) Assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely and impartial grievance procedure. ����� (p) Have access to and communicate privately with any public or private rights protection organization or rights advocate. ����� (q) Exercise all rights described in this section without any form of reprisal or punishment. ����� (2) The rights described in this section are in addition to, and do not limit, all other statutory and constitutional rights that are afforded all citizens including, but not limited to, the right to vote, marry, have or not have children, own and dispose of property, enter into contracts and execute documents. ����� (3) The rights described in this section may be asserted and exercised by the person, the person�s guardian and any representative designated by the person. ����� (4) Nothing in this section may be construed to alter any legal rights and responsibilities between parent and child. [1993 c.96 �3; 2005 c.550 �1; 2007 c.57 �2; 2009 c.595 �471; 2011 c.720 �168; 2013 c.36 �27; 2019 c.236 �2; 2021 c.97 �47] ����� 430.212 Reconnection of family members to individual with developmental disability; rules. (1) The Department of Human Services shall establish a process by rule that implements the reconnection of family members with an individual with a developmental disability as defined in ORS 427.005. ����� (2) The rules adopted under subsection (1) of this section shall include a process that provides guidance for the release of information about the individual to family members when: ����� (a) The individual is incapable of providing consent for the release of information; ����� (b) The individual does not have a guardian or any representative designated by the individual who is authorized to release information; and ����� (c) The release of information is in the best interests of the individual as determined by the department. [2005 c.550 �2; 2011 c.658 �39] ����� Note: 430.212 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. ����� 430.215 Responsibility for developmental disability services and psychiatric treatment services for children. (1) The Department of Human Services shall be responsible for planning, policy development, administration and delivery of services to children with developmental disabilities and their families. Services to children with developmental disabilities may include, but are not limited to, case management, family support, crisis and diversion services, intensive in-home services, and residential and foster care services. The department may deliver the services directly or through contracts with private entities, counties under ORS 430.620 or other public entities. ����� (2) The Oregon Health Authority shall be responsible for psychiatric residential and day treatment services for children with mental or emotional disturbances. [1993 c.676 �28(2); 1999 c.316 �1; 2009 c.595 �472; 2013 c.36 �28] ����� Note: 430.215 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. ����� 430.216 Report to Legislative Assembly. (1) The Department of Human Services shall report to each odd-numbered year regular session of the Legislative Assembly: ����� (a) On the safety of individuals receiving developmental disability services including, but not limited to: ����� (A) The average turnover of direct care workers in service settings. ����� (B) A summary of the training provided by the department or its contractors to direct care workers in service settings. ����� (C) A summary of the core competencies required of direct care workers in service settings by the state for licensing or certification. ����� (D) A summary of the average wages of direct care workers in service settings, presented by type of services provided. ����� (E) The number of complaints of abuse filed as required by ORS 430.765 and received by the department under ORS 430.743, reported by type of allegation. ����� (F) The number of direct care workers in service settings who were subject to criminal or civil action involving an individual with a developmental disability. ����� (G) The number of deaths, serious injuries, sexual assaults and rapes alleged to have occurred in service settings. ����� (b) A schedule of all license fees and civil penalties established by the department by rule pursuant to ORS 443.455 and 443.790. ����� (2) The department shall provide the report described in subsection (1)(a) of this section to the appropriate legislative committees, the Oregon Council on Developmental Disabilities and to the agency designated to administer the state protection and advocacy system under ORS 192.517. ����� (3) As used in this section, �service settings� means any of the following that provide developmental disability services: ����� (a) An adult foster home as defined in ORS 443.705; ����� (b) A residential facility as defined in ORS 443.400; ����� (c) A location where home health services, as defined in ORS 443.014, are received by a resident; ����� (d) A location where in-home care services, as defined in ORS 443.305, are received by a resident; and ����� (e) A domiciliary care facility as defined in ORS 443.205. [2009 c.837 �4; 2009 c.828 �79; 2011 c.9 �60; 2011 c.545 �54; 2013 c.36 �29; 2017 c.679 �37] ����� Note: 430.216 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. ����� 430.217 Denial of mental health services on basis of individual�s intellectual or developmental disability prohibited; rules. (1) A public body, as defined in ORS 174.109, a community mental health program, a licensed medical provider or other certified or licensed practitioner, an education provider or a coordinated care organization may not deny any individual access to mental health assessment, treatment or services on the basis that the individual also has an intellectual or developmental disability. ����� (2) The Oregon Health Authority, the Department of Human Services, the Department of Education, the Oregon Medical Board and other health licensing agencies that license or certify mental or behavioral health providers shall adopt rules to carry out the provisions of this section. ����� (3) As used in this section, �education provider� means: ����� (a) A school district, as defined in ORS 332.002; ����� (b) The Oregon School for the Deaf; ����� (c) An educational program under the Youth Corrections Education Program; ����� (d) A public charter school, as defined in ORS 338.005; ����� (e) An education service district, as defined in ORS 334.003; ����� (f) An approved recovery school, as defined in ORS 336.680; or ����� (g) Any state-operated program that provides educational services to students. [2024 c.96 �5; 2025 c.313 �1] ����� Note: 430.217 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. ����� 430.218 [2005 c.805 �1; renumbered 427.450 in 2011] SUBSTANCE USE PREVENTION AND TREATMENT (Alcohol and Drug Policy Commission) ����� 430.220 Director; appointment; powers and duties. (1) The Governor shall appoint a Director of the Alcohol and Drug Policy Commission who shall serve at the pleasure of the Governor and be responsible for the dissemination and implementation of the Alcohol and Drug Policy Commission�s policies and the performance of the commission�s duties, functions and powers. ����� (2) The director shall be paid a salary as provided by law or, if not so provided, as prescribed by the Governor. ����� (3) Subject to ORS chapter 240, the director shall appoint all employees of the commission, prescribe their duties and fix their compensation. ����� (4) The director has all powers necessary to effectively and expeditiously carry out the duties, functions and powers of the commission, including the authority to: ����� (a) Enter into contracts; ����� (b) Apply for and receive gifts and grants from any public or private source; and ����� (c) Award grants from funds appropriated by the Legislative Assembly to the commission or from funds otherwise available from any other source. ����� (5) The director shall enter into agreements with participating state agencies for the sharing of information as necessary to carry out the duties of the commission. The agreements shall ensure the confidentiality of all information that is protected from disclosure by state and federal laws. [2018 c.44 �2; 2022 c.63 �1; 2025 c.495 �1] ����� Note: 430.220 to 430.223 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. ����� 430.221 Commission members; terms; subcommittees. (1) As used in this section and ORS 430.220 and 430.223: ����� (a) �Participating state agency� means the Department of Corrections, the Department of Human Services, the Oregon Health Authority, the Department of Education, the Oregon Criminal Justice Commission, the Oregon State Police, the Oregon Youth Authority, the Department of Consumer and Business Services, the Housing and Community Services Department, the Youth Development Division, the Higher Education Coordinating Commission, the Oregon State Lottery Commission, the Oregon Liquor and Cannabis Commission, the Department of Veterans� Affairs or any state agency that administers or funds substance use prevention, substance use disorder treatment or recovery support services. ����� (b) �Provider� means any person that is licensed by the Oregon Health Authority to provide substance use prevention, substance use disorder treatment or recovery support services. ����� (2) There is created the Alcohol and Drug Policy Commission, which is charged with improving access to evidence-based, evidence-informed and culturally informed substance use prevention, substance use disorder treatment and recovery support services by establishing state policies and holding participating state agencies accountable for carrying out those policies. ����� (3) The membership of the commission consists of: ����� (a) Twenty-one members appointed by the Governor, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565 and appointed, as the Governor deems practicable, to ensure representation from every region of the state and from individuals with lived experience with substance use disorder and their family members, as follows: ����� (A) One representative of a federally recognized Indian tribe; ����� (B) One county commissioner, manager or administrator; ����� (C) Nine health care providers who have substance use disorder expertise and who, collectively, have experience in the following settings: ����� (i) Outpatient care; ����� (ii) Inpatient care; ����� (iii) Emergency response; ����� (iv) Housing that is supportive to people who have a current diagnosis of a substance use disorder or are in recovery from a substance use disorder; and ����� (v) Peer support; ����� (D) One certified prevention specialist; ����� (E) One coordinated care organization representative; ����� (F) One representative of the criminal justice system, including a county sheriff, chief of police or community corrections director; ����� (G) One attorney who is a district attorney, criminal defense attorney or assistant attorney general; ����� (H) One community mental health program representative; ����� (I) One health insurer representative; ����� (J) One county juvenile department director; ����� (K) One school administrator; ����� (L) One city representative; and ����� (M) One local public health administrator, as defined in ORS 431.003. ����� (b) Two members of the Legislative Assembly appointed to the commission as nonvoting members of the commission, acting in an advisory capacity only and including: ����� (A) One member from among members of the Senate appointed by the President of the Senate; and ����� (B) One member from among members of the House of Representatives appointed by the Speaker of the House of Representatives. ����� (c) A judge of a circuit court appointed to the commission as a nonvoting member by the Chief Justice of the Supreme Court. ����� (d) Up to three representatives of different participating state agencies, including one representative of a primarily youth-serving agency, appointed to the commission as nonvoting members by the Governor. ����� (4) The Governor shall select one member of the commission to serve as chairperson and another to serve as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the Governor determines. ����� (5)(a) A majority of the voting members of the commission constitutes a quorum for the transaction of business. ����� (b) If a member of the commission appointed by the Governor is absent for more than two consecutive scheduled meetings of the commission, the Director of the Alcohol and Drug Policy Commission appointed under ORS 430.220 may recommend to the Governor that the member be replaced. ����� (6) Official action of the commission requires the approval of a majority of a quorum. ����� (7) The commission may establish a steering committee and subcommittees. These committees may be continuing or temporary. A person who is not a member of the commission may be appointed by the commission to serve on a subcommittee. The commission shall appoint subcommittee members to ensure representation from all stakeholders directly impacted by the work of the commission. ����� (8) The term of office of each commission member appointed by the Governor is four years, but a member serves at the pleasure of the Governor. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective. ����� (9) The Oregon Health Authority shall provide staff support to the commission. Subject to available funding, the commission may contract with a public or private entity to provide staff support. ����� (10) Members of the commission who are not members of the Legislative Assembly are entitled to compensation and expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for compensation and expenses shall be paid out of funds appropriated to the Oregon Health Authority or funds appropriated to the commission for purposes of the commission. [Formerly 430.241; 2022 c.63 �2; 2025 c.495 �2] ����� Note: See note under 430.220. ����� 430.223 Comprehensive statewide plan; reports; rules. (1) For purposes of this section, �program� means a substance use prevention, substance use disorder treatment or recovery support services program that receives state funds or state-administered funds. ����� (2) The Alcohol and Drug Policy Commission established under ORS 430.221 shall develop a comprehensive substance use prevention, substance use disorder treatment and recovery support services plan for this state. The plan may include, but is not limited to, recommendations regarding: ����� (a) Capacity, type and utilization of programs; ����� (b) Methods to assess the effectiveness and performance of programs; ����� (c) The best use of existing programs; ����� (d) Budget policy priorities for participating state agencies; ����� (e) Standards for licensing programs; ����� (f) Minimum standards for contracting for, providing and coordinating substance use prevention, substance use disorder treatment and recovery support services; ����� (g) The most effective and efficient use of participating state agency resources to support programs; and ����� (h) Youth substance use prevention and youth substance use disorder treatment and recovery strategies to reduce substance use disorders among individuals who are up to 26 years of age and their families. ����� (3) All participating state agencies shall: ����� (a) Meet with the commission on a quarterly basis, or as requested by the commission, to review and report on each agency�s progress on implementing the plan; ����� (b) Report to the commission, in the manner prescribed by the commission, each agency�s process and outcome measures established under the plan; and ����� (c) Provide notice to the commission at least 45 days before adopting any rule relating to substance use prevention, substance use disorder treatment or recovery support services. ����� (4) The commission shall review and update the plan no later than July 1 of each even-numbered year and shall submit to the Governor and to the appropriate committees or interim committees of the Legislative Assembly a report on the metrics and other indicators of progress in achieving the goals of the plan. ����� (5) The commission may: ����� (a) Conduct studies related to the duties of the commission in collaboration with other state agencies; ����� (b) Apply for and receive gifts and grants for public and private sources; and ����� (c) Use funds received by the commission to carry out the purposes of ORS 430.220 and 430.221 and this section. ����� (6) All participating state agencies and local agencies shall assist the commission in developing the comprehensive substance use prevention, substance use disorder treatment and recovery support services plan. ����� (7) The commission may adopt rules to carry out its duties under this section. [Formerly 430.242; 2022 c.63 �3; 2025 c.495 �4] ����� Note: See note under 430.220. ����� 430.225 Education and technical assistance to providers. The Alcohol and Drug Policy Commission, in collaboration with the Oregon Health and Science University, shall provide education and technical assistance to providers of youth substance use disorder treatment and early intervention. [2025 c.507 �2] ����� Note: 430.225 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. (Temporary provisions relating to statewide primary prevention planning) ����� Note: Sections 1 and 4, chapter 507, Oregon Laws 2025, provide: ����� Sec. 1. (1) As used in this section: ����� (a) �Indicated prevention� means prevention strategies that focus on individuals who exhibit early signs of substance use or other risk factors but who do not have a diagnosable substance use disorder. ����� (b) �Primary prevention� means practices, programs and policies designed to prevent, delay and reduce the incidence and prevalence of youth substance use. ����� (c) �Selective prevention� means prevention strategies that target individuals, or groups of individuals, whose risk of developing a substance use disorder is significantly higher than average. ����� (d) �Universal prevention� means prevention strategies that are aimed at the general public or a whole population group, without identifying individuals who are at particular risk of developing a substance use disorder. ����� (2) The Alcohol and Drug Policy Commission shall develop and implement plans, including a statewide primary prevention strategy, that address the entire youth continuum of care and are designed to prevent the onset of substance use by: ����� (a) Promoting health and well-being among individuals who have not begun using alcohol, tobacco or controlled substances; and ����� (b) Utilizing universal prevention, selective prevention and indicated prevention strategies. ����� (3) In developing the plans described in subsection (2) of this section, the commission shall: ����� (a) Conduct a comprehensive inventory and assessment of existing primary prevention programs in this state, including programs that are school-based or provided by youth-serving agencies or organizations. The comprehensive inventory and assessment must include an assessment of the current workforce, types of entities supporting or administering the programs, types of interventions being utilized, effectiveness of the programs, feasibility of increasing the services of the programs, funding streams and areas of unmet need. ����� (b) Conduct an assessment of existing gaps in the provider workforce and service delivery system for youth in need of all levels of substance use disorder treatment, including intensive outpatient treatment, residential treatment, withdrawal management and treatment for co-occurring disorders. ����� (c) Conduct, or contract with a third party to conduct, a financial accounting of current primary prevention expenses in this state, including services funded and the funding sources and amounts for those services. ����� (d) Define state agency responsibilities, outline funding models and identify implementation strategies and expected outcomes. ����� (4) No later than September 15, 2026, the commission shall report to the interim committees of the Legislative Assembly related to health, in the manner provided in ORS 192.245, on the commission�s findings and recommendations under this section. [2025 c.507 �1] ����� Sec. 4. Section 1 of this 2025 Act is repealed on January 2, 2027. [2025 c.507 �4] (Improving People�s Access to Community-based Treatment, Supports and Services Program) ����� 430.230 Definitions. As used in this section and ORS 430.231, 430.238 and 430.243: ����� (1) �Comprehensive community supports and services� includes: ����� (a) Community-based mental health or substance use disorder treatment programs; ����� (b) Community restoration services as defined in ORS 161.355; ����� (c) Evidence-based and tribal-based programs designed to reduce hospital and jail utilization by target populations; and ����� (d) Programs aimed at diverting individuals with nonperson criminal charges experiencing mental illness or substance use disorders from the criminal justice system. ����� (2) �County� includes a single county or a regional consortium of counties. [2019 c.563 �6; 2021 c.395 �13; 2025 c.557 �47] ����� Note: The amendments to 430.230 by section 47, chapter 557, Oregon Laws 2025, become operative July 1, 2026, and apply to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 50 and 51, chapter 557, Oregon Laws 2025. The text that is operative until July 1, 2026, is set forth for the user�s convenience. ����� 430.230. As used in ORS 430.230 to 430.236: ����� (1) �Comprehensive community supports and services� includes: ����� (a) Community-based mental health or substance use disorder treatment programs; ����� (b) Community restoration services as defined in ORS 161.355; ����� (c) Evidence-based and tribal-based programs designed to reduce hospital and jail utilization by target populations; and ����� (d) Programs aimed at diverting individuals with nonperson criminal charges experiencing mental illness or substance use disorders from the criminal justice system. ����� (2) �County� includes a single county or a regional consortium of counties. ����� Note: 430.230 to 430.238 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. ����� 430.231 Improving People�s Access to Community-based Treatment, Supports and Services Program; purpose; duties of Oregon Criminal Justice Commission; rules. (1) The Improving People�s Access to Community-based Treatment, Supports and Services Program is established in recognition of the shortage of comprehensive community supports and services for individuals with mental health or substance use disorders, leading to their involvement with the criminal justice system, hospitalizations and institutional placements. The purpose of the program is to address this need by awarding grants to counties and Oregon�s federally recognized Indian tribes to establish evidence-based and tribal-based programs to provide the needed supports and services. ����� (2) The Oregon Criminal Justice Commission shall adopt rules for administering the program, including rules: ����� (a) Identifying the target population of people with frequent criminal justice involvement and behavioral health conditions to be served by the programs funded with the grants; ����� (b) Prescribing a methodology for the commission to review and approve grant applications and award grants; ����� (c) Establishing program or service outcome measures; ����� (d) Establishing criteria for allowing a grant recipient to use a grant or a portion of a grant to: ����� (A) Expand the workforce of providers of mental health or substance abuse services in the community; or ����� (B) Provide permanent, supportive housing for individuals with mental health or substance use disorders; ����� (e) Establishing a process for distributing any unallocated funds; ����� (f) Establishing a process for evaluating the efficacy of programs and services funded by the grant program; ����� (g) Establishing provisions related to requests by grant recipients to adjust their grant awards; and ����� (h) Establishing provisions related to partnerships or collaborations between applicants. ����� (3) The commission shall allocate funds in the Improving People�s Access to Community-based Treatment, Supports and Services Account established in ORS 430.233 to grant recipients. The funds may not be used for a purpose other than the programs providing supports and services for which the grants were awarded. ����� (4) The commission shall designate a percentage of the funds to be set aside and awarded to at least one federally recognized Indian tribe. ����� (5) If unallocated funds remain at the conclusion of the grant acceptance period, the commission may establish a supplemental grant period and distribute the unallocated funds to the counties or Oregon�s federally recognized Indian tribes that received grants. ����� (6) Up to 20 percent of the funds in the account may be used for operating a statewide program to support the design and implementation of community-based services, including but not limited to: ����� (a) Technical assistance to prospective grant recipients in developing proposals, particularly for developing proposals for supportive housing; ����� (b) Technical assistance to grant recipients for troubleshooting data collection requirements and sharing information with third parties as necessary for carrying out the programs; ����� (c) Statewide training, provided in-person and remotely, for grant recipients and others, focused on improving outcomes for the target population; ����� (d) Making resources available to district attorneys and defense attorneys for consultation on cases involving defendants with complex behavioral health issues; ����� (e) Developing or strengthening a centralized system to make available to communities practitioners in professional specialties for which there is a shortage, including practitioners of addiction medicine and psychiatry; and ����� (f) Creating or operating information technology systems to support the data system needs for the evaluation, accountability and innovation components of the program. ����� (7)(a) The commission shall procure and enter into contracts for goods, services and personal services related to the creation, operation, maintenance and management of information technology systems for the purpose of carrying out this section. ����� (b) The commission may procure and enter into contracts for goods, services and personal services related to designing, developing, conducting, performing and completing research, review, audits, statistical analyses, investigations, studies, reports and evaluations for the purpose of carrying out this section. ����� (8) Three percent of the funds in the account must be used to support outcome measures, evaluation or both. ����� (9) An application for a grant must be submitted by a federally recognized Indian tribe or a county and: ����� (a) Must include: ����� (A) For applications from counties, a report of the input from the local federally recognized Indian tribes and, to the extent feasible, an explanation of how the input was incorporated into the design of the program, supports and services. ����� (B) For applications from federally recognized Indian tribes, a report of the input from the county and, to the extent feasible, an explanation of how the input was incorporated into the design of the program, supports and services. ����� (C) An agreement to screen all participants receiving supports and services funded by the grants for potential eligibility for medical assistance and to assist eligible participants to apply for medical assistance, including an agreement for a process for sharing data and protecting the confidentiality of recipients among the program participants. ����� (D) A process for program partners, participating jails and hospitals to: ����� (i) Provide information upon admission or at intake about the potential risks and benefits of tribal notification; and ����� (ii) Offer tribal members the opportunity to disclose their statuses and situations to the federally recognized Indian tribe of their choosing. ����� (b) May include a request to have more flexibility in using existing state funding to provide supports and services that address the need described in subsection (1) of this section. ����� (c) May include letters of support and commitments from community leaders or organizations, including but not limited to: ����� (A) Agencies working with homeless individuals; ����� (B) Behavioral health care providers; ����� (C) Coordinated care organizations; and ����� (D) Local hospitals. ����� (10) Grant recipients shall report to the commission on outcome measures or evaluation metrics collected as part of the grant for participants receiving supports and services provided with funds from the grants. ����� (11) Data reported by grant recipients under this section shall be used only for statistical purposes and not for any other purpose. Data reports may not contain information that reveals the identity of any individual. Data collected by grant recipients or government agencies or held by the commission under this section that may reveal the identity of any individual is exempt from public disclosure in any manner. [2019 c.563 �1; 2025 c.557 �14] ����� Note: The amendments to 430.231 by section 14, chapter 557, Oregon Laws 2025, become operative July 1, 2026, and apply to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 50 and 51, chapter 557, Oregon Laws 2025. The text that is operative until July 1, 2026, is set forth for the user�s convenience. ����� 430.231. (1) The Improving People�s Access to Community-based Treatment, Supports and Services Program is established in recognition of the shortage of comprehensive community supports and services for individuals with mental health or substance use disorders, leading to their involvement with the criminal justice system, hospitalizations and institutional placements. The purpose of the program is to address this need by awarding grants to counties and Oregon�s federally recognized Indian tribes to establish evidence-based and tribal-based programs to provide the needed supports and services. ����� (2) The Improving People�s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 shall adopt rules for administering the program, including rules: ����� (a) Identifying the target population of people with frequent criminal justice involvement and behavioral health conditions to be served by the programs funded with the grants; ����� (b) Prescribing a methodology for the committee to review and approve grant applications; ����� (c) Establishing program or service outcome measures; ����� (d) Establishing criteria for allowing a grantee to use a grant or a portion of a grant to: ����� (A) Expand the workforce of providers of mental health or substance abuse services in the community; or ����� (B) Provide permanent, supportive housing for individuals with mental health or substance use disorders; and ����� (e) Allowing the committee to terminate an agreement with an entity that fails to meet the grant requirements or has been found to have misused funds or committed fraud. The ability to meet the grant requirements may be a consideration in future funding or the amount of funding. ����� (3) The committee shall allocate funds in the Improving People�s Access to Community-based Treatment, Supports and Services Account established in ORS 430.233 to grantees. The funds may not be used for a purpose other than the programs providing supports and services for which the grants were awarded. ����� (4) If unallocated funds remain at the conclusion of the grant acceptance period, the committee may establish a supplemental grant period and distribute the unallocated funds to the counties or Oregon�s federally recognized Indian tribes that received grants. ����� (5) Up to 20 percent of the funds in the account may be used for operating a statewide program to support the design and implementation of community-based services, including but not limited to: ����� (a) Technical assistance to prospective grantees in developing proposals, particularly for developing proposals for supportive housing; ����� (b) Technical assistance to grantees for troubleshooting data collection requirements and sharing information with third parties as necessary for carrying out the programs; ����� (c) Statewide training, provided in-person and remotely, for grantees and nongrantees, focused on improving outcomes for the target population; ����� (d) Making resources available to district attorneys and defense attorneys for consultation on cases involving defendants with complex behavioral health issues; ����� (e) Developing or strengthening a centralized system to make available to communities practitioners in professional specialties for which there is a shortage, including practitioners of addiction medicine and psychiatry; and ����� (f) A one-time investment in information technology to support the data system needs for the evaluation, accountability and innovation components of the program. ����� (6)(a) The committee shall procure and enter into contracts for goods, services and personal services related to the creation, operation, maintenance and management of information technology systems for the purpose of carrying out this section. ����� (b) The committee shall procure and enter into contracts for goods, services and personal services related to designing, developing, conducting, performing and completing research, review, audits, statistical analyses, investigations, studies, reports and evaluations for the purpose of carrying out this section. ����� (7) Three percent of the funds in the account must be used to support outcome measures, evaluation or both. ����� (8) An application for a grant must be submitted by the federally recognized Indian tribe or the local public safety coordinating council on behalf of the county and: ����� (a) Must include: ����� (A) Letters of support and commitments from community leaders or organizations that are not members of the local public safety coordinating council, including but not limited to: ����� (i) Agencies working with homeless individuals; ����� (ii) Behavioral health care providers; ����� (iii) Coordinated care organizations; and ����� (iv) Local hospitals. ����� (B) For applications from counties, a report of the input from the local federally recognized Indian tribes and, to the extent feasible, an explanation of how the input was incorporated into the design of the program, supports and services. ����� (C) For applications from federally recognized Indian tribes, a report of the input from the local public safety coordinating council and, to the extent feasible, an explanation of how the input was incorporated into the design of the program, supports and services. ����� (D) An agreement to screen all participants receiving supports and services funded by the grants for potential eligibility for medical assistance and to assist eligible participants to apply for medical assistance, including an agreement for a process for sharing data and protecting the confidentiality of recipients among the program participants. ����� (E) A process for program partners, participating jails and hospitals to: ����� (i) Provide information upon admission or at intake about the potential risks and benefits of tribal notification; and ����� (ii) Offer tribal members the opportunity to disclose their statuses and situations to the federally recognized Indian tribe of their choosing. ����� (b) May include a request to have more flexibility in using existing state funding to provide supports and services that address the need described in subsection (1) of this section. ����� (9) Annually, grantees shall report to the committee and to the Oregon Health Authority the medical assistance enrollment data in addition to other outcome measures or evaluation metrics collected as part of the grant for participants receiving supports and services provided with funds from the grants. ����� Note: See note under 430.230. ����� 430.233 Improving People�s Access to Community-based Treatment, Supports and Services Account. The Improving People�s Access to Community-based Treatment, Supports and Services Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out ORS 430.231. [2019 c.563 �2; 2025 c.557 �15] ����� Note: The amendments to 430.233 by section 15, chapter 557, Oregon Laws 2025, become operative July 1, 2026, and apply to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 50 and 51, chapter 557, Oregon Laws 2025. The text that is operative until July 1, 2026, is set forth for the user�s convenience. ����� 430.233. The Improving People�s Access to Community-based Treatment, Supports and Services Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Improving People�s Access to Community-based Treatment, Supports and Services Grant Review Committee for the purpose of carrying out ORS 430.231. ����� Note: See note under 430.230. ����� 430.234 [2019 c.563 �3; 2024 c.70 �79; repealed by 2025 c.557 �19] ����� Note: 430.234 is repealed July 1, 2026. The repeal applies to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 19, 50 and 51, chapter 557, Oregon Laws 2025. 430.234, including amendments by section 79, chapter 70, Oregon Laws 2024, is set forth for the user�s convenience. ����� 430.234 Improving People�s Access to Community-based Treatment, Supports and Services Grant Review Committee established; membership. (1) The Improving People�s Access to Community-based Treatment, Supports and Services Grant Review Committee is established in the Oregon Criminal Justice Commission consisting of 21 members as follows: ����� (a) The Director of the Oregon Health Authority, or the director�s designee. ����� (b) The Director of the Department of Corrections, or the director�s designee. ����� (c) The Chief Justice of the Supreme Court, or the Chief Justice�s designee. ����� (d) The executive director of the Oregon Criminal Justice Commission or the director�s designee. ����� (e) Two members of the Oregon Criminal Justice Commission, to be appointed by the chair of the commission. ����� (f) The Director of the Housing and Community Services Department or the director�s designee. ����� (g) Nine members appointed by the Governor including: ����� (A) A district attorney. ����� (B) An attorney specializing in defense of individuals with mental health or substance use disorders. ����� (C) A chief of police. ����� (D) A county commissioner. ����� (E) A director of a hospital that provides acute mental health treatment. ����� (F) A representative of a community-based mental health treatment facility or a practitioner in a community-based mental health treatment facility. ����� (G) A representative of a community-based substance use disorder treatment facility or a practitioner in a community-based substance use disorder treatment facility. ����� (H) A sheriff. ����� (I) A representative of a federally recognized Indian tribe. ����� (h) One nonvoting member appointed by the President of the Senate from among members of the Senate. ����� (i) One nonvoting member appointed by the Speaker of the House of Representatives from among members of the House of Representatives. ����� (j) Three members of the public that represent the age demographics of the target population. ����� (2) A majority of the voting members of the committee constitutes a quorum for the transaction of business. ����� (3) The directors of the Oregon Criminal Justice Commission and the Oregon Health Authority or their designees shall serve as cochairpersons. ����� (4) If there is a vacancy for any cause, the appointing authority shall make an appointment to become effective immediately. ����� (5) The committee shall meet at times and places specified by the call of the cochairpersons or a majority of the voting members of the committee. ����� (6) The Oregon Criminal Justice Commission shall provide staff support to the committee. ����� (7) Legislative members of the committee shall be entitled to payment of compensation and expenses under ORS 171.072, payable from funds appropriated to the Legislative Assembly. ����� (8) Members of the committee who are not members of the Legislative Assembly are not entitled to compensation but may be reimbursed for actual and necessary travel and other expenses incurred by the member in the performance of the member�s official duties in the manner and amount provided in ORS 292.495. ����� (9) All agencies of state government, as defined in ORS 174.111, are directed to assist the committee in the performance of the duties of the committee and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the committee consider necessary to perform their duties. ����� Note: See note under 430.230. ����� 430.235 [2019 c.563 �4; repealed by 2025 c.557 �19] ����� Note: 430.235 is repealed July 1, 2026. The repeal applies to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 19, 50 and 51, chapter 557, Oregon Laws 2025. 430.235 (2023 Edition) is set forth for the user�s convenience. ����� 430.235 Grant Review Committee; approval and distribution of grants. (1) The Improving People�s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 shall administer the Improving People�s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231, in consultation with the Oregon Health Authority. ����� (2) The committee shall be responsible for approving grant applications and for distributing the grant moneys in accordance with rules adopted by the committee under ORS 430.231. The committee shall designate a percentage of the funds to be set aside and awarded to at least one federally recognized Indian tribe. ����� (3) The committee may advocate to state agencies on behalf of grantees to reduce the administrative burden of grants with similar goals, services and activities as those in the Improving People�s Access to Community-based Treatment, Supports and Services Program. ����� (4) The committee shall develop additional financial requirements for a grantee�s use of funds as described in subsection (3) of this section. ����� (5) The committee may determine funding priorities based on the results of the outcome measures or the evaluation tools established by the quality improvement subcommittee established in ORS 430.236. The subcommittee shall develop technical assistance and training strategies to support the grantees in meeting the grant outcome measurement requirements. ����� (6) The committee shall establish partnerships with appropriate agencies and other entities to ensure that the information technology infrastructure is sufficient to efficiently collect and analyze program data and to transfer data as needed. To the greatest extent practicable, the committee shall use existing information technology systems and staff expertise. ����� Note: See note under 430.230. ����� 430.236 [2019 c.563 �5; repealed by 2025 c.557 �19] ����� Note: 430.236 is repealed July 1, 2026. The repeal applies to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 19, 50 and 51, chapter 557, Oregon Laws 2025. 430.236 (2023 Edition) is set forth for the user�s convenience. ����� 430.236 Establishment of quality improvement subcommittee; statewide data tracking. (1) The Improving People�s Access to Community-based Treatment, Supports and Services Grant Review Committee shall establish a quality improvement subcommittee to: ����� (a) Establish outcome measures or evaluation tools for programs receiving grants under the Improving People�s Access to Community-based Treatment, Supports and Services Program; and ����� (b) Establish a statewide system for tracking simple, clear and meaningful outcome data that is timely and easily accessed to inform best practices and improve outcomes for individual participants. ����� (2) Data provided to the subcommittee may be used only for statistical purposes and may not be used for any other purpose. Any data received by the subcommittee that contains personally identifiable information is exempt from public disclosure under ORS 192.311 to 192.478. The subcommittee may enter into agreements with appropriate agencies or other entities to share data for specified purposes and with safeguards to restrict further disclosure. ����� Note: See note under 430.230. ����� 430.238 State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population. (1) The Oregon Criminal Justice Commission shall administer a program in which Oregon counties, Oregon�s federally recognized Indian tribes or regional consortia of counties or Indian tribes may apply to the commission for state funds for the investments made by the counties, Indian tribes or consortia in comprehensive community supports and services for the target population of the Improving People�s Access to Community-based Treatment, Supports and Services Program, for the purpose of enhancing or sustaining the supports and services. ����� (2) The commission may establish priorities for the funds based on results from outcome measures or evaluation tools or specified factors such as the size of the population of a county, the utilization of the Oregon State Hospital by the residents of the county and the availability of permanent, supportive housing units. ����� (3) The commission may provide enhanced funds to encourage regional program projects. ����� (4) The local investments matched by state funds may not be used to supplant existing sources of funding that could be used to provide supports and services to the target population, including but not limited to: ����� (a) Medical assistance funding; ����� (b) Federal grants; ����� (c) Local funding; ����� (d) State grants or other state funding; or ����� (e) Other third-party sources of funding to reimburse the cost of the supports and services. ����� (5) The county, tribal or regional investment used to leverage a state match may include: ����� (a) County government or tribal funds. ����� (b) Financial commitments by entities other than counties or Oregon�s federally recognized tribes that are specifically designated for providing Improving People�s Access to Community-based Treatment, Supports and Services Program supports and services. ����� (c) The value of newly dedicated or donated real estate or other tangible property, including but not limited to: ����� (A) Land; ����� (B) Buildings; ����� (C) Remodeling costs that address the needs identified by the Improving People�s Access to Community-based Treatment, Supports and Services Program; ����� (D) Donated program space; ����� (E) Vehicles; or ����� (F) Interest on loans specific to housing, treatment facilities or related construction for the target population. [2019 c.563 �8; 2025 c.557 �16] ����� Note: The amendments to 430.238 by section 16, chapter 557, Oregon Laws 2025, become operative July 1, 2026, and apply to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 50 and 51, chapter 557, Oregon Laws 2025. The text that is operative until July 1, 2026, is set forth for the user�s convenience. ����� 430.238. (1) The Improving People�s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 shall administer a program in which Oregon counties, Oregon�s federally recognized Indian tribes or regional consortia of counties or Indian tribes may apply to the committee for state funds for the investments made by the counties, Indian tribes or consortia in comprehensive community supports and services for the target population of the Improving People�s Access to Community-based Treatment, Supports and Services Program, for the purpose of enhancing or sustaining the supports and services. ����� (2) The committee shall establish priorities for the funds based on specified factors such as the size of the population of a county, the utilization of the Oregon State Hospital by the residents of the county and the availability of permanent, supportive housing units. ����� (3) The committee may provide enhanced funds to encourage regional program projects. ����� (4) The local investments matched by state funds may not be used to supplant existing sources of funding that could be used to provide supports and services to the target population, including but not limited to: ����� (a) Medical assistance funding; ����� (b) Federal grants; ����� (c) Local funding; ����� (d) State grants or other state funding; or ����� (e) Other third-party sources of funding to reimburse the cost of the supports and services. ����� (5) The county, tribal or regional investment used to leverage a state match may include: ����� (a) County government or tribal funds. ����� (b) Financial commitments by entities other than counties or Oregon�s federally recognized tribes that are specifically designated for providing Improving People�s Access to Community-based Treatment, Supports and Services Program supports and services. ����� (c) The value of newly dedicated or donated real estate or other tangible property, including but not limited to: ����� (A) Land; ����� (B) Buildings; ����� (C) Remodeling costs that address the needs identified by the Improving People�s Access to Community-based Treatment, Supports and Services Program; ����� (D) Donated program space; ����� (E) Vehicles; or ����� (F) Interest on loans specific to housing, treatment facilities or related construction for the target population. ����� Note: See note under 430.230. ����� 430.240 [1991 c.574 �2; 2009 c.595 �473; 2011 c.673 �16; renumbered 430.254 in 2011] ����� 430.241 [2009 c.856 �1; 2009 c.856 �31; 2011 c.673 �1; 2011 c.731 �23; 2012 c.37 �62; 2013 c.623 �18; 2015 c.405 �1; 2018 c.44 �3; 2019 c.54 �1; renumbered 430.221 in 2019] ����� 430.242 [2011 c.673 �2; 2012 c.37 �63; 2013 c.623 �19; 2015 c.405 �2; 2018 c.44 ��4,7; 2019 c.54 ��2,3; renumbered 430.223 in 2019] ����� 430.243 Grants to coordinated care organizations authorized. The Oregon Criminal Justice Commission and the Oregon Health Authority may work together to include coordinated care organizations in the Improving People�s Access to Community-based Treatment, Supports and Services Program, as permitted by state and federal law, in a way that provides incentives for coordinated care organizations to provide comprehensive community supports and services, as defined in ORS 430.230, to their members who have mental health or substance use disorders and be appropriately reimbursed for the costs of the supports and services. [2019 c.563 �9; 2025 c.557 �17] ����� Note: The amendments to 430.243 by section 17, chapter 557, Oregon Laws 2025, become operative July 1, 2026, and apply to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 50 and 51, chapter 557, Oregon Laws 2025. The text that is operative until July 1, 2026, is set forth for the user�s convenience. ����� 430.243. The Improving People�s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 and the Oregon Health Authority may work together to include coordinated care organizations in the Improving People�s Access to Community-based Treatment, Supports and Services Program, as permitted by state and federal law, in a way that provides incentives for coordinated care organizations to provide comprehensive community supports and services, as defined in ORS 430.230, to their members who have mental health or substance use disorders and be appropriately reimbursed for the costs of the supports and services. ����� Note: 430.243 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. ����� 430.245 Annual report to Legislative Assembly on program outcomes. The Oregon Criminal Justice Commission shall annually submit a report, in the manner provided in ORS 192.245, on the outcome measures or the results of evaluations of the Improving People�s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231 to the interim committees of the Legislative Assembly related to health and the judiciary and to the Governor. [2019 c.563 �7; 2025 c.557 �18] ����� Note: The amendments to 430.245 by section 18, chapter 557, Oregon Laws 2025, become operative July 1, 2026, and apply to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 50 and 51, chapter 557, Oregon Laws 2025. The text that is operative until July 1, 2026, is set forth for the user�s convenience. ����� 430.245. (1) At least once per biennium, the Improving People�s Access to Community-based Treatment, Supports and Services Grant Review Committee shall, in conjunction with the Oregon Health Authority, identify: ����� (a) The costs to state government that were avoided as a result of the Improving People�s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231; and ����� (b) Any increased costs to local governments as a result of the program. ����� (2) No later than January 1 of each odd-numbered year, the committee shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, that includes the costs described in subsection (1) of this section and describes the methodology employed by the committee in determining the costs. ����� (3) Annually, the committee shall submit a report, in the manner provided in ORS 192.245, on the outcome measures or the results of evaluations of the program to the interim committees of the Legislative Assembly related to health and the judiciary and to the Governor. ����� Note: 430.245 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. ����� 430.250 [1985 c.740 �1; 1999 c.1053 �33; repealed by 2009 c.856 �27] (Prevention, Intervention, Treatment and Recovery) ����� 430.254 Goal of treatment programs for persons with substance use disorders. The Oregon Health Authority shall develop treatment programs, meeting minimum standards adopted pursuant to ORS 430.357, to assist drug-dependent persons to become persons who are able to live healthy and productive lives without the use of any natural or synthetic opiates. [Formerly 430.240] ����� Note: 430.254 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. ����� 430.255 [1985 c.740 �4; 1999 c.1053 �34; 2009 c.595 �474; repealed by 2009 c.856 �27] ����� 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. ����� 430.257 [1985 c.740 �6; 1987 c.660 �21; 1991 c.453 �2; 1999 c.1053 �35; 2001 c.900 �135; 2009 c.595 �475; repealed by 2009 c.856 �27] ����� 430.258 [1999 c.1053 �31; repealed by 2009 c.856 �27] ����� 430.259 [1999 c.1053 �32; 2009 c.595 �476; repealed by 2009 c.856 �27] ����� 430.260 [Formerly 430.090; repealed by 2001 c.900 �261] ����� 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. ����� 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] ����� 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] ����� 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 substance use prevention, substance use disorder treatment and recovery support services 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; 2025 c.495 �5] ����� 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. ����� 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. ����� 430.275 Oregon Health Authority to provide funding for peer respite centers; rules. (1) As used in this section: ����� (a) �Peer respite services� means voluntary, nonclinical, short-term residential peer support provided: ����� (A) In a homelike setting to individuals with mental illness or trauma response symptoms who are experiencing acute distress, anxiety or emotional pain that may lead to the need for a higher level of care such as psychiatric inpatient hospital services; and ����� (B) By a peer-run organization and directed and delivered by individuals with lived experience in coping with, seeking recovery from or overcoming mental illness or trauma response challenges. ����� (b) �Peer-run organization� means an organization: ����� (A) In which a majority of the individuals who oversee the organization�s operation and who are in positions of control have received mental health services; ����� (B) That is fully independent, separate and autonomous from other mental health agencies; and ����� (C) That has the authority and responsibility for all oversight and decision-making on governance, financial, personnel, policy and program issues in the organization. ����� (c) �Peer support� means assistance provided by individuals who are current or former consumers of mental health treatment in: ����� (A) Addressing financial problems and other issues affecting the social determinants of health; ����� (B) Managing trauma using natural supports; and ����� (C) Assisting with crisis management and coping with potential crisis situations. ����� (2)(a) The Oregon Health Authority shall provide funding to one or more peer-run organizations to operate four peer respite centers to complement existing local crisis response services, one each to be located in the Portland metropolitan area, the southern Oregon region, the Oregon coast and the central and eastern Oregon region. Each peer respite center shall provide up to two weeks of continuous peer respite services to six or fewer individuals. ����� (b) At least one of the peer respite centers must participate in a pilot project designed specifically to provide culturally responsive services to historically underrepresented communities, such as communities of color including Black, African American, Latino, Asian, Asian American or Pacific Islander communities, or to the nine federally recognized tribes in this state. ����� (3) The authority shall prescribe by rule the requirements for peer respite centers receiving funding under this section and may require peer respite centers to provide data and other reports to enable the authority to monitor and evaluate the services provided by the peer respite centers. ����� (4) The authority shall collaborate with county behavioral health departments or contractors of county behavioral health departments to incorporate peer respite services into the continuum of care provided by the departments or contractors to individuals who are experiencing behavioral health crises or who may be at risk of experiencing behavioral health crises. ����� (5) As a condition of the receipt of funding, peer-run organizations must allow the authority or the authority�s designees access to the peer respite centers to conduct investigations and assessments, as necessary, to ensure that residents receive the quality and scope of services required. [2021 c.626 �1] ����� Note: 430.275 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. ����� 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. ����� 430.290 [1973 c.582 ��1,2; 1985 c.740 �13; 2009 c.595 �479; 2009 c.856 ��10,19; repealed by 2011 c.673 �45] ����� 430.305 [1971 c.622 �2; repealed by 1973 c.682 �1 (430.306 enacted in lieu of 430.305)] ����� 430.306 Definitions. As used in ORS 430.262, 430.315, 430.335, 430.342, 430.397, 430.399, 430.401, 430.402, 430.420 and 430.630, unless the context requires otherwise: ����� (1) �Alcoholic� means any person who has lost the ability to control the use of alcoholic beverages, or who uses alcoholic beverages to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. An alcoholic may be physically dependent, a condition in which the body requires a continuing supply of alcohol to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of alcoholic beverages. ����� (2) �Detoxification center� means a publicly or privately operated profit or nonprofit facility approved by the Oregon Health Authority that provides emergency care or treatment for alcoholics or drug-dependent persons. ����� (3) �Director of the treatment facility� means the person in charge of treatment and rehabilitation programs at a treatment facility. ����� (4) �Drug-dependent person� means one who has lost the ability to control the personal use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance. ����� (5) �Halfway house� means a publicly or privately operated profit or nonprofit, residential facility approved by the authority that provides rehabilitative care and treatment for alcoholics or drug-dependent persons. ����� (6) �Local planning committee� means a local planning committee for alcohol and drug prevention and treatment services appointed or designated by the county governing body under ORS 430.342. ����� (7) �Police officer� means a member of a law enforcement unit who is employed on a part-time or full-time basis as a peace officer, commissioned by a city, a county or the Department of State Police and responsible for enforcing the criminal laws of this state and any person formally deputized by the law enforcement unit to take custody of a person who is intoxicated or under the influence of controlled substances. ����� (8) �Sobering facility� means a facility that meets all of the following criteria: ����� (a) The facility operates for the purpose of providing to individuals who are acutely intoxicated a safe, clean and supervised environment until the individuals are no longer acutely intoxicated. ����� (b) The facility contracts with or is affiliated with a treatment program or a provider approved by the authority to provide addiction treatment, and the contract or affiliation agreement includes, but is not limited to, case consultation, training and advice and a plan for making referrals to addiction treatment. ����� (c) The facility, in consultation with the addiction treatment program or provider, has adopted comprehensive written policies and procedures incorporating best practices for the safety of intoxicated individuals, employees of the facility and volunteers at the facility. ����� (d) The facility is registered with the Oregon Health Authority under ORS 430.262. ����� (9) �Treatment facility� includes outpatient facilities, inpatient facilities and other facilities the authority determines suitable and that provide services that meet minimum standards established under ORS 430.357, any of which may provide diagnosis and evaluation, medical care, detoxification, social services or rehabilitation for alcoholics or drug-dependent persons and which operate in the form of a general hospital, a state hospital, a foster home, a hostel, a clinic or other suitable form approved by the authority. [1973 c.682 �1a (enacted in lieu of 430.305); 1977 c.856 �2; 1979 c.744 �24; 1987 c.61 �1; 2001 c.900 �136; 2009 c.595 �480; 2011 c.673 �18; 2015 c.730 �1] ����� 430.310 [1961 c.706 �21; repealed by 1963 c.490 �5] ����� 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] ����� 430.320 [1961 c.706 �22; repealed by 1963 c.490 �5] ����� 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] ����� 430.330 [1961 c.706 �23; repealed by 1963 c.490 �5] ����� 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] ����� 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. ����� 430.340 [1961 c.706 �11; repealed by 1963 c.490 �5] ����� 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. ����� 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] ����� 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] ����� 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] ����� 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] ����� 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 substance use prevention, substance use disorder treatment and recovery support services 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; 2025 c.495 �6] ����� 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. ����� 430.359 Funding of services. (1) Upon approval of an application, the Oregon Health Authority shall enter into a matching fund relationship with the applicant. In all cases the amount granted by the authority under the matching formula shall not exceed 50 percent of the total estimated costs, as approved by the authority, of the alcohol and drug abuse prevention, early intervention and treatment services. ����� (2) The authority shall distribute funds to applicants consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the community needs as determined by local planning committees for alcohol and drug prevention and treatment services under ORS 430.342 and the particular needs of minority groups with a significant population of affected persons. The funds granted shall be distributed monthly. ����� (3) Federal funds at the disposal of an applicant for use in providing alcohol and drug abuse prevention, early intervention and treatment services may be counted toward the percentage contribution of an applicant. ����� (4) An applicant that is, at the time of a grant made under this section, expending funds appropriated by its governing body for the alcohol and drug abuse prevention, early intervention and treatment services shall, as a condition to the receipt of funds under this section, maintain its financial contribution to these programs at an amount not less than the preceding year. However, the financial contribution requirement may be waived in its entirety or in part in any year by the authority because of: ����� (a) The severe financial hardship that would be imposed to maintain the contribution in full or in part; ����� (b) The application of any special funds for the alcohol and drug abuse prevention, early intervention and treatment services in the prior year when such funds are not available in the current year; ����� (c) The application of federal funds, including but not limited to general revenue sharing, distributions from the Oregon and California land grant fund and block grant funds to the alcohol and drug abuse prevention, early intervention and treatment services in the prior year when such funds are not available for such application in the current year; or ����� (d) The application of fund balances resulting from fees, donations or underexpenditures in a given year of the funds appropriated to counties pursuant to ORS 430.380 to the alcohol and drug abuse prevention, early intervention and treatment services in the prior year when such funds are not available for such application in the current year. ����� (5) Any moneys received by an applicant from fees, contributions or other sources for alcohol and drug abuse prevention, early intervention and treatment services for service purposes, including federal funds, shall be considered a portion of an applicant�s contribution for the purpose of determining the matching fund formula relationship. All moneys so received shall only be used for the purposes of carrying out ORS 430.345 to 430.380. ����� (6) Grants made pursuant to ORS 430.345 to 430.380 shall be paid from funds specifically appropriated therefor and shall be paid in the same manner as other claims against the state are paid. [Formerly 430.365; 1985 c.517 �1; 1985 c.740 �14; 1987 c.53 �6; 2009 c.595 �487; 2009 c.856 ��11,20; 2011 c.673 �24] ����� 430.360 [1973 c.682 �6; 1977 c.856 �9; renumbered 430.357] ����� 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] ����� 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] ����� 430.365 [1973 c.682 ��7,11; 1975 c.424 �8; 1977 c.856 �9; renumbered 430.359] ����� 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] ����� 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] ����� 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] ����� 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] ����� 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] ����� 430.381 Construction. Nothing in ORS 430.347, 430.359, 430.380, 471.805, 471.810, 473.030 or this section shall be construed as justification for a reduction in General Fund support of local alcohol and drug abuse prevention, early intervention and treatment services. [Formerly 430.385] (Temporary provisions relating to Opioid Settlement Prevention, Treatment and Recovery Fund) ����� Note: Sections 4 to 8, chapter 63, Oregon Laws 2022, provide: ����� Sec. 4. Definitions. As used in sections 4 to 6 of this 2022 Act: ����� (1) �Distributor Settlement Agreement� means the settlement agreement between the State of Oregon and participating subdivisions and McKesson, Cardinal and AmerisourceBergen dated as of July 21, 2021, and any revision thereto. ����� (2) �Janssen Settlement Agreement� means the settlement agreement between the State of Oregon and participating subdivisions and Johnson & Johnson, Janssen Pharmaceuticals, Incorporated, and Ortho-McNeil-Janssen Pharmaceuticals, Incorporated, dated as of July 21, 2021, and any revision thereto. ����� (3) �Participating subdivisions� means cities and counties in this state with populations of at least 10,000 residents. [2022 c.63 �4] ����� Sec. 5. Opioid Settlement Prevention, Treatment and Recovery Fund. (1) The Opioid Settlement Prevention, Treatment and Recovery Fund is established in the State Treasury, separate and distinct from the General Fund, consisting of moneys, other than attorney fees and costs, paid to the state pursuant to: ����� (a) The Distributor Settlement Agreement; ����� (b) The Janssen Settlement Agreement; and ����� (c) Judgments or settlements identified by the Attorney General as arising from the liability of distributors of opioids, manufacturers of opioids, pharmacies for the selling of opioids or the consultants, agents or associates of distributors, manufacturers or pharmacies. ����� (2) Moneys in the Opioid Settlement Prevention, Treatment and Recovery Fund are continuously appropriated to the Oregon Health Authority for the purpose of administering the Opioid Settlement Prevention, Treatment and Recovery Board and for the allocation of moneys as directed by the board in accordance with section 6 of this 2022 Act. [2022 c.63 �5] ����� Sec. 6. Opioid Settlement Prevention, Treatment and Recovery Board. (1) The Opioid Settlement Prevention, Treatment and Recovery Board is created in the Oregon Health Authority for the purpose of determining the allocation of funding from the Opioid Settlement Prevention, Treatment and Recovery Fund established in section 5, chapter 63, Oregon Laws 2022. The board consists of: ����� (a) The following members appointed by the Governor: ����� (A) A policy advisor to the Governor; ����� (B) A representative of the Department of Justice; ����� (C) A representative of the Oregon Health Authority; and ����� (D) A representative of the Department of Human Services; ����� (b) The Director of the Alcohol and Drug Policy Commission or the director�s designee; ����� (c) The chairperson of the Oversight and Accountability Council established in ORS 430.388 or the chairperson�s designee; ����� (d) The following members appointed by the Governor from a list of candidates provided by the Association of Oregon Counties and the League of Oregon Cities or the successor organizations to the Association of Oregon Counties and the League of Oregon Cities: ����� (A) An individual representing Clackamas, Washington or Multnomah County; ����� (B) An individual representing Clatsop, Columbia, Coos, Curry, Jackson, Josephine, Lane or Yamhill County; ����� (C) An individual representing the City of Portland; ����� (D) An individual representing a city with a population above 10,000 residents as of July 21, 2021; ����� (E) An individual representing a city with a population at or below 10,000 residents as of July 21, 2021; and ����� (F) A representative of the Oregon Coalition of Local Health Officials or its successor organization; ����� (e) The following members appointed by the Governor from a list of candidates provided by the members described in paragraphs (a) to (d) of this subsection: ����� (A) A representative of a community mental health program; ����� (B) An individual who has experienced a substance use disorder or a representative of an organization that advocates on behalf of individuals with substance use disorders; and ����� (C) An individual representing law enforcement, first responders or jail commanders or wardens; ����� (f) A member of the House of Representatives appointed by the Speaker of the House of Representatives, who shall be a nonvoting member of the board; ����� (g) A member of the Senate appointed by the President of the Senate, who shall be a nonvoting member of the board; and ����� (h) The State Court Administrator or the administrator�s designee, who shall be a nonvoting member of the board. ����� (2) The Governor shall select from the members described in subsection (1)(a), (b) and (c) of this section one cochairperson to represent state entities, and the members described in subsection (1)(d) of this section shall select from one of their members a cochairperson to represent cities or counties. ����� (3) The term of each member of the board who is not an ex officio member is four years, but a member serves at the pleasure of the appointing authority. Before the expiration of a member�s term, the appointing authority shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term. ����� (4) Decision-making by the board shall be based on consensus and supported by at least a majority of the members. The board shall document all objections to board decisions. ����� (5) The board shall conduct at least four public meetings in accordance with ORS 192.610 to 192.705, which shall be publicized to facilitate attendance at the meetings and during which the board shall receive testimony and input from the community. The board shall also establish a process for the public to provide written comments and proposals at each meeting of the board. ����� (6) In determining the allocation of moneys from the Opioid Settlement Prevention, Treatment and Recovery Fund: ����� (a) No more than five percent of the moneys may be spent on administering the board and the fund. ����� (b) A portion of the moneys shall be allocated toward a unified and evidence-based state system for collecting, analyzing and publishing data about the availability and efficacy of substance use prevention, treatment and recovery services statewide. ����� (c) Moneys remaining after allocations in accordance with paragraphs (a) and (b) of this subsection shall be allocated for funding statewide and regional programs identified in the Distributor Settlement Agreement, the Janssen Settlement Agreement and any other judgment or settlement described in section 5 (1)(c), chapter 63, Oregon Laws 2022, including but not limited to: ����� (A) Programs that use evidence-based or evidence-informed strategies to treat opioid use disorders and any co-occurring substance use disorders or mental health conditions; ����� (B) Programs that use evidence-based or evidence-informed strategies to support individuals in recovery from opioid use disorders and any co-occurring substance use disorders or mental health conditions; ����� (C) Programs that use evidence-based or evidence-informed strategies to provide connections to care for individuals who have or are at risk of developing opioid use disorders and any co-occurring substance use disorders or mental health conditions; ����� (D) Programs that use evidence-based or evidence-informed strategies to address the needs of individuals with opioid use disorders and any co-occurring substance use disorders or mental health conditions and who are involved in, at risk of becoming involved in, or in transition from, the criminal justice system; ����� (E) Programs that use evidence-based or evidence-informed strategies to address the needs of pregnant or parenting women with opioid use disorders and any co-occurring substance use disorders or mental health conditions, and the needs of their families, including babies with neonatal abstinence syndrome; ����� (F) Programs that use evidence-based or evidence-informed strategies to support efforts to prevent over-prescribing of opioids and ensure appropriate prescribing and dispensing of opioids; ����� (G) Programs that use evidence-based or evidence-informed strategies to support efforts to discourage or prevent misuse of opioids; ����� (H) Programs that use evidence-based or evidence-informed strategies to support efforts to prevent or reduce overdose deaths or other opioid-related harms; ����� (I) Programs to educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with users of fentanyl or other opioids; ����� (J) Programs to provide wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events; ����� (K) Programs to support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs or strategies; or ����� (L) Funding to support opioid abatement research. ����� (d) The board shall be guided and informed by: ����� (A) The comprehensive substance use prevention, substance use disorder treatment and recovery support services plan developed by the Alcohol and Drug Policy Commission in accordance with ORS 430.223; ����� (B) The board�s ongoing evaluation of the efficacy of the funding allocations; ����� (C) Evidence-based and evidence-informed strategies and best practices; ����� (D) Input the board receives from the public; ����� (E) Equity considerations for underserved populations; and ����� (F) The terms of the settlement agreements. ����� (7) The Oregon Health Authority shall provide staff support to the board. [2022 c.63 �6; 2025 c.495 �7] ����� Sec. 7. Terms of office. Notwithstanding the term of office specified by section 6 of this 2022 Act, of the members first appointed by the Governor to the Opioid Settlement Prevention, Treatment and Recovery Board: ����� (1) Four shall serve for terms ending January 2, 2024; ����� (2) Four shall serve for terms ending January 2, 2025; and ����� (3) Five shall serve for terms ending January 2, 2026. [2022 c.63 �7] ����� Sec. 8. Sunset. Sections 4 to 7 of this 2022 Act are repealed on January 2, 2040. [2022 c.63 �8] (Drug Addiction Treatment and Recovery Act) ����� 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. ����� 430.384 Drug Treatment and Recovery Services Fund. (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 appropriated or otherwise transferred to the fund by the Legislative Assembly; ����� (b) Moneys allocated from the Oregon Marijuana Account, pursuant to ORS 475C.726 (3)(b); and ����� (c) 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)(a) 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; 2024 c.70 �67] ����� Note: See note under 430.383. ����� 430.385 [1975 c.424 �1; 1987 c.53 �13; renumbered 430.381 in 2021] ����� 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. ����� 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. ����� (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; 2025 c.292 �1] ����� Note: See note under 430.383. ����� 430.388 Oversight and Accountability Council. (1) The Oversight and Accountability Council is established for the purpose of advising the Oregon Health Authority on the grant program described in ORS 430.389, including but not limited to advising the authority on: ����� (a) Funding priorities; ����� (b) Funding distribution; and ����� (c) An educational campaign to increase awareness of services. ����� (2) The members of the council shall be qualified individuals with experience in substance use treatment and other addiction services and consist of: ����� (a) At least one member from each of the following categories appointed by the Director of the Oregon Health Authority: ����� (A) Three members of communities that have been disproportionately impacted by criminal justice involvement related to drug use; ����� (B) A physician specializing in addiction medicine; ����� (C) A licensed clinical social worker; ����� (D) An evidence-based substance use treatment provider; ����� (E) A harm reduction services provider; ����� (F) A person specializing in housing services for people with substance use or a diagnosed co-occurring substance use disorder and mental health condition; ����� (G) An academic researcher specializing in drug use or drug policy; ����� (H) At least two people who suffered or suffer from substance use; ����� (I) At least two recovery peers; ����� (J) A mental or behavioral health care provider; ����� (K) A representative of a coordinated care organization; ����� (L) A person who works for a nonprofit organization that advocates for persons who experience or have experienced substance use; ����� (M) A representative of community mental health programs; and ����� (N) A representative of the Association of Oregon Counties; ����� (b) The Director of the Alcohol and Drug Policy Commission or the director�s designee; ����� (c) The Director of Human Services or the director�s designee; ����� (d) The executive director of the Oregon Criminal Justice Commission or the executive director�s designee; and ����� (e) A member nominated by the Commission on Indian Services to represent the nine federally recognized tribes in Oregon. ����� (3) The Director of the Oregon Health Authority shall appoint an executive director who shall report to and be responsible for the duties assigned by the director of the division within the authority that is responsible for behavioral health in consultation with the council. ����� (4) The members of the council shall select a chair or cochairs. A quorum consists of a majority of the members of the council. ����� (5) The term of office for a member of the council is four years. Members are eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately available for the unexpired term plus two years, but not more than a total of four years. ����� (6)(a) To the extent permissible by law, a member of the council performing services for the council may receive compensation from the member�s employer for time spent performing services as a council member. ����� (b) If a member of the council is not compensated by the member�s employer as set forth in paragraph (a) of this subsection, that member shall be entitled to compensation and expenses as provided in ORS 292.495. ����� (7) Members of the council are subject to and must comply with the provisions of ORS chapter 244, including ORS 244.045 (4), 244.047, 244.120 and 244.130. [2021 c.2 �3; 2021 c.591 �3; 2023 c.248 �5; 2025 c.292 �2] ����� Note: See note under 430.383. ����� Note: Section 6, chapter 248, Oregon Laws 2023, provides: ����� Sec. 6. (1) Notwithstanding the terms of office specified in ORS 430.388, eight voting members currently serving on the Oversight and Accountability Council shall be reappointed for two-year terms at the end of their current terms, including: ����� (a) At least one member from each category described in ORS 430.388 (2)(a)(A), (2)(a)(H) and (2)(a)(I); and ����� (b) Others chosen by lot. ����� (2) The successors to the members who are reappointed to two-year terms shall be appointed to four-year terms. [2023 c.248 �6; 2025 c.292 �7] ����� 430.389 Grants to implement Behavioral Health Resource Networks and increase access to and awareness of treatment and services. (1) The Oregon Health Authority shall administer, in consultation with the Oversight and Accountability Council, a grant program to implement Behavioral Health Resource Networks and increase statewide access to and awareness of the services described in subsection (2)(e) of this section. A Behavioral Health Resource Network is an entity or collection of entities that individually or jointly provide some or all of the services described in subsection (2)(e) of this section. ����� (2)(a) The authority shall establish an equitable: ����� (A) Process for applying for grants and funding by agencies or organizations, whether government or community based, to establish Behavioral Health Resource Networks for the purposes of immediately screening the acute needs of individuals with substance use, including those who also have a mental illness, and assessing and addressing any ongoing needs through ongoing case management, harm reduction, treatment, housing and linkage to other care and services. ����� (B) Evaluation process to assess the effectiveness of Behavioral Health Resource Networks that receive grants or funding. ����� (b) Recipients of grants or funding must be licensed, certified or credentialed by the state, including certification under ORS 743A.168 (9), or meet criteria prescribed by rule by the authority under ORS 430.390. A recipient of a grant or funding under this subsection may not use the grant or funding to supplant the recipient�s existing funding. ����� (c) The authority shall ensure that residents of each county have access to all of the services described in paragraph (e) of this subsection. ����� (d) Applicants for grants and funding may apply individually or jointly with other network participants to provide services in one or more counties. ����� (e) A network must have the capacity to provide the following services and any other services specified by the authority by rule but no individual participant in a network is required to provide all of the services: ����� (A) Screening by certified addiction peer support or wellness specialists or other qualified persons designated by the authority to determine a client�s need for immediate medical or other treatment to determine what acute care is needed and where it can be best provided, identify other needs and link the client to other appropriate local or statewide services, including treatment for substance use and coexisting health problems, housing, employment, training and child care. A network shall provide a screening within 48 hours of initial client contact. Notwithstanding paragraph (c) of this subsection, only one grantee in each network within each county is required to provide the screenings described in this subparagraph. ����� (B) Comprehensive behavioral health needs assessment, including a substance use screening by a certified alcohol and drug counselor or other credentialed addiction treatment professional. The assessment shall prioritize the self-identified needs of a client. ����� (C) Individual intervention planning, case management and connection to services. If, after the completion of a screening, a client indicates a desire to address some or all of the identified needs, a case manager shall work with the client to design an individual intervention plan. The plan must address the client�s need for substance use treatment, coexisting health problems, housing, employment and training, child care and other services. ����� (D) Ongoing peer counseling and support from screening and assessment through implementation of individual intervention plans as well as peer outreach workers to engage directly with marginalized community members who could potentially benefit from the network�s services. ����� (E) Assessment of the need for, and provision of, mobile or virtual outreach services to: ����� (i) Reach clients who are unable to access the network; and ����� (ii) Increase public awareness of network services. ����� (F) Harm reduction services and information and education about harm reduction services. ����� (G) Low-barrier substance use treatment. ����� (H) Transitional and supportive housing for individuals with substance use. ����� (f) If an applicant for a grant or funding under this subsection is unable to provide all of the services described in paragraph (e) of this subsection, the applicant may identify how the applicant intends to partner with other entities to provide the services, and the authority may facilitate collaboration among applicants. ����� (g) All services provided through the networks must be evidence-informed, trauma-informed, culturally specific, linguistically responsive, person-centered and nonjudgmental. The goal shall be to address effectively the client�s substance use and any other social determinants of health. ����� (h) The networks must be adequately staffed to address the needs of people with substance use within their regions as prescribed by the authority by rule, including, at a minimum, at least one person in each of the following categories: ����� (A) Alcohol and drug counselor certified by the authority or other credentialed addiction treatment professional; ����� (B) Case manager; ����� (C) Addiction peer support specialist certified by the authority; ����� (D) Addiction peer wellness specialist certified by the authority; ����� (E) Recovery mentor, certified by the Mental Health and Addiction Certification Board of Oregon or its successor organization; and ����� (F) Youth support specialist certified by the authority. ����� (i) Verification of a screening by a certified addiction peer support specialist, wellness specialist or other person in accordance with paragraph (e)(A) of this subsection shall promptly be provided to the client by the entity conducting the screening. If the client executes a valid release of information, the entity shall provide verification of the screening to the authority or a contractor of the authority and the authority or the authority�s contractor shall forward the verification to any entity the client has authorized to receive the verification. ����� (3) In awarding grants and funding under this section, the authority shall: ����� (a) Distribute grants and funding to ensure access to: ����� (A) Historically underserved populations; and ����� (B) Culturally specific and linguistically responsive services. ����� (b) Consider any inventories or surveys of currently available behavioral health services. ����� (c) Consider available regional data related to the substance use treatment needs and the access to culturally specific and linguistically responsive services in communities in this state. ����� (d) Consider the needs of residents of this state for services, supports and treatment at all ages. ����� (4) The authority shall require any government entity that applies for a grant to specify in the application details regarding subgrantees and how the government entity will fund culturally specific organizations and culturally specific services. A government entity receiving a grant must make an explicit commitment not to supplant or decrease any existing funding used to provide services funded by the grant. ����� (5) In determining grants and funding to be awarded, the authority may consult the comprehensive substance use prevention, substance use disorder treatment and recovery support services plan established by the Alcohol and Drug Policy Commission under ORS 430.223 and the advice of any other group, agency, organization or individual that desires to provide advice to the authority that is consistent with the terms of this section. ����� (6) Services provided by grantees funded under this section, including services provided by a Behavioral Health Resource Network, shall be free of charge to the clients receiving the services. Grantees in each network shall seek reimbursement from insurance issuers, the medical assistance program or any other third party responsible for the cost of services provided to a client and grants and funding provided by the authority under this section may be used for copayments, deductibles or other out-of-pocket costs incurred by the client for the services. ����� (7) Subsection (6) of this section does not require the medical assistance program to reimburse the cost of services for which another third party is responsible in violation of 42 U.S.C. 1396a(25). [2021 c.2 �2; 2021 c.10 �16; 2021 c.591 �2; 2023 c.248 �7; 2023 c.593 �24; 2024 c.70 �68; 2025 c.292 �3; 2025 c.495 �8] ����� Note: See note under 430.383. ����� 430.390 Administration of grants; rules. (1)(a) The Oregon Health Authority shall adopt rules that establish: ����� (A) A grant application process 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) A process to appeal the denial, in full or in part, of a grant application under ORS 430.389. To the extent practicable, the process shall be consistent with the process for protesting the award of a public contract under ORS 279B.400 to 279B.425. ����� (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 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. ����� (3)(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. ����� (4) The authority shall provide requested technical, logistical and other support to the council to assist the council with the council�s duties and obligations. ����� (5) The Department of Justice shall provide legal services to the council if requested by the authority 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; 2025 c.292 �4] ����� Note: See note under 430.383. ����� 430.391 [2021 c.2 �23; 2021 c.10 �17; 2021 c.591 �21; 2023 c.248 �9; repealed by 2025 c.292 �9] ����� 430.392 Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund. (1) The Division of Audits of the office of the Secretary of State shall conduct performance audits and financial reviews as provided in this section, regarding the uses of the Drug Treatment and Recovery Services Fund and the effectiveness of the fund in achieving the purposes of the fund and the policy objectives of ORS 430.383. Recipients of grants or funds under ORS 430.389 shall keep accurate books, records and accounts that are subject to inspection and audit by the division. ����� (2) The division shall monitor and report on the progress in implementing any recommendations made in the audit or financial review. The division shall follow up on recommendations as part of recurring audit work or as an activity separate from other audit activity. When following up on recommendations, the division may request from the appropriate agency evidence of implementation. ����� (3) The audits set forth in this section shall be conducted pursuant to the provisions of ORS chapter 297, except to the extent any provision of ORS chapter 297 conflicts with any provision of ORS 430.383 to 430.390 and 430.394, in which case the provisions of ORS 430.383 to 430.390 and 430.394 shall control. ����� (4) The division shall conduct periodic performance audits and financial reviews pursuant to the division�s annual audit plan and taking into consideration the risks of the program. [2021 c.2 �24; 2021 c.591 �22; 2023 c.248 ��10,11; 2024 c.70 ��69,69a] ����� Note: See note under 430.383. ����� 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. ����� 430.394 Education campaign. The Oregon Health Authority may implement an education campaign to inform the public about the availability of Behavioral Health Resource Networks and any other information the authority believes would benefit the public in accessing behavioral health services. [2023 c.248 �17; 2025 c.292 �5] ����� Note: See note under 430.383. ����� 430.395 [1989 c.997 �1; 2009 c.595 �493; 2011 c.673 �29; renumbered 430.709 in 2021] (Miscellaneous) ����� 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. ����� 430.399 When person must be taken to sobering or other appropriate facility; admission or referral; when jail custody may be used; confidentiality of records. (1) Any person who is intoxicated or under the influence of controlled substances in a public place may be sent home or taken to a sobering facility or to an appropriate facility by a police officer or a member of a mobile crisis intervention team as defined in ORS 430.626. If the person is incapacitated, the person shall be taken by the police officer or team member to an appropriate facility or sobering facility. If the health of the person appears to be in immediate danger, or the police officer or team member has reasonable cause to believe the person is dangerous to self or to any other person, the person shall be taken by the police officer or team member to an appropriate facility or sobering facility. A person shall be deemed incapacitated when in the opinion of the police officer or team member the person is unable to make a rational decision as to acceptance of assistance. ����� (2) When a person is taken to an appropriate facility, the director of the facility shall determine whether the person shall be admitted as a patient, referred to another facility or a sobering facility or denied referral or admission. If the person is incapacitated or the health of the person appears to be in immediate danger, or if the director has reasonable cause to believe the person is dangerous to self or to any other person, the person must be admitted. The person shall be discharged within 72 hours unless the person has applied for voluntary admission to the facility. ����� (3) When a person is taken to a sobering facility, the staff of the sobering facility shall, consistent with the facility�s comprehensive written policies and procedures, determine whether or not the person shall be admitted into the sobering facility. A person who is admitted shall be discharged from the sobering facility within 24 hours. ����� (4) In the absence of any appropriate facility or sobering facility, or if a sobering facility determines that a person should not be admitted to the sobering facility, an intoxicated person or a person under the influence of controlled substances who would otherwise be taken by a police officer to an appropriate facility or sobering facility may be taken to the city or county jail where the person may be held until no longer intoxicated, under the influence of controlled substances or incapacitated. ����� (5) An intoxicated person or person under the influence of controlled substances, when taken into custody by the police officer for a criminal offense, shall immediately be taken to the nearest appropriate facility when the condition of the person requires emergency medical treatment. ����� (6) The records of a person at an appropriate facility or sobering facility may not, without the person�s consent, be revealed to any person other than the director and staff of the facility or sobering facility. A person�s request that no disclosure be made of admission to a facility or sobering facility shall be honored unless the person is incapacitated or disclosure of admission is required by ORS 430.397. [Formerly 426.460; 2011 c.673 �30; 2015 c.730 �3; 2024 c.70 �80] ����� Note: See note under 430.397. ����� 430.400 [Formerly 475.295; repealed by 1995 c.440 �41] ����� 430.401 Liability of certain persons and facilities. A police officer, person acting under the authority of a mobile crisis intervention team as defined in ORS 430.626, physician, naturopathic physician, physician associate, nurse practitioner, judge, treatment facility, treatment facility staff member or sobering facility, 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. [Formerly 426.470; 2014 c.45 �47; 2015 c.730 �4; 2017 c.356 �55; 2024 c.70 �80a; 2024 c.73 �72] ����� Note: See note under 430.397. ����� 430.402 Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs. (1) A political subdivision in this state shall not adopt or enforce any local law or regulation that makes any of the following an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind: ����� (a) Public intoxication. ����� (b) Public drinking, except as to places where any consumption of alcoholic beverages is generally prohibited. ����� (c) Drunk and disorderly conduct. ����� (d) Vagrancy or other behavior that includes as one of its elements either drinking alcoholic beverages or using cannabis or controlled substances in public, being an alcoholic or a drug-dependent person, or being found in specified places under the influence of alcohol, cannabis or controlled substances. ����� (e) Using or being under the influence of cannabis or controlled substances. ����� (2) Nothing in subsection (1) of this section shall affect any local law or regulation of any political subdivision in this state against driving while under the influence of intoxicants, as defined in ORS 813.010, or other similar offenses that involve the operation of motor vehicles. [Formerly 430.325; 2017 c.21 �60] PREVENTION OF DRUG ABUSE ����� 430.405 Definition. As used in ORS 430.415, �drug-dependent person� means one who has lost the ability to control the use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance. [1973 c.697 �3; 1977 c.745 �47; 1979 c.744 �25; 1979 c.777 �46a; 1987 c.61 �4; 2001 c.900 �138; 2007 c.71 �117] ����� 430.415 Drug dependence as illness. The Legislative Assembly finds drug dependence is an illness. The drug-dependent person is ill and shall be afforded treatment for the illness of the drug-dependent person. [1973 c.697 �2] DRUG TREATMENT FOR OFFENDERS ����� 430.420 Integration of drug treatment services into criminal justice system; plans. (1) In collaboration with local seizing agencies, the district attorney, the local public safety coordinating council and the local mental health advisory committee, a local planning committee appointed or designated pursuant to ORS 430.342 shall develop a plan to integrate drug treatment services, meeting minimum standards established pursuant to ORS 430.357, into the criminal justice system for offenders who commit nonviolent felony drug possession offenses. The plan may also include property offenders as provided for under ORS 475.245. ����� (2)(a) A plan may include, but need not be limited to, programs that occur before adjudication, after adjudication as part of a sentence of probation or as part of a conditional discharge. ����� (b) A plan must include, but need not be limited to: ����� (A) A description of local criminal justice and treatment coordination efforts; ����� (B) A description of the method by which local, state and federal treatment resources are prioritized and allocated to meet the needs of the drug abusing offender population; ����� (C) The principles that guide criminal justice strategies for supervision and treatment of drug abusing offenders and the purchase of treatment services from local community providers; ����� (D) The desired outcomes for criminal justice strategies for supervision and treatment of drug abusing offenders and the provision of treatment services and identification of a method for monitoring and reporting the outcomes; and ����� (E) Consistent standards for measuring the success of criminal justice strategies for supervision and treatment of drug abusing offenders and the provision of treatment. ����� (3) A program must include, but need not be limited to: ����� (a) Ongoing oversight of the participant; ����� (b) Frequent monitoring to determine whether a participant is using controlled substances unlawfully; and ����� (c) A coordinated strategy governing responses to a participant�s compliance or noncompliance with the program. ����� (4) The local planning committee shall submit the plan to the Oregon Health Authority and shall provide the county board of commissioners with a copy of the plan. [2005 c.830 �43; 2009 c.595 �495; 2011 c.673 �31; 2012 c.37 �100] ����� Note: 430.420 to 430.426 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. ����� 430.422 Drug Prevention and Education Fund. The Drug Prevention and Education Fund is established separate and distinct from the General Fund. The Drug Prevention and Education Fund consists of moneys deposited in the fund under ORS 131.597 and 430.426, and other moneys as may be appropriated to the fund by law. The moneys in the Drug Prevention and Education Fund are continuously appropriated to the Oregon Health Authority for the purpose of assisting counties in paying the costs incurred by the counties in providing drug treatment services pursuant to plans submitted under ORS 430.420. [2005 c.830 �46; 2009 c.595 �496] ����� Note: See note under 430.420. ����� 430.424 Distribution of funds; funding criteria. Consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the Oregon Health Authority shall distribute moneys in the Drug Prevention and Education Fund established in ORS 430.422 based on a review of the plans submitted to the office under ORS 430.420. Funding criteria include, but need not be limited to, whether the plan includes the existence or development of a drug treatment court or a drug diversion program. [2005 c.830 �44; 2009 c.595 �497; 2011 c.673 �32] ����� Note: See note under 430.420. ����� 430.425 [1973 c.697 ��4,5; repealed by 1985 c.740 �18] ����� 430.426 Rules; acceptance of gifts, grants and donations. (1) The Oregon Health Authority shall adopt rules necessary to carry out the provisions of ORS 430.420 to 430.426. ����� (2) The authority may accept gifts, grants and donations from any source, public or private. Moneys accepted under this section must be deposited in the Drug Prevention and Education Fund to be used for the purposes for which the fund is established. [2005 c.830 �45; 2009 c.595 �498] ����� Note: See note under 430.420. DEFLECTION PROGRAMS ����� 430.430 Oregon Behavioral Health Deflection Program; eligibility; distribution and use of funds; rules. (1) As used in this section, �deflection program� means a collaborative program between law enforcement agencies and behavioral health entities or community-based social service organizations that assists individuals who may have substance use disorder, another behavioral health disorder or co-occurring disorders, and who often have other service needs, to create community-based pathways to treatment, recovery support services, housing, case management or other services. ����� (2) The Oregon Behavioral Health Deflection Program is established within the Oregon Criminal Justice Commission. The program consists of grants awarded by the commission to counties and federally recognized tribal governments to fund deflection programs. ����� (3) The purpose of the program described in this section is to: ����� (a) Address the need for more deflection programs to assist individuals whose behavioral health conditions, including substance use disorder, and other service needs lead to a heightened likelihood of interactions with law enforcement, incarceration, conviction and other engagement with the criminal justice system. ����� (b) Track and report data concerning deflection program outcomes in order to determine the best practices for deflection programs within this state. ����� (4)(a) The commission shall develop a grant application process for awarding grants under this section. ����� (b) An application for a grant under this section may be submitted by a county or designee of a county, a tribal government or designee of a tribal government or a consortium consisting of two or more counties or tribal governments, or designee of a consortium. Only one application per county or tribal government may be submitted, but the application may request funding multiple programs within an applicant�s jurisdiction. ����� (c) Prior to submitting an application for a grant under this section, the applicant shall coordinate with all partners of the development and administration of the proposed deflection program to ensure that the partners have the resources necessary to implement the deflection program as follows: ����� (A) For a county or county consortium applicant, the partners shall include at least a district attorney, a law enforcement agency, a community mental health program established under ORS 430.620 and a provider from a Behavioral Health Resource Network established under ORS 430.389. Partners may also include a treatment provider, a local mental health authority, a tribal government, a peer support organization, a court or a local government body. ����� (B) For a tribal government or tribal government consortium applicant, the partners shall include at least a law enforcement agency and either a behavioral health entity or a community-based social service organization. ����� (d) An application for a grant under this section must contain: ����� (A) A description of the coordination with program partners required by paragraph (c) of this subsection that has occurred; ����� (B) A description of the individuals who would be eligible for the program and what qualifies as a successful outcome, formulated in cooperation with the program partners described in paragraph (c) of this subsection; ����� (C) For a county or county consortium applicant, a description of how the program for which the applicant is seeking funding is culturally and linguistically responsive, trauma-informed and evidence-based; ����� (D) For a county or county consortium applicant, a description of a plan to address language access barriers when communicating program referral options and program procedures to non-English speaking individuals; and ����� (E) A description of how the program coordinator will communicate with program partners concerning persons participating in the program and any other matter necessary for the administration of the program. ����� (5) To be eligible for funding under this section, a deflection program: ����� (a) Must be coordinated by or in consultation with a community mental health program, a local mental health authority or a federally recognized tribal government; ����� (b) Must have a coordinator with the following program coordinator duties: ����� (A) Convening deflection program partners as needed for the operation of the program; ����� (B) Managing grant program funds awarded under this section; and ����� (C) Tracking and reporting data required by the commission under ORS 137.687; ����� (c) Must involve the partners described in subsection (4)(c) of this section; and ����� (d) May involve a partnership with one or more of the following entities: ����� (A) A first responder agency other than a law enforcement agency; ����� (B) A community provider; ����� (C) A treatment provider; ����� (D) A community-based organization; ����� (E) A case management provider; ����� (F) A recovery support services provider; or ����� (G) Any other individual or entity deemed necessary by the program coordinator to carry out the purposes of the deflection program, including individuals with lived experience with substance use disorder, a behavioral health disorder or co-occurring disorders. ����� (6)(a) The commission shall distribute moneys in the Oregon Behavioral Health Deflection Program Account established under ORS 430.434, as follows: ����� (A) The commission shall first determine the proportion of funds available to an applicant that is a federally recognized tribal government or a consortium of federally recognized tribal governments. ����� (B) Following the determination made under subparagraph (A) of this paragraph, the remaining moneys shall be distributed to other applicants as follows: ����� (i) Twenty-five percent of the moneys shall be distributed to counties based on the county formula share used for the program during the biennium ending June 30, 2025; ����� (ii) Seventy percent of the moneys shall be distributed to counties based on the formula described in paragraph (b) of this subsection; ����� (iii) Three percent of the moneys shall be retained by the commission to support grant recipient data collection and analysis or evaluation of outcome measures; and ����� (iv) Two percent of the moneys shall be retained by the commission to support technical assistance for grant recipients. ����� (C) Each qualifying county applicant shall receive a grant award of no less than $300,000. ����� (b) For purposes of the distribution under paragraph (a)(B)(ii) of this subsection: ����� (A) The commission shall provide historical data to each applicant to assist applicants in developing a program population projection. ����� (B) Applicants shall develop a program population projection to submit to the commission. The program population projection shall consist of: ����� (i) A projection of individuals eligible for deflection based on local program criteria; ����� (ii) A projection of individuals to be enrolled in the Oregon Behavioral Health Deflection Program within the applicant�s local jurisdiction; and ����� (iii) An explanation describing the methodology used to calculate the program population projection. ����� (C) The proportion of funds available to an applicant shall be determined by the commission using the combined projections of potential populations served by the Oregon Behavioral Health Deflection Program. ����� (7)(a) Grant funds awarded under this section may be used for: ����� (A) Deflection program expenses, including but not limited to law enforcement employees, deputy district attorneys and behavioral health, case management or outreach workers, including peer navigators and mobile crisis and support services workers. ����� (B) Behavioral health workforce development. ����� (C) Capital construction of behavioral health treatment infrastructure. ����� (D) The payment of restitution to a victim, if potential or outstanding restitution is a barrier to program participation. ����� (E) The purchase of closed-loop referral technology to facilitate referrals to local partners and community-based organizations involved in supporting deflection and jail reentry programs. ����� (b) Notwithstanding paragraph (a) of this subsection, the commission may award planning grants for the development of deflection programs. ����� (c) A county or county consortium applicant may request up to 10 percent of program funds for administrative costs. A tribal government or tribal government consortium applicant may request up to the federally negotiated indirect cost rate for the applicant to cover administrative costs. ����� (8) The commission shall provide staff support to the grant program. ����� (9) The commission may adopt rules to carry out the provisions of this section, including: ����� (a) A methodology for reviewing and approving grant applications and awarding grants; ����� (b) A process for distributing any unallocated funds; ����� (c) A process for evaluating the efficacy of deflection programs funded under this section; ����� (d) Provisions related to requests by grant recipients to adjust their grant awards; and ����� (e) Provisions related to partnerships or collaborations between applicants. ����� (10) For purposes of this section: ����� (a) �Successful outcome� means an outcome that recognizes that recovery pathways are necessarily individual and that is measured in engagement in case management services and improvements in quality of life stability factors and public safety. ����� (b) �Victim� has the meaning given that term in ORS 131.007. [2024 c.70 �76; 2025 c.532 �27; 2025 c.557 �8b] ����� Note: The amendments to 430.430 by section 9a, chapter 557, Oregon Laws 2025, become operative July 1, 2027. See section 10a, chapter 557, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience. ����� 430.430. (1) As used in this section, �deflection program� means a collaborative program between law enforcement agencies and behavioral health entities or community-based social service organizations that assists individuals who may have substance use disorder, another behavioral health disorder or co-occurring disorders, and who often have other service needs, to create community-based pathways to treatment, recovery support services, housing, case management or other services. ����� (2) The Oregon Behavioral Health Deflection Program is established within the Oregon Criminal Justice Commission. The program consists of grants awarded by the commission to counties and federally recognized tribal governments to fund deflection programs. ����� (3) The purpose of the program described in this section is to: ����� (a) Address the need for more deflection programs to assist individuals whose behavioral health conditions, including substance use disorder, and other service needs lead to a heightened likelihood of interactions with law enforcement, incarceration, conviction and other engagement with the criminal justice system. ����� (b) Track and report data concerning deflection program outcomes in order to determine the best practices for deflection programs within this state. ����� (4)(a) The commission shall develop a grant application process for awarding grants under this section. ����� (b) An application for a grant under this section may be submitted by a county or designee of a county, a tribal government or designee of a tribal government or a consortium consisting of two or more counties or tribal governments, or designee of a consortium. Only one application per county or tribal government may be submitted, but the application may request funding multiple programs within an applicant�s jurisdiction. ����� (c) Prior to submitting an application for a grant under this section, the applicant shall coordinate with all partners of the development and administration of the proposed deflection program to ensure that the partners have the resources necessary to implement the deflection program as follows: ����� (A) For a county or county consortium applicant, the partners shall include at least a district attorney, a law enforcement agency, a community mental health program established under ORS 430.620 and a provider from a Behavioral Health Resource Network established under ORS 430.389. Partners may also include a treatment provider, a local mental health authority, a tribal government, a peer support organization, a court or a local government body. ����� (B) For a tribal government or tribal government consortium applicant, the partners shall include at least a law enforcement agency and either a behavioral health entity or a community-based social service organization. ����� (d) An application for a grant under this section must contain: ����� (A) A description of the coordination with program partners required by paragraph (c) of this subsection that has occurred; ����� (B) A description of the individuals who would be eligible for the program and what qualifies as a successful outcome, formulated in cooperation with the program partners described in paragraph (c) of this subsection; ����� (C) For a county or county consortium applicant, a description of how the program for which the applicant is seeking funding is culturally and linguistically responsive, trauma-informed and evidence-based; ����� (D) For a county or county consortium applicant, a description of a plan to address language access barriers when communicating program referral options and program procedures to non-English speaking individuals; and ����� (E) A description of how the program coordinator will communicate with program partners concerning persons participating in the program and any other matter necessary for the administration of the program. ����� (5) To be eligible for funding under this section, a deflection program: ����� (a) Must be coordinated by or in consultation with a community mental health program, a local mental health authority or a federally recognized tribal government; ����� (b) Must have a coordinator with the following program coordinator duties: ����� (A) Convening deflection program partners as needed for the operation of the program; ����� (B) Managing grant program funds awarded under this section; and ����� (C) Tracking and reporting data required by the commission under ORS 137.687; ����� (c) Must involve the partners described in subsection (4)(c) of this section; and ����� (d) May involve a partnership with one or more of the following entities: ����� (A) A first responder agency other than a law enforcement agency; ����� (B) A community provider; ����� (C) A treatment provider; ����� (D) A community-based organization; ����� (E) A case management provider; ����� (F) A recovery support services provider; or ����� (G) Any other individual or entity deemed necessary by the program coordinator to carry out the purposes of the deflection program, including individuals with lived experience with substance use disorder, a behavioral health disorder or co-occurring disorders. ����� (6)(a) The commission shall distribute moneys in the Oregon Behavioral Health Deflection Program Account established under ORS 430.434 as follows: ����� (A) The commission shall first determine the proportion of funds available to an applicant that is a federally recognized tribal government or a consortium of federally recognized tribal governments. ����� (B) Following the determination made under subparagraph (A) of this paragraph, the remaining moneys shall be distributed to other applicants as follows: ����� (i) Twenty-five percent of the moneys shall be distributed to counties based on the formula described in paragraph (b) of this subsection; ����� (ii) Seventy percent of the moneys shall be distributed to counties based on a competitive grant program adopted by the commission by rule and following the priorities described in paragraph (c) of this subsection; ����� (iii) Three percent of the moneys shall be retained by the commission to support grant recipient data collection and analysis or evaluation of outcome measures; and ����� (iv) Two percent of the moneys shall be retained by the commission to support technical assistance for grant recipients. ����� (b) For purposes of the distribution under paragraph (a)(B)(i) of this subsection: ����� (A) The commission shall provide historical data to each applicant to assist applicants in developing a program population projection. ����� (B) Applicants shall develop a program population projection to submit to the commission. The program population projection shall consist of: ����� (i) A projection of individuals eligible for deflection based on local program criteria; ����� (ii) A projection of individuals to be enrolled in the Oregon Behavioral Health Deflection Program within the applicant�s local jurisdiction; and ����� (iii) An explanation describing the methodology used to calculate the program population projection. ����� (C) The proportion of funds available to an applicant shall be determined by the commission using the combined projections of potential populations served by the Oregon Behavioral Health Deflection Program, but a qualifying applicant may not receive less than $150,000. ����� (c) The commission shall prioritize the following when awarding grants under paragraph (a)(B)(ii) of this subsection: ����� (A) Grant recipients making adequate progress toward meeting program population projections submitted to the commission under paragraph (b) of this subsection; ����� (B) Programs designed to minimize the number of cases involving unlawful possession of a controlled substance constituting a drug enforcement misdemeanor as described in ORS 475.896 filed in an applicant�s jurisdiction; ����� (C) Programs that result in satisfactory rates of successful outcomes for program participants; ����� (D) Programs that prioritize the funding of positions that interact directly with prospective and enrolled program participants; ����� (E) Programs in rural areas that create regional partnerships; and ����� (F) Programs that adhere to documented standards and best practices established by the commission for deflection programs. ����� (7)(a) Grant funds awarded under this section may be used for: ����� (A) Deflection program expenses, including but not limited to law enforcement employees, deputy district attorneys and behavioral health, case management or outreach workers, including peer navigators and mobile crisis and support services workers. ����� (B) Behavioral health workforce development. ����� (C) Capital construction of behavioral health treatment infrastructure. ����� (D) The payment of restitution to a victim, if potential or outstanding restitution is a barrier to program participation. ����� (E) The purchase of closed-loop referral technology to facilitate referrals to local partners and community-based organizations involved in supporting deflection and jail reentry programs. ����� (b) Notwithstanding paragraph (a) of this subsection, the commission may award planning grants for the development of deflection programs. ����� (c) A county or county consortium applicant may request up to 10 percent of program funds for administrative costs. A tribal government or tribal government consortium applicant may request up to the federally negotiated indirect cost rate for the applicant to cover administrative costs. ����� (8) The commission shall provide staff support to the grant program. ����� (9) The commission shall adopt rules to carry out the provisions of this section, including: ����� (a) A methodology for reviewing and approving grant applications and awarding grants; ����� (b) A process for distributing any unallocated funds; ����� (c) A process for evaluating the efficacy of deflection programs funded under this section; ����� (d) Provisions related to requests by grant recipients to adjust their grant awards; and ����� (e) Provisions related to partnerships or collaborations between applicants. ����� (10) For purposes of this section: ����� (a) �Successful outcome� means an outcome that recognizes that recovery pathways are necessarily individual and that is measured in engagement in case management services and improvements in quality of life stability factors and public safety. ����� (b) �Victim� has the meaning given that term in ORS 131.007. ����� Note: 430.430 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. ����� 430.432 Annual report on program outcomes. (1) The Oregon Criminal Justice Commission shall monitor the progress of and evaluate program outcomes for applicants that receive grant funds as part of the Oregon Behavioral Health Deflection Program established under ORS 430.430. ����� (2) Beginning no later than November 1, 2025, the commission shall annually report, in the manner described in ORS 192.245, the findings of the evaluation described in subsection (1) of this section to the relevant interim committees of the Legislative Assembly. [2024 c.70 �77; 2025 c.557 �11] ����� Note: 430.432 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. ����� 430.434 Oregon Behavioral Health Deflection Program Account. The Oregon Behavioral Health Deflection Program Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Oregon Criminal Justice Commission for the purpose of carrying out the provisions of ORS 430.430 and 430.432. [2024 c.70 �78] ����� Note: 430.434 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. DIVERSION PROGRAMS (Definitions) ����� 430.450 Definitions for ORS 430.450 to 430.555. As used in ORS 430.450 to 430.555, unless the context requires otherwise: ����� (1) �Authority� means the Oregon Health Authority. ����� (2) �Community diversion plan� means a system of services approved and monitored by the Oregon Health Authority in accordance with approved county mental health plans, which may include but need not be limited to, medical, educational, vocational, social and psychological services, training, counseling, provision for residential care, and other rehabilitative services designed to benefit the defendant and protect the public. ����� (3) �Crimes of violence against the person� means criminal homicide, assault and related offenses as defined in ORS 163.165 to 163.208, rape and sexual abuse, incest, or any other crime involving the use of a deadly weapon or which results in physical harm or death to a victim. ����� (4) �Diversion� means the referral or transfer from the criminal justice system into a program of treatment or rehabilitation of a defendant diagnosed as drug dependent and in need of treatment at authority approved sites, on the condition that the defendant successfully fulfills the specified obligations of a program designed for rehabilitation. ����� (5) �Diversion coordinator� means a person designated by a county mental health program director to work with the criminal justice system and health care delivery system to screen defendants who may be suitable for diversion; to coordinate the formulation of individual diversion plans for such defendants; and to report to the court the performance of those defendants being treated under an individual diversion plan. ����� (6) �Director of the treatment facility� means the person in charge of treatment and rehabilitation programs at the treatment facility. ����� (7) �Drug abuse� means repetitive, excessive use of a drug or controlled substance short of dependence, without medical supervision, which may have a detrimental effect on the individual or society. ����� (8) �Drug-dependent person� means one who has lost the ability to control the personal use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance. ����� (9) �Evaluation� means any diagnostic procedures used in the determination of drug dependency, and may include but are not limited to chemical testing, medical examinations and interviews. ����� (10) �Individual diversion plan� means a system of services tailored to the individual�s unique needs as identified in the evaluation, which may include but need not be limited to medical, educational, vocational, social and psychological services, training, counseling, provision for residential care, and other rehabilitative services designed to benefit the defendant and protect the public. The plan shall include appropriate methods for monitoring the individual�s progress toward achievement of the defined treatment objectives and shall also include periodic review by the court. ����� (11) �Treatment facility� means detoxification centers, outpatient clinics, residential care facilities, hospitals and such other facilities determined to be suitable by the authority as meeting minimum standards under ORS 430.357, any of which may provide diagnosis and evaluation, medical care, detoxification, social services or rehabilitation. [1977 c.871 �2; 1979 c.744 �26; 2001 c.900 �139; 2009 c.595 �499; 2011 c.673 �33] (Treatment Program) ����� 430.455 Information to arrested person believed to have substance use disorder. When a person is arrested for violation of the criminal statutes of this state which do not involve crimes of violence against another person, and the officer or person making the arrest has reasonable grounds for believing the arrested individual is a drug-dependent person, the officer or person making the arrest may: ����� (1) Fully inform the arrested person of the right of the arrested person to evaluation and the possible consequences of such evaluation; ����� (2) Inform the arrested person of the right of the arrested person to counsel before consenting to evaluation; and ����� (3) Fully explain the voluntary nature of the evaluation and the limitations upon the confidentiality of the information obtained during the evaluation. [1977 c.871 �7] ����� 430.460 Consent to evaluation; effect of refusal. Upon obtaining the written consent of the arrested person, the officer or person making the arrest shall request an approved site to conduct an evaluation to determine whether the arrested person is drug dependent. Refusal of the arrested person to consent to the evaluation is not admissible in evidence upon the trial of the arrested person. [1977 c.871 �8] ����� 430.465 Referral for evaluation. A defendant may be informed of the rights of the defendant to evaluation and, upon giving written consent, may be referred for such evaluation at any time prior to conviction for the offense for which the defendant is charged, notwithstanding prior refusal to submit to evaluation. The procedures stipulated in ORS 430.455 and 430.460 shall be followed whenever the right to evaluation is restated under this section. [1977 c.871 �9] ����� 430.470 Notice of right to evaluation if not given at time of arrest. (1) In the event that an officer or person making the arrest fails to inform the person arrested of the right to evaluation, and possible diversion, within 24 hours from the time of booking, an officer of the court or diversion coordinator may do so. ����� (2) At the time of arraignment, the judge shall inform the defendant of the rights described in ORS 430.455. [1977 c.871 �10] ����� 430.475 Evaluation results as evidence; admissibility at subsequent trial; privileged communication. (1) The results of the evaluation of an arrested person suspected of being drug dependent shall be made available to the prosecuting and defense attorneys and the presiding judge for the judicial district, but shall not be entered into evidence in any subsequent trial of the accused except upon written consent of the accused or upon a finding by the court that the relevance of the results outweighs their prejudicial effect. ����� (2) Except as provided in subsection (1) of this section, results of evaluation or information voluntarily provided to evaluation or treatment personnel by a person under ORS 430.450 to 430.555 shall be confidential and shall not be admitted as evidence in criminal proceedings. Reports submitted to the court or the prosecutor by the diversion coordinator shall consist solely of matters required to be reported by the terms of the diversion plan, together with an assessment of the person�s progress toward achieving the goals set forth in the plan. Communications between the person participating in the plan and the diversion coordinator shall be privileged unless they relate directly to the elements required to be reported under the diversion plan. [1977 c.871 ��11,27; 1995 c.781 �45] ����� 430.480 Effect of ORS 430.450 to 430.555 on other evidence. Nothing in ORS 430.450 to 430.555 is intended to limit the introduction of other evidence bearing upon the question of whether or not a person is using or is under the influence of cannabis or controlled substances. [1977 c.871 �12; 1979 c.744 �27; 2017 c.21 �61] ����� 430.485 Treatment may be ordered. When the results of the evaluation obtained under ORS 430.460 or 430.465 indicate that the defendant is a drug-dependent person within the meaning of ORS 430.450 to 430.555, and the results of the evaluation indicate that such person may benefit in a substantial manner from treatment for drug dependence, the prosecutor, with the concurrence of the court, may direct the defendant to receive treatment as a contingent alternative to prosecution. If defendant refuses treatment, criminal proceedings shall be resumed. [1977 c.871 �15] ����� 430.490 Diversion plan for defendant; participation as condition of probation or parole. (1) Prior to the initiation of diversion, the local diversion coordinator shall submit an individual diversion plan for the defendant. Upon approval of the plan by the prosecutor and the court, the person diverted shall be required to follow the diversion plan as a condition of continuance in treatment. The plan shall be entered into the record of the court. ����� (2) Participation in a diversion program may be made a condition of probation or parole. [1977 c.871 ��16,28] ����� 430.495 Content of diversion plan; duration. (1) The diversion plan shall include appropriate methods for monitoring the progress of the diverted individual toward the achievement of the defined treatment objectives. In the presence of counsel, the defendant shall review the terms of the individual diversion plan, including methods for monitoring progress, and execute a written statement indicating consent. Such statement shall include a voluntary waiver of stipulated rights as necessary to implement the approved plan. Any authorized waiver under this section shall not extend beyond the time of participation by the person in the diversion plan. ����� (2) No individual diversion plan shall continue for more than the maximum time a person can be sentenced for the offense charged. [1977 c.871 ��17,21] ����� 430.500 Dismissal of charges. (1) Upon successful completion of treatment, as outlined in the individual diversion plan, a request may be made to dismiss charges against the individual related to the offense for which diversion was initiated as an alternative to prosecution. ����� (2) When the prosecutor and the court have determined that the individual has successfully completed treatment, as outlined in the diversion plan, the prosecutor shall dismiss charges against the individual related to the offense for which diversion was initiated as an alternative to prosecution. [1977 c.871 ��18,19] ����� 430.505 Expunction of verdict. If a person is diverted after conviction, but prior to sentencing, the court may order expunction from the record of the verdict of the court and all proceedings incident thereto upon successful completion of the diversion plan and a post-treatment period of three years, provided there have been no new convictions for misdemeanor or felony offenses. [1977 c.871 �20] ����� 430.510 Notice when treatment unsuccessful. If treatment under ORS 430.450 to 430.555 is unsuccessful, the prosecuting attorney and the court shall be notified before the defendant is released from treatment. After such notice the prosecution may be resumed. If the person has been convicted of the offense for which the person has been arrested, the court may proceed to impose sentence, which shall take into account the period during which the person participated in treatment. [1977 c.871 �25] ����� 430.515 Procedure to terminate treatment. Termination of treatment under ORS 430.450 to 430.555 may be instituted at any time by either the prosecutor, the director of the treatment facility, the court or the person diverted into treatment. An order to terminate treatment shall be based upon a finding of substantial violation of the diversion plan or upon a showing to the satisfaction of the court that the person diverted constitutes a threat to the peace and safety of the public and that continued treatment will involve direct risk to the community or the treatment facility. Such findings and showing shall be made before the court in open hearing, with the person under treatment entitled to counsel and to due process of law. [1977 c.871 �26] ����� 430.520 [1977 c.871 �4; repealed by 1985 c.740 �18] ����� 430.525 [1977 c.871 ��5,13; repealed by 1985 c.740 �18] (Administration) ����� 430.535 Requirement to develop bilingual forms. (1) The Oregon Health Authority shall, subject to the availability of funds, develop bilingual forms to assist non-English-speaking persons in understanding their rights under ORS 430.450 to 430.555. ����� (2) The authority shall assist county mental health programs in the development of comprehensive and coordinated identification, evaluation, treatment, education and rehabilitation services for the drug-dependent person. The State Plan for Drug Problems shall be consistent with such system. [1977 c.871 ��3,14; 1985 c.740 �16; 2009 c.595 �500; 2009 c.856 ��13,22] ����� 430.540 Designation of and standards for evaluation sites. (1) The county mental health program director shall designate sites for evaluation in the county plan of individuals who may be or are known to be drug dependent. The Oregon Health Authority shall establish standards for such sites, consistent with ORS 430.357, and periodically publish a list of approved sites. ����� (2) The costs of evaluation shall be borne by the county of appropriate jurisdiction. [1977 c.871 �6; 2009 c.595 �501; 2011 c.673 �34] ����� 430.545 Procedures at evaluation sites; administration of antagonist drugs. (1) Evaluation sites provided for under ORS 430.450 to 430.555 shall conduct such procedures as may be necessary to determine if an individual is a drug-dependent person. A person shall be evaluated only with that person�s written consent. Subject to approval of the Oregon Health Authority, the director of a treatment facility or the director of an evaluation site may designate personnel to provide treatment or evaluation as appropriate under the lawful limitations of their certification, licensure or professional practice. ����� (2) Antagonist drugs may be administered for diagnosis of addiction by a registered nurse at an approved site when the nurse has completed required training and a physician or naturopathic physician is available on call. Antagonist drugs shall not be administered without informed written consent of the person. [1977 c.871 �22; 1979 c.744 �28; 2009 c.595 �502; 2017 c.356 �56] ����� 430.550 Discrimination prohibited. A person, otherwise eligible, may not be denied evaluation or treatment under ORS 430.450 to 430.555 on account of the person�s race, religion, sex, sexual orientation, gender identity, nationality, age or ability to pay. [1977 c.871 �24; 2007 c.100 �26; 2021 c.367 �25] ����� 430.555 Liability for violation of civil rights or injuries to participant. Liability for violation of civil rights under ORS 430.450 to 430.555 or injuries to a person participating in a diversion program or caused by a person in a diversion program under ORS 430.450 to 430.555 shall, except in the case of gross negligence, be borne by the county making the arrest and the state in equal shares, and shall not extend to persons administering the provisions of ORS 430.450 to 430.555. [1977 c.871 �23] DRUG TREATMENT PROGRAMS ����� 430.560 Oregon Health Authority adoption of requirements for contracted drug treatment programs; rules. (1) The Oregon Health Authority shall adopt rules to establish requirements, in accordance with ORS 430.357, for drug treatment programs that contract with the authority and that involve: ����� (a) Detoxification; ����� (b) Detoxification with acupuncture and counseling; and ����� (c) The supplying of synthetic opiates to such persons under close supervision and control. However, the supplying of synthetic opiates shall be used only when detoxification or detoxification with acupuncture and counseling has proven ineffective or upon a written request of a physician licensed by the Oregon Medical Board or a naturopathic physician licensed by the Oregon Board of Naturopathic Medicine showing medical need for synthetic opiates. A copy of the request must be included in the client�s permanent treatment and releasing authority records. ����� (2) Notwithstanding subsection (1) of this section, synthetic opiates may be made available to a pregnant woman with her informed consent without prior resort to the treatment programs described in subsection (1)(a) and (b) of this section. [Formerly 475.715; 1979 c.744 �29; 1991 c.574 �3; 2005 c.264 �22; 2009 c.595 �503; 2011 c.673 �35; 2017 c.356 �57; 2019 c.470 �3] ����� 430.565 Nonapplicability of drug laws to certain persons in treatment program. The provisions of any law restricting the use, possession, control or administration of a controlled substance shall not apply to any physician, pharmacist or other person while participating in the program authorized by ORS 430.560 (1)(c) so long as the physician, pharmacist or other person complies with provisions of ORS 430.560 and this section and the rules of the Oregon Health Authority made pursuant to ORS 430.560 and this section. [Formerly 475.725; 1979 c.744 �30; 1991 c.574 �4; 2009 c.595 �504] ����� 430.570 Information concerning opiate inhibitors to be made available. The Oregon Health Authority shall cause information concerning the usefulness and feasibility of opiate inhibitors to be made available to persons involved in administering diversion programs, corrections programs and other programs for drug dependent persons. [1987 c.618 �4; 2009 c.595 �505] ����� 430.572 Internet access to providers of opiate use disorder treatment. (1) The Oregon Health Authority shall develop and regularly update a web-based, searchable inventory of the following: ����� (a) Each opioid and opiate abuse or dependency treatment provider located in this state; ����� (b) Treatment options offered by each opioid and opiate abuse or dependency treatment provider located in this state; and ����� (c) The maximum capacity of each opioid and opiate abuse or dependency treatment provider located in this state. ����� (2) The authority shall post the inventory developed under subsection (1) of this section on a website of the authority. [2017 c.683 �7] ����� Note: 430.572 and 430.573 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. ����� 430.573 Statewide capacity to provide opiate use disorder treatment. (1) In developing the inventory required by ORS 430.572, the Oregon Health Authority shall analyze the data to determine whether identifiable geographic regions have insufficient treatment options for, or capacity to treat individuals suffering from, opioid or opiate abuse or dependency. ����� (2) Not later than September 15 of each year, the authority shall report to the interim committees of the Legislative Assembly related to health care, in the manner provided by ORS 192.245, on identifiable geographic regions that have insufficient treatment options for, or capacity to treat individuals suffering from, opioid or opiate abuse or dependency. [2017 c.683 �8] ����� Note: See note under 430.572. ����� 430.580 [1983 c.601 �2; repealed by 1987 c.411 �5] ����� 430.590 Regulation of location of methadone clinic; enforcement. (1) It is unlawful for any person to commence operating a methadone clinic: ����� (a) Within 1,000 feet of the real property comprising an existing public or private elementary, secondary or career school attended primarily by minors; or ����� (b) Within 1,000 feet of the real property comprising an existing licensed child care facility. As used in this section, �licensed child care facility� means a child care center certified under ORS 329A.280 that is operating under authority of a valid business license. ����� (2) Commencing operation of a methadone clinic within 1,000 feet of a school or licensed child care facility is a nuisance and operation of the clinic shall be enjoined and abated as provided in ORS 105.550 to 105.600. ����� (3) For purposes of this section, �within 1,000 feet� means a straight line measurement in a radius extending for 1,000 feet or less in every direction from any point on the boundary line of the real property comprising an existing public or private elementary, secondary or career school or an existing licensed child care facility under this section. ����� (4) A county or a local public health authority, as defined in ORS 431.003, may waive the siting restrictions under this section to the extent necessary to remove unreasonable barriers to patients� accessing medically necessary treatment at methadone clinics. [1991 c.574 �5; 1995 c.278 �52; 1995 c.343 �47; 2003 c.293 �14; 2013 c.588 �2; 2019 c.470 �4] ����� Note: 430.590 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. LOCAL MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES (Generally) ����� 430.610 Legislative policy. It is declared to be the policy and intent of the Legislative Assembly that: ����� (1) Subject to the availability of funds, services should be available to all persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are alcohol or drug abusers, regardless of age, county of residence or ability to pay; ����� (2) The Department of Human Services, the Oregon Health Authority and other state agencies shall conduct their activities in the least costly and most efficient manner so that delivery of services to persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are alcohol or drug abusers, shall be effective and coordinated; ����� (3) To the greatest extent possible, mental health and developmental disabilities services shall be delivered in the community where the person lives in order to achieve maximum coordination of services and minimum disruption in the life of the person; and ����� (4) The State of Oregon shall encourage, aid and financially assist its county governments in the establishment and development of community mental health programs or community developmental disabilities programs, including but not limited to, treatment and rehabilitation services for persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are alcohol or drug abusers, and prevention of these problems through county administered community mental health programs or community developmental disabilities programs. [1961 c.706 �36; 1973 c.639 �1; 1981 c.750 �1; 2001 c.900 �140; 2007 c.70 �228; 2009 c.595 �506; 2011 c.720 �170] ����� 430.620 Establishment of community mental health and developmental disabilities programs by one or more counties. (1) The county court or board of county commissioners, or its representatives designated by it for the purpose, of any county, on behalf of the county, may: ����� (a) By contract with and subject to the rules of the Department of Human Services, establish and operate, or contract with a public agency or private corporation for, a community developmental disabilities program. ����� (b) In conformity with the rules of the Oregon Health Authority, establish and operate, or contract with a public agency or private corporation for, a community mental health program. ����� (c) Cooperate, coordinate or act jointly with any other county or counties or any appropriate officer or agency of such counties in establishing and operating or contracting for a community mental health program or community developmental disabilities program to service all such counties in conformity with the regulations of the department or the authority. ����� (d) Expend county moneys for the purposes referred to in paragraph (a), (b) or (c) of this subsection. ����� (e) Accept and use or expend property or moneys from any public or private source made available for the purposes referred to in paragraph (a), (b) or (c) of this subsection. ����� (2) All officers and agencies of a county, upon request, shall cooperate insofar as possible with the county court or board of county commissioners, or its designated representatives, in conducting programs and carrying on and coordinating activities under subsection (1) of this section. [1961 c.706 �39; 1973 c.639 �2; 1981 c.750 �2; 1989 c.116 �10; 2009 c.595 �507; 2013 c.36 �30] (Crisis Stabilization Services) ����� 430.624 9-8-8 Trust Fund. (1) The 9-8-8 Trust Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the 9-8-8 Trust Fund shall be credited to the fund. The 9-8-8 Trust Fund consists of: ����� (a) Revenues from the 9-8-8 coordinated crisis services tax imposed under ORS 403.200 (1)(b); ����� (b) Appropriations made by the Legislative Assembly; ����� (c) Federal funds allocated to the state to implement the 9-8-8 suicide prevention and behavioral health crisis system; ����� (d) Gifts, grants and donations to the fund from public and private sources; and ����� (e) Moneys deposited into the fund from other sources. ����� (2) Moneys in the 9-8-8 Trust Fund are continuously appropriated to the Oregon Health Authority for the purposes specified in ORS 430.627 and 430.628. ����� (3) In accordance with 47 U.S.C. 251a, moneys in the 9-8-8 Trust Fund shall be sequestered and may be obligated or expended only for the purposes specified in ORS 430.627 and 430.628. ����� (4) Moneys in the 9-8-8 Trust Fund at the end of a biennium are retained in the fund and do not revert to the General Fund and are not subject to transfer to any other fund or to transfer, assignment or reassignment for any other use or purpose other than the purposes specified in ORS 430.627 and 430.628. ����� (5) Moneys in the 9-8-8 Trust Fund may not be used to displace available funding for services described in ORS 430.627 by Medicaid, Medicare, federal or state-regulated health insurance, disability insurance or local government programs or other federal, state or local funds for suicide prevention or behavioral health crisis services. ����� (6) The authority shall provide an annual report of deposits into and expenditures from the 9-8-8 Trust Fund to the Legislative Assembly and to the Federal Communications Commission. [2023 c.251 �1] ����� Note: 430.624 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. ����� 430.625 [1989 c.777 �2; 2005 c.691 �1; 2007 c.70 �229; renumbered 430.631 in 2011] ����� 430.626 Definitions. As used in ORS 430.626 to 430.628: ����� (1) �Coordinated care organization� has the meaning given that term in ORS 414.025. ����� (2) �Crisis stabilization center� means a facility licensed by the Oregon Health Authority that meets the requirements adopted by the authority by rule under ORS 430.627. ����� (3) �Crisis stabilization services� includes diagnosis, stabilization, observation and follow-up referral services provided to individuals in a community-based, developmentally appropriate homelike environment to the extent practicable. ����� (4) �Mobile crisis intervention team� means a team of qualified behavioral health professionals that may include peer support specialists, as defined in ORS 414.025, and other health care providers such as nurses or social workers who provide timely, developmentally appropriate and trauma-informed interventions, screening, assessment, de-escalation and other services necessary to stabilize an individual experiencing a behavioral health crisis in accordance with requirements established by the authority by rule. ����� (5) �Peer respite center� means voluntary, nonclinical, short-term residential peer support provided: ����� (a) In a homelike setting to individuals with mental illness, substance use disorder or trauma response symptoms who are experiencing acute distress, anxiety or emotional pain that may lead to the need for a higher level of care such as psychiatric inpatient hospital services; and ����� (b) By a peer-run organization and directed and delivered by individuals with lived experience in coping with, seeking recovery from or overcoming mental illness, substance use disorder or trauma response challenges. ����� (6) �Veterans Crisis Line� means the crisis hotline maintained by the United States Department of Veterans Affairs and the United States Department of Health and Human Services. [2021 c.617 �1] ����� Note: 430.626 to 430.629 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. ����� 430.627 Statewide coordinated crisis system; rules. (1) The purposes of ORS 430.626 to 430.628 are to build upon and improve the statewide coordinated crisis system in this state and to: ����� (a) Remove barriers to accessing quality behavioral health crisis services; ����� (b) Improve equity in behavioral health treatment and ensure culturally, linguistically and developmentally appropriate responses to individuals experiencing behavioral health crises, in recognition that, historically, crisis response services placed marginalized communities at disproportionate risk of poor outcomes and criminal justice involvement; ����� (c) Ensure that all residents of this state receive a consistent and effective level of behavioral health crisis services no matter where they live, work or travel in the state; and ����� (d) Provide increased access to quality community behavioral health services to prevent interactions with the criminal justice system and prevent hospitalizations. ����� (2) Moneys from the 9-8-8 Trust Fund established in ORS 430.624 shall be used as follows: ����� (a) Revenues from the 9-8-8 coordinated crisis services tax that are deposited into the fund shall be used only for: ����� (A) The crisis call center system and crisis hotline center described in subsections (4) and (5) of this section; and ����� (B) To the extent that the crisis call center system and crisis hotline center are fully funded, the expansion and ongoing funding of mobile crisis intervention teams. ����� (b) Moneys other than revenues from the 9-8-8 coordinated crisis services tax that are deposited into the fund shall be used for: ����� (A) A wide array of crisis stabilization services, including services provided by: ����� (i) Crisis stabilization centers; ����� (ii) Facilities offering short-term respite services; ����� (iii) Peer respite centers; and ����� (iv) Behavioral health urgent care walk-in centers; and ����� (B) Community mental health program provision of crisis stabilization services or funding to cities to establish or maintain one or more mobile crisis intervention teams under ORS 430.628. ����� (3) The Oregon Health Authority shall adopt by rule requirements for crisis stabilization centers that, at a minimum, require a center to: ����� (a) Be designed to prevent or ameliorate a behavioral health crisis or reduce acute symptoms of mental illness or substance use disorder, for individuals who do not require inpatient treatment, by providing continuous 24-hour observation and supervision; ����� (b) Be staffed 24 hours per day, seven days per week, 365 days per year by a multidisciplinary team capable of meeting the needs of individuals in the community experiencing all levels of crisis, that may include, but is not limited to: ����� (A) Psychiatrists or psychiatric nurse practitioners; ����� (B) Nurses; ����� (C) Licensed or credentialed clinicians in the region where the crisis stabilization center is located who are capable of completing assessments; and ����� (D) Peers with lived experiences similar to the experiences of the individuals served by the center; ����� (c) Have a policy prohibiting rejecting patients brought in or referred by first responders, and have the capacity, at least 90 percent of the time, to accept all referrals; ����� (d) Have services to address substance use crisis issues; ����� (e) Have the capacity to assess physical health needs and provide needed care and a procedure for transferring an individual, if necessary, to a setting that can meet the individual�s physical health needs if the facility is unable to provide the level of care required; ����� (f) Offer walk-in and first responder drop-off options; ����� (g) Screen for suicide risk and complete comprehensive suicide risk assessments and planning when clinically indicated; ����� (h) Screen for violence risk and complete more comprehensive violence risk assessments and planning when clinically indicated; and ����� (i) Meet other requirements prescribed by the authority. ����� (4) The authority shall: ����� (a) Implement, maintain and improve the 9-8-8 suicide prevention and behavioral health crisis hotline and ensure the efficient and effective routing of calls, including staffing and technological infrastructure enhancements necessary to achieve operational and clinical standards and best practices set forth by the 988 Suicide and Crisis Lifeline and prescribed by the authority; and ����� (b) Maintain a crisis hotline center to receive calls, texts and chats from the 9-8-8 suicide prevention and behavioral health crisis hotline and to provide crisis intervention services and crisis care coordination anywhere in this state 24 hours per day, seven days per week. The crisis hotline center shall: ����� (A) Have an agreement to participate in the 988 Suicide and Crisis Lifeline network. ����� (B) Meet 988 Suicide and Crisis Lifeline requirements and best practices guidelines for operational and clinical standards and any additional clinical and operational standards prescribed by the authority. ����� (C) Record data, provide reports and participate in evaluations and related quality improvement activities. ����� (D) Establish formal agreements to collaborate with other agencies to ensure safe, integrated care for people in crisis who reach out to the 9-8-8 suicide prevention and behavioral health crisis hotline. ����� (E) Contact and coordinate with the local community mental health programs for rapid deployment of a local mobile crisis intervention team and follow-up services as needed. ����� (F) Utilize technologies, including chat and text applications, to provide a no-wrong-door approach for individuals seeking help from the crisis hotline and ensure collaboration among crisis and emergency response systems used throughout this state, such as 9-1-1 and 2-1-1, and with other centers in the 988 Suicide and Crisis Lifeline network. ����� (G) Establish policies and train staff on serving high-risk and specialized populations, including but not limited to lesbian, gay, bisexual, transgender and queer youth, minorities, veterans and individuals who have served in the military, firefighters and other first responders, rural residents, individuals with co-occurring disorders and other racially and ethnically diverse communities. Policies and training established under this subparagraph must include: ����� (i) Policies and training on transferring calls made to the 9-8-8 suicide prevention and behavioral health crisis hotline to an appropriate specialized center within or external to the 988 Suicide and Crisis Lifeline network; and ����� (ii) Training on providing linguistically and culturally competent care and follow-up services to individuals accessing the 9-8-8 suicide prevention and behavioral health crisis hotline consistent with guidance and policies established by the 988 Suicide and Crisis Lifeline. ����� (5) The staff of the crisis hotline center described in subsection (4) of this section must include individuals who possess the linguistic and cultural competency to respond to individuals within the demographics of the communities served and shall: ����� (a) Have access to the most recently reported information regarding available mental health and behavioral health crisis services. ����� (b) Track and maintain data regarding responses to calls, texts and chats to the 9-8-8 suicide prevention and behavioral health crisis hotline. ����� (c) Work to resolve crises with the least invasive intervention possible. ����� (d) Connect callers whose crisis is de-escalated or otherwise managed by hotline staff with appropriate follow-on services and undertake follow-up contact with the caller when appropriate. ����� (6) Crisis stabilization services provided to individuals accessing the 9-8-8 suicide prevention and behavioral health crisis hotline shall be reimbursed by the authority, coordinated care organizations or commercial insurance, depending on the individual�s insurance status. ����� (7) The authority shall adopt rules to allow appropriate information sharing and communication across all crisis service providers as necessary to carry out the requirements of this section and shall work in concert with the 988 Suicide and Crisis Lifeline and the Veterans Crisis Line for the purposes of ensuring consistency of public messaging about 9-8-8 suicide prevention and behavioral health crisis hotline services. [2021 c.617 �2; 2023 c.251 �3; 2023 c.443 �1] ����� Note: See note under 430.626. ����� 430.628 City and community mental health program provision of crisis stabilization services; rules. (1) In consultation with local community mental health programs, the Oregon Health Authority shall, to the extent funding is available, require each community mental health program to provide crisis stabilization services to individuals contacting the 9-8-8 suicide prevention and behavioral health crisis hotline who need crisis stabilization services in the community by enhancing and expanding the use of mobile crisis intervention teams. ����� (2) A city may request funding from a county to establish and maintain one or more mobile crisis intervention teams. ����� (3) Mobile crisis intervention teams must operate in compliance with rules adopted by the authority. ����� (4) A city that establishes and maintains a program for providing mobile crisis intervention services shall administer the program in accordance with a memorandum of understanding entered into between the city and the county or counties in which the city is located. A memorandum of understanding under this subsection must, at a minimum: ����� (a) Specify jurisdictional requirements for determining which entity will provide crisis response services in any given circumstance; ����� (b) Provide that the city shall comply with rules established by the Oregon Health Authority for provision of crisis intervention services; and ����� (c) Address the funding responsibilities of community mental health providers for crisis intervention services. [2021 c.617 �3; 2023 c.251 �4] ����� Note: See note under 430.626. ����� 430.629 Oversight and direction on implementation and operation of statewide coordinated crisis system. The Oregon Health Authority shall establish an advisory committee in accordance with ORS 430.075 or assign tasks to existing agencies, boards or committees to provide primary oversight and direction on the implementation and operation of the statewide coordinated crisis system described in ORS 430.626 to 430.628 and to provide guidance to the authority, gather feedback and make recommendations regarding the planning and implementation of the 9-8-8 suicide prevention and behavioral health crisis hotline. The advisory committee must include but is not limited to: ����� (1) Representatives of the crisis hotline center maintained under ORS 430.627 (4) and 9-1-1 call centers, the Oregon Department of Emergency Management, local public health and mental health authorities, hospitals and health systems, coordinated care organizations, as defined in ORS 414.025, telecommunication providers, law enforcement and the 988 Suicide and Crisis Lifeline Local Mental Health Authority; and ����� (2) Certified peer support specialists, as defined in ORS 414.025, individuals with lived experiences in mental illness or substance use disorder and their family members and caregivers, consumers of behavioral health services, including youth and families, and other stakeholders identified by the authority. [2021 c.617 �5; 2023 c.251 �5] ����� Note: See note under 430.626. (Temporary provisions relating to Task Force on Community Safety and Firearm Suicide Prevention) ����� Note: Sections 1 and 3, chapter 91, Oregon Laws 2024, provide: ����� Sec. 1. (1) The Task Force on Community Safety and Firearm Suicide Prevention is established. ����� (2) The task force consists of 17 members appointed as follows: ����� (a) The President of the Senate shall appoint two members from among members of the Senate, one from the majority party and one from the minority party. ����� (b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives, one from the majority party and one from the minority party. ����� (c) The Governor shall appoint 13 members, with consideration of geographic diversity, as follows: ����� (A) A representative of a state public health agency; ����� (B) A public safety policy advisor to the Governor; ����� (C) A representative of a nonprofit organization focused on suicide prevention with experience in lethal means safety; ����� (D) A representative of a community-based firearm safety and protocols program; ����� (E) A representative of the public health research field; ����� (F) A behavioral health professional or provider; ����� (G) An adult behavioral health provider; ����� (H) A medical provider who has worked with firearm violence victims; ����� (I) A psychologist who works with youth; ����� (J) A tribal representative from a suicide prevention program; ����� (K) A person with lived experience with community safety threats or suicidal ideation; ����� (L) A representative of law enforcement; and ����� (M) A professional who works in veterans� mental health. ����� (3) The task force shall coordinate with the Department of Justice, the Oregon Health Authority, sheriff departments that provide for voluntary storage of firearms, federally recognized Indian tribes in this state, faith-based groups in this state and the Oregon Alliance to Prevent Suicide to study the following issues related to public health best practices for reducing deaths from community safety threats and for suicide prevention: ����� (a) How to better support youth experiencing suicidal ideation. ����� (b) How to better support rural Oregonians experiencing suicidal ideation. ����� (c) How to reduce stigma on suicidal ideation. ����� (d) Barriers to suicide prevention support. ����� (e) Current community safety protocol across this state, including at hospitals and behavioral health facilities, and recommendations for improvement of the protocol. ����� (f) Locations and events most targeted in community safety threats. ����� (g) Rates of success for extreme risk protection orders and barriers to implementation and capacity for police stations or other entities to implement voluntary surrender or holding of firearms. ����� (h) Barriers to implementing best practices for community safety and suicide prevention. ����� (i) How domestic violence is a risk factor for community safety threats and suicide. ����� (j) Risks to first responders. ����� (4) The task force may engage a third party to research the issues listed in subsection (3) of this section. ����� (5) A majority of the voting members of the task force constitutes a quorum for the transaction of business. ����� (6) Official action by the task force requires the approval of a majority of the voting members of the task force. ����� (7) The task force shall elect one of its members to serve as chairperson. ����� (8) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective. ����� (9) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force. ����� (10) The task force may adopt rules necessary for the operation of the task force. ����� (11) The task force shall submit reports in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to health care no later than September 15, 2024, and September 15, 2025. ����� (12) The Department of Justice shall provide staff support to the task force. ����� (13) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only. ����� (14) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force. ����� (15) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of the duties of the task force and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. [2024 c.91 �1] ����� Sec. 3. Section 1 of this 2024 Act is repealed on December 31, 2026. [2024 c.91 �3] (Mental Health Programs) ����� 430.630 Services to be provided by community mental health programs; local mental health authorities; local mental health services plan; rules. (1) In addition to any other requirements that may be established by rule by the Oregon Health Authority, each community mental health program, subject to the availability of funds, shall provide guidance and assistance to local Behavioral Health Resource Networks for the joint development of programs and activities to increase access to treatment and shall provide the following basic services to persons with alcoholism or drug dependence, and persons who are alcohol or drug abusers: ����� (a) Outpatient services; ����� (b) Aftercare for persons released from hospitals; ����� (c) Training, case and program consultation and education for community agencies, related professions and the public; ����� (d) Guidance and assistance to other human service agencies for joint development of prevention programs and activities to reduce factors causing alcohol abuse, alcoholism, drug abuse and drug dependence; and ����� (e) Age-appropriate treatment options for older adults. ����� (2) As alternatives to state hospitalization, it is the responsibility of the community mental health program to ensure that, subject to the availability of funds, the following services for persons with alcoholism or drug dependence, and persons who are alcohol or drug abusers, are available when needed and approved by the Oregon Health Authority: ����� (a) Emergency services on a 24-hour basis, such as telephone consultation, crisis intervention and prehospital screening examination; ����� (b) Care and treatment for a portion of the day or night, which may include day treatment centers, work activity centers and after-school programs; ����� (c) Residential care and treatment in facilities such as halfway houses, detoxification centers and other community living facilities; ����� (d) Continuity of care, such as that provided by service coordinators, community case development specialists and core staff of federally assisted community mental health centers; ����� (e) Inpatient treatment in community hospitals; and ����� (f) Other alternative services to state hospitalization as defined by the Oregon Health Authority. ����� (3) In addition to any other requirements that may be established by rule of the Oregon Health Authority, each community mental health program, subject to the availability of funds, shall provide or ensure the provision of the following services to persons with mental or emotional disturbances: ����� (a) Screening and evaluation to determine the client�s service needs; ����� (b) Crisis stabilization to meet the needs of persons with acute mental or emotional disturbances, including the costs of investigations and prehearing detention in community hospitals or other facilities approved by the authority for persons involved in involuntary commitment procedures; ����� (c) Vocational and social services that are appropriate for the client�s age, designed to improve the client�s vocational, social, educational and recreational functioning; ����� (d) Continuity of care to link the client to housing and appropriate and available health and social service needs; ����� (e) Psychiatric care in state and community hospitals, subject to the provisions of subsection (4) of this section; ����� (f) Residential services; ����� (g) Medication monitoring; ����� (h) Individual, family and group counseling and therapy; ����� (i) Public education and information; ����� (j) Prevention of mental or emotional disturbances and promotion of mental health; ����� (k) Consultation with other community agencies; ����� (L) Preventive mental health services for children and adolescents, including primary prevention efforts, early identification and early intervention services. Preventive services should be patterned after service models that have demonstrated effectiveness in reducing the incidence of emotional, behavioral and cognitive disorders in children. As used in this paragraph: ����� (A) �Early identification� means detecting emotional disturbance in its initial developmental stage; ����� (B) �Early intervention services� for children at risk of later development of emotional disturbances means programs and activities for children and their families that promote conditions, opportunities and experiences that encourage and develop emotional stability, self-sufficiency and increased personal competence; and ����� (C) �Primary prevention efforts� means efforts that prevent emotional problems from occurring by addressing issues early so that disturbances do not have an opportunity to develop; and ����� (m) Preventive mental health services for older adults, including primary prevention efforts, early identification and early intervention services. Preventive services should be patterned after service models that have demonstrated effectiveness in reducing the incidence of emotional and behavioral disorders and suicide attempts in older adults. As used in this paragraph: ����� (A) �Early identification� means detecting emotional disturbance in its initial developmental stage; ����� (B) �Early intervention services� for older adults at risk of development of emotional disturbances means programs and activities for older adults and their families that promote conditions, opportunities and experiences that encourage and maintain emotional stability, self-sufficiency and increased personal competence and that deter suicide; and ����� (C) �Primary prevention efforts� means efforts that prevent emotional problems from occurring by addressing issues early so that disturbances do not have an opportunity to develop. ����� (4) A community mental health program shall assume responsibility for psychiatric care in state and community hospitals, as provided in subsection (3)(e) of this section, in the following circumstances: ����� (a) The person receiving care is a resident of the county served by the program. For purposes of this paragraph, �resident� means the resident of a county in which the person maintains a current mailing address or, if the person does not maintain a current mailing address within the state, the county in which the person is found, or the county in which a court-committed person with a mental illness has been conditionally released. ����� (b) The person has been hospitalized involuntarily or voluntarily, pursuant to ORS 426.130 or 426.220, or has been hospitalized as the result of a revocation of conditional release. ����� (c) Payment is made for the first 60 consecutive days of hospitalization. ����� (d) The hospital has collected all available patient payments and third-party reimbursements. ����� (e) In the case of a community hospital, the authority has approved the hospital for the care of persons with mental or emotional disturbances, the community mental health program has a contract with the hospital for the psychiatric care of residents and a representative of the program approves voluntary or involuntary admissions to the hospital prior to admission. ����� (5) Subject to the review and approval of the Oregon Health Authority, a community mental health program may initiate additional services after the services defined in this section are provided. ����� (6) Each community mental health program and the state hospital serving the program�s geographic area shall enter into a written agreement concerning the policies and procedures to be followed by the program and the hospital when a patient is admitted to, and discharged from, the hospital and during the period of hospitalization. ����� (7) Each community mental health program shall have a mental health advisory committee, appointed by the board of county commissioners or the county court or, if two or more counties have combined to provide mental health services, the boards or courts of the participating counties or, in the case of a Native American reservation, the tribal council. ����� (8) A community mental health program may request and the authority may grant a waiver regarding provision of one or more of the services described in subsection (3) of this section upon a showing by the county and a determination by the authority that persons with mental or emotional disturbances in that county would be better served and unnecessary institutionalization avoided. ����� (9)(a) As used in this subsection, �local mental health authority� means one of the following entities: ����� (A) The board of county commissioners of one or more counties that establishes or operates a community mental health program; ����� (B) The tribal council, in the case of a federally recognized tribe of Native Americans that elects to enter into an agreement to provide mental health services; or ����� (C) A regional local mental health authority comprising two or more boards of county commissioners. ����� (b) Each local mental health authority that provides mental health services shall determine the need for local mental health services and adopt a comprehensive local plan for the delivery of mental health services for children, families, adults and older adults that describes the methods by which the local mental health authority shall provide those services. The purpose of the local plan is to create a blueprint to provide mental health services that are directed by and responsive to the mental health needs of individuals in the community served by the local plan. A local mental health authority shall coordinate its local planning with the development of the community health improvement plan under ORS 414.575 by the coordinated care organization serving the area. The Oregon Health Authority may require a local mental health authority to review and revise the local plan periodically. ����� (c) The local plan shall identify ways to: ����� (A) Coordinate and ensure accountability for all levels of care described in paragraph (e) of this subsection; ����� (B) Maximize resources for consumers and minimize administrative expenses; ����� (C) Provide supported employment and other vocational opportunities for consumers; ����� (D) Determine the most appropriate service provider among a range of qualified providers; ����� (E) Ensure that appropriate mental health referrals are made; ����� (F) Address local housing needs for persons with mental health disorders; ����� (G) Develop a process for discharge from state and local psychiatric hospitals and transition planning between levels of care or components of the system of care; ����� (H) Provide peer support services, including but not limited to drop-in centers and paid peer support; ����� (I) Provide transportation supports; and ����� (J) Coordinate services among the criminal and juvenile justice systems, adult and juvenile corrections systems and local mental health programs to ensure that persons with mental illness who come into contact with the justice and corrections systems receive needed care and to ensure continuity of services for adults and juveniles leaving the corrections system. ����� (d) When developing a local plan, a local mental health authority shall: ����� (A) Coordinate with the budgetary cycles of state and local governments that provide the local mental health authority with funding for mental health services; ����� (B) Involve consumers, advocates, families, service providers, schools and other interested parties in the planning process; ����� (C) Coordinate with the local public safety coordinating council to address the services described in paragraph (c)(J) of this subsection; ����� (D) Conduct a population based needs assessment to determine the types of services needed locally; ����� (E) Determine the ethnic, age-specific, cultural and diversity needs of the population served by the local plan; ����� (F) Describe the anticipated outcomes of services and the actions to be achieved in the local plan; ����� (G) Ensure that the local plan coordinates planning, funding and services with: ����� (i) The educational needs of children, adults and older adults; ����� (ii) Providers of social supports, including but not limited to housing, employment, transportation and education; and ����� (iii) Providers of physical health and medical services; ����� (H) Describe how funds, other than state resources, may be used to support and implement the local plan; ����� (I) Demonstrate ways to integrate local services and administrative functions in order to support integrated service delivery in the local plan; and ����� (J) Involve the local mental health advisory committees described in subsection (7) of this section. ����� (e) The local plan must describe how the local mental health authority will ensure the delivery of and be accountable for clinically appropriate services in a continuum of care based on consumer needs. The local plan shall include, but not be limited to, services providing the following levels of care: ����� (A) Twenty-four-hour crisis services; ����� (B) Secure and nonsecure extended psychiatric care; ����� (C) Secure and nonsecure acute psychiatric care; ����� (D) Twenty-four-hour supervised structured treatment; ����� (E) Psychiatric day treatment; ����� (F) Treatments that maximize client independence; ����� (G) Family and peer support and self-help services; ����� (H) Support services; ����� (I) Prevention and early intervention services; ����� (J) Transition assistance between levels of care; ����� (K) Dual diagnosis services; ����� (L) Access to placement in state-funded psychiatric hospital beds; ����� (M) Precommitment and civil commitment in accordance with ORS chapter 426; and ����� (N) Outreach to older adults at locations appropriate for making contact with older adults, including senior centers, long term care facilities and personal residences. ����� (f) In developing the part of the local plan referred to in paragraph (c)(J) of this subsection, the local mental health authority shall collaborate with the local public safety coordinating council to address the following: ����� (A) Training for all law enforcement officers on ways to recognize and interact with persons with mental illness, for the purpose of diverting them from the criminal and juvenile justice systems; ����� (B) Developing voluntary locked facilities for crisis treatment and follow-up as an alternative to custodial arrests; ����� (C) Developing a plan for sharing a daily jail and juvenile detention center custody roster and the identity of persons of concern and offering mental health services to those in custody; ����� (D) Developing a voluntary diversion program to provide an alternative for persons with mental illness in the criminal and juvenile justice systems; and ����� (E) Developing mental health services, including housing, for persons with mental illness prior to and upon release from custody. ����� (g) Services described in the local plan shall: ����� (A) Address the vision, values and guiding principles described in the Report to the Governor from the Mental Health Alignment Workgroup, January 2001; ����� (B) Be provided to children, older adults and families as close to their homes as possible; ����� (C) Be culturally appropriate and competent; ����� (D) Be, for children, older adults and adults with mental health needs, from providers appropriate to deliver those services; ����� (E) Be delivered in an integrated service delivery system with integrated service sites or processes, and with the use of integrated service teams; ����� (F) Ensure consumer choice among a range of qualified providers in the community; ����� (G) Be distributed geographically; ����� (H) Involve consumers, families, clinicians, children and schools in treatment as appropriate; ����� (I) Maximize early identification and early intervention; ����� (J) Ensure appropriate transition planning between providers and service delivery systems, with an emphasis on transition between children and adult mental health services; ����� (K) Be based on the ability of a client to pay; ����� (L) Be delivered collaboratively; ����� (M) Use age-appropriate, research-based quality indicators; ����� (N) Use best-practice innovations; and ����� (O) Be delivered using a community-based, multisystem approach. ����� (h) A local mental health authority shall submit to the Oregon Health Authority a copy of the local plan and revisions adopted under paragraph (b) of this subsection at time intervals established by the Oregon Health Authority. [1961 c.706 �40; 1973 c.639 �3; 1981 c.750 �3; 1985 c.740 �17; 1987 c.903 �37; 1991 c.777 �2; 1995 c.79 �219; 2001 c.899 �1; 2003 c.553 �5; 2003 c.782 �1; 2005 c.22 �297; 2005 c.691 �2; 2007 c.70 �230; 2009 c.595 �508; 2009 c.856 ��14,23; 2011 c.720 ��171,172; 2012 c.37 �101; 2013 c.640 ��3,4; 2023 c.248 �12; 2025 c.175 �4] ����� 430.631 Local advisory committees. (1) As used in this section, �person with a disability� means any person who: ����� (a) Has a physical or mental impairment that substantially limits one or more major life activities; ����� (b) Has a record of such an impairment; or ����� (c) Is regarded as having such an impairment. ����� (2) If any local mental health program has an advisory committee, persons with disabilities and older adults shall be appointed to serve on the advisory committee. ����� (3) The persons with disabilities serving on an advisory committee described in subsection (2) of this section shall meet separately as a disability issues advisory committee. [Formerly 430.625; 2025 c.405 �16] ����� Note: 430.631 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. ����� 430.632 Report on implementation of comprehensive local plan for delivery of mental health services. The Oregon Health Authority may require a local mental health authority to periodically report to the Oregon Health Authority on the implementation of the comprehensive local plan adopted under ORS 430.630 (9). [2001 c.899 �5; 2009 c.595 �509; 2009 c.856 �24; 2011 c.720 ��175,176; 2013 c.640 �5] ����� Note: 430.632 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. ����� 430.634 Evaluation of programs; population schedule for distributing funds. (1) In order to improve services to persons with mental or emotional disturbances and provide information for uniform analysis, each community mental health program shall collect and report data and evaluate programs in accordance with methods prescribed by the Oregon Health Authority after consultation with the program directors. ����� (2) Information collected by the authority under subsection (1) of this section shall include, but need not be limited to: ����� (a) Numbers of persons served; ����� (b) Ages of persons served; ����� (c) Types of services provided; and ����� (d) Cost of services. ����� (3) Within the limits of available funds allocated for the administration of community mental health programs, community mental health programs shall collect data and evaluate programs with moneys provided by the authority. The authority shall distribute funds so that programs within the same population grouping shall receive equal amounts of funds. The population groupings are: ����� (a) More than 400,000 population. ����� (b) Less than 400,000 but more than 100,000. ����� (c) Less than 100,000 but more than 50,000. ����� (d) Less than 50,000. ����� (4) During the first biennium that a new service is funded by the authority, two percent of the service funds shall be set aside for use in data collection and evaluation of the service. Thereafter, the service shall be evaluated as a part of the total community mental health program. [Formerly 430.665] ����� 430.635 [1991 c.777 �1; 2009 c.595 �510; renumbered 430.708 in 2011] ����� 430.637 Criteria for certificate of approval issued to mental health or substance use disorder treatment provider; advisory committee; reporting requirements; rules. (1) As used in this section: ����� (a) �Assessment� means an on-site quality assessment of an organizational provider that is conducted: ����� (A) If the provider has not been accredited by a national organization meeting the quality standards of the Oregon Health Authority; ����� (B) By the Oregon Health Authority, another state agency or a contractor on behalf of the authority or another state agency; and ����� (C) For the purpose of issuing a certificate of approval. ����� (b) �Organizational provider� means an organization that provides mental health treatment or chemical dependency treatment and is not a coordinated care organization. ����� (2) The Oregon Health Authority shall convene a committee, in accordance with ORS 183.333, to advise the authority with respect to the adoption, by rule, of criteria for an assessment. The advisory committee shall advise the authority during the development of the criteria. The advisory committee shall be reconvened as needed to advise the authority with respect to updating the criteria to conform to changes in national accreditation standards or federal requirements for health plans and to advise the authority on opportunities to improve the assessment process. The advisory committee shall include, but is not limited to: ����� (a) A representative of each coordinated care organization certified by the authority; ����� (b) Representatives of organizational providers; ����� (c) Representatives of insurers and health care service contractors that have been accredited by the National Committee for Quality Assurance; and ����� (d) Representatives of insurers that offer Medicare Advantage Plans that have been accredited by the National Committee for Quality Assurance. ����� (3) The advisory committee described in subsection (2) of this section shall recommend: ����� (a) Objective criteria for a shared assessment tool that complies with national accreditation standards and federal requirements for health plans; ����� (b) Procedures for conducting an assessment; ����� (c) Procedures to eliminate redundant reporting requirements for organizational providers; and ����� (d) A process for addressing concerns that arise between assessments regarding compliance with quality standards. ����� (4) If another state agency, or a contractor on behalf of the state agency, conducts an assessment that meets the criteria adopted by the authority under subsection (2) of this section, the authority may rely on the assessment as evidence that the organizational provider meets the assessment requirement for receiving a certificate of approval. ����� (5) The authority shall provide a report of an assessment to the organizational provider that was assessed and, upon request, to a coordinated care organization, insurer or health care service contractor. ����� (6) If an organizational provider has not been accredited by a national organization that is acceptable to a coordinated care organization, the coordinated care organization shall rely on the assessment conducted in accordance with the criteria adopted under subsection (2) of this section as evidence that the organizational provider meets the assessment requirement. ����� (7) This section does not: ����� (a) Prevent a coordinated care organization from requiring its own on-site quality assessment if the authority, another state agency or a contractor on behalf of the authority or another state agency has not conducted an assessment in the preceding 36-month period; or ����� (b) Require a coordinated care organization to contract with an organizational provider. ����� (8)(a) The authority shall adopt by rule standards for determining whether information requested by a coordinated care organization from an organizational provider is redundant with respect to the reporting requirements for an assessment or if the information is outside of the scope of the assessment criteria. ����� (b) A coordinated care organization may request additional information from an organizational provider, in addition to the report of the assessment, if the request: ����� (A) Is not redundant and is within the scope of the assessment according to standards adopted by the authority as described in this subsection; and ����� (B) Is necessary to resolve questions about whether an organizational provider meets the coordinated care organization�s policies and procedures for credentialing. ����� (c) The authority shall implement a process for resolving a complaint by an organizational provider that a reporting requirement imposed by a coordinated care organization is redundant or outside of the scope of the assessment criteria. ����� (9)(a) The authority shall establish and maintain a database containing the documents required by coordinated care organizations for the purpose of credentialing an organizational provider. ����� (b) With the advice of the committee described in subsection (2) of this section, the authority shall adopt by rule the content and operational function of the database including, at a minimum: ����� (A) The types of organizational providers for which information is stored in the database; ����� (B) The types and contents of documents that are stored in the database; ����� (C) The frequency by which the documents the authority shall obtain updated documents; ����� (D) The means by which the authority will obtain the documents; and ����� (E) The means by which coordinated care organizations can access the documents in the database. ����� (c) The authority shall provide training to coordinated care organization staff who are responsible for processing credentialing requests on the use of the database. [2013 c.362 �1; 2015 c.152 �1] ����� Note: 430.637 and 430.638 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. ����� 430.638 Immunity from civil liability for reliance on certificate of approval. A coordinated care organization, insurer or health care service contractor that relies in good faith on an assessment conducted according to the criteria adopted under ORS 430.637 shall be immune from civil liability that might otherwise be incurred or imposed. [2013 c.362 �2] ����� Note: See note under 430.637. ����� 430.640 Duties of Oregon Health Authority in assisting and supervising community mental health programs; rules. (1) The Oregon Health Authority, in carrying out the legislative policy declared in ORS 430.610, subject to the availability of funds, shall: ����� (a) Assist Oregon counties and groups of Oregon counties in the establishment and financing of community mental health programs operated or contracted for by one or more counties. ����� (b) If a county declines to operate or contract for a community mental health program, contract with another public agency or private corporation to provide the program. The county must be provided with an opportunity to review and comment. ����� (c) In an emergency situation when no community mental health program is operating within a county or when a county is unable to provide a service essential to public health and safety, operate the program or service on a temporary basis. ����� (d) At the request of the tribal council of a federally recognized tribe of Native Americans, contract with the tribal council for the establishment and operation of a community mental health program in the same manner in which the authority contracts with a county court or board of county commissioners. ����� (e) If a county agrees, contract with a public agency or private corporation for all services within one or more of the following program areas: ����� (A) Mental or emotional disturbances. ����� (B) Drug abuse. ����� (C) Alcohol abuse and alcoholism. ����� (f) Approve or disapprove the local plan and budget information for the establishment and operation of each community mental health program. Subsequent amendments to or modifications of an approved plan or budget information involving more than 10 percent of the state funds provided for services under ORS 430.630 may not be placed in effect without prior approval of the authority. However, an amendment or modification affecting 10 percent or less of state funds for services under ORS 430.630 within the portion of the program for persons with mental or emotional disturbances or within the portion for persons with alcohol or drug dependence may be made without authority approval. ����� (g) Make all necessary and proper rules to govern the establishment and operation of community mental health programs, including adopting rules defining the range and nature of the services which shall or may be provided under ORS 430.630. ����� (h) Collect data and evaluate services in the state hospitals in accordance with the same methods prescribed for community mental health programs under ORS 430.634. ����� (i) Develop guidelines that include, for the development of comprehensive local plans in consultation with local mental health authorities: ����� (A) The use of integrated services; ����� (B) The outcomes expected from services and programs provided; ����� (C) Incentives to reduce the use of state hospitals; ����� (D) Mechanisms for local sharing of risk for state hospitalization; ����� (E) The provision of clinically appropriate levels of care based on an assessment of the mental health needs of consumers; ����� (F) The transition of consumers between levels of care; and ����� (G) The development, maintenance and continuation of older adult mental health programs with mental health professionals trained in geriatrics. ����� (j) Work with local mental health authorities to provide incentives for community-based care whenever appropriate while simultaneously ensuring adequate statewide capacity. ����� (k) Provide technical assistance and information regarding state and federal requirements to local mental health authorities throughout the local planning process required under ORS 430.630 (9). ����� (L) Provide incentives for local mental health authorities to enhance or increase vocational placements for adults with mental health needs. ����� (m) Develop or adopt nationally recognized system-level performance measures, linked to the Oregon Benchmarks, for state-level monitoring and reporting of mental health services for children, adults and older adults, including but not limited to quality and appropriateness of services, outcomes from services, structure and management of local plans, prevention of mental health disorders and integration of mental health services with other needed supports. ����� (n) Develop standardized criteria for each level of care described in ORS 430.630 (9), including protocols for implementation of local plans, strength-based mental health assessment and case planning. ����� (o) Develop a comprehensive long-term plan for providing appropriate and adequate mental health treatment and services to children, adults and older adults that is derived from the needs identified in local plans, is consistent with the vision, values and guiding principles in the Report to the Governor from the Mental Health Alignment Workgroup, January 2001, and addresses the need for and the role of state hospitals. ����� (p) Report biennially to the Governor and the Legislative Assembly on the progress of the local planning process and the implementation of the local plans adopted under ORS 430.630 (9)(b) and the state planning process described in paragraph (o) of this subsection, and on the performance measures and performance data available under paragraph (m) of this subsection. ����� (q) On a periodic basis, not to exceed 10 years, reevaluate the methodology used to estimate prevalence and demand for mental health services using the most current nationally recognized models and data. ����� (r) Encourage the development of regional local mental health authorities comprised of two or more boards of county commissioners that establish or operate a community mental health program. ����� (2) The Oregon Health Authority may provide technical assistance and other incentives to assist in the planning, development and implementation of regional local mental health authorities whenever the Oregon Health Authority determines that a regional approach will optimize the comprehensive local plan described under ORS 430.630 (9). ����� (3) The enumeration of duties and functions in subsections (1) and (2) of this section shall not be deemed exclusive nor construed as a limitation on the powers and authority vested in the authority by other provisions of law. [1961 c.706 �38; 1973 c.639 �4; 1981 c.750 �7; 2001 c.325 �1; 2001 c.694 �1; 2001 c.899 �2; 2005 c.691 �3; 2007 c.70 �231; 2009 c.595 �511; 2009 c.828 �22; 2009 c.856 �25; 2011 c.720 ��177,178; 2013 c.640 �6] ����� 430.641 Behavioral Health Housing Incentive Fund. (1) The Behavioral Health Housing Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. The Behavioral Health Housing Incentive Fund consists of moneys deposited or transferred to the fund by the Legislative Assembly and moneys appropriated to the fund by the Legislative Assembly. Interest earned on the fund shall be credited to the fund. ����� (2) Moneys in the Behavioral Health Housing Incentive Fund are continuously appropriated to the Oregon Health Authority to carry out the provisions of ORS 430.643. [2021 c.521 �1] ����� Note: 430.641 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. ����� 430.642 [1995 c.270 �2; repealed by 2001 c.900 �261] ����� 430.643 Disbursement of moneys in fund. (1) The Oregon Health Authority shall disburse moneys in the Behavioral Health Housing Incentive Fund established in ORS 430.641 to provide funding for: ����� (a) The development of community-based housing, including licensed residential treatment facilities, for individuals with mental illness and individuals with substance use disorders; and ����� (b) Crisis intervention services, rental subsidies and other housing-related services to help keep individuals with mental illness and individuals with substance use disorders safe and healthy in their communities. ����� (2) The authority shall provide funding for: ����� (a) A portion of the costs to purchase land and to construct housing described in subsection (1)(a) of this section; and ����� (b) Up to 50 percent of the start-up costs for providing housing described in subsection (1)(a) of this section, including but not limited to fixtures, furnishings and training of staff. ����� (3)(a) The authority shall prescribe the financing mechanisms to be used to provide funding under subsection (2)(a) of this section of up to 35 percent of the total project development costs. ����� (b) The authority may waive the 35 percent limit on total project development costs under paragraph (a) of this subsection for a low-cost project or to meet a critical need in a rural area. ����� (4) The authority shall convene an advisory group to make recommendations to the authority for: ����� (a) The allocation of moneys between different types of housing; ����� (b) The financing of housing described in subsection (1)(a) of this section; ����� (c) The provision of services described in subsection (1)(b) of this section; ����� (d) Soliciting funding proposals; and ����� (e) Processing applications for funding. ����� (5) The advisory group convened under subsection (4) of this section must include: ����� (a) One representative of a private provider of mental health treatment; ����� (b) One representative of a private provider of substance abuse treatment; ����� (c) Two representatives of groups that advocate on behalf of consumers of mental health or substance abuse treatment; ����� (d) One staff person from the Housing and Community Services Department; ����� (e) One staff person from the division of the authority that regulates mental health and substance abuse treatment programs; ����� (f) Two consumers of mental health or substance abuse treatment; ����� (g) One representative of a community mental health program; ����� (h) One person with expertise in developing and financing community housing projects in rural communities; and ����� (i) One representative of community corrections. [Formerly 458.385] ����� Note: 430.643 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. ����� 430.644 Priorities for services provided by community mental health programs. Within the limits of available funds, community mental health programs shall provide those services as defined in ORS 430.630 (3)(a) to (h) to persons in the following order of priority: ����� (1) Those persons who, in accordance with the assessment of professionals in the field of mental health, are at immediate risk of hospitalization for the treatment of mental or emotional disturbances or are in need of continuing services to avoid hospitalization or pose a hazard to the health and safety of themselves, including the potential for suicide, or others and those persons under 18 years of age who, in accordance with the assessment of professionals in the field of mental health, are at immediate risk of removal from their homes for treatment of mental or emotional disturbances or exhibit behavior indicating high risk of developing disturbances of a severe or persistent nature; ����� (2) Those persons who, because of the nature of their mental illness, their geographic location or their family income, are least capable of obtaining assistance from the private sector; and ����� (3) Those persons who, in accordance with the assessment of professionals in the field of mental health, are experiencing mental or emotional disturbances but will not require hospitalization in the foreseeable future. [Formerly 430.675] ����� 430.646 Priorities for services for persons with mental or emotional disturbances. In allocating funds for community mental health programs affecting persons with mental or emotional disturbances, the Oregon Health Authority shall observe the following priorities: ����� (1) To ensure the establishment and operation of community mental health programs for persons with mental or emotional disturbances in every geographic area of the state to provide some services in each category of services described in ORS 430.630 (3) unless a waiver has been granted; ����� (2) To ensure survival of services that address the needs of persons within the priority of services under ORS 430.644 and that meet authority standards; ����� (3) To develop the interest and capacity of community mental health programs to provide new or expanded services to meet the needs for services under ORS 430.644 and to promote the equal availability of such services throughout the state; and ����� (4) To encourage and assist in the development of model projects to test new services and innovative methods of service delivery. [Formerly 430.685] ����� 430.648 Funding distribution formula; matching funds; administrative expenses. (1) Within the limits of state funds, community mental health program services shall be funded as follows: ����� (a) Services defined in ORS 430.630 (1) and (2) shall be funded up to 100 percent with state funds. ����� (b) State funds available for payments to community mental health programs for services under ORS 430.630 (3) shall be paid by the Oregon Health Authority to the programs under the priorities set forth in ORS 430.646. ����� (2) If a group of counties acts jointly to operate a community mental health program or community developmental disabilities program, state funds shall be allocated, and the counties� contributions shall be prorated, in accordance with the agreement establishing the program. ����� (3) The counties or other entities operating community mental health programs or community developmental disabilities programs shall not be required to match funds granted under subsections (1) and (2) of this section. However, the Department of Human Services or the Oregon Health Authority may require matching funds if they are required as a condition of receipt of federal funds and the county or entity agrees to match funds. ����� (4) A reasonable portion of state funds granted under subsection (1)(b) of this section may be expended by community mental health programs and their subcontractors for expenses incurred in administering services. [Formerly 430.690] ����� 430.650 [1961 c.706 �41; 1963 c.490 �3; 1965 c.179 �1; 1967 c.70 �1; 1973 c.639 �5; 1974 c.56 �1; repealed by 1981 c.750 �17] ����� 430.651 Use of population data in funding formula. (1) If the Oregon Health Authority uses a formula for allocating to counties moneys, and if the formula includes population as a factor in determining the amount of each allocation, the authority shall calculate the formula annually using the most current population data that is available. ����� (2) The authority shall use as the source of the population data required by subsection (1) of this section the primary population research center that is part of Portland State University. [Formerly 430.693; 2013 c.768 �143] ����� Note: 430.651 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. ����� 430.653 Community mental health program funding study; reports. (1) The Oregon Health Authority, in consultation with counties and community mental health programs, shall conduct a study to determine the funding required for each community mental health program to provide the services and perform the functions required by law related to individuals with behavioral health disorders in the following age groups: ����� (a) Newborns through youth 17 years of age; ����� (b) Ages 18 through 25; and ����� (c) Ages 26 and older. ����� (2) The study must include, but is not limited to, the costs of providing the services and performing the functions described in: ����� (a) ORS 161.315 to 161.351, 161.355 to 161.371, 161.385 to 161.395 and 161.505 to 161.585. ����� (b) ORS 426.005 to 426.390, 426.510 to 426.680, 426.701 and 426.702. ����� (c) ORS 430.021, 430.210, 430.230, 430.231, 430.233, 430.265 to 430.380, 430.397 to 430.401, 430.405 to 430.565 and 430.610 to 430.880 except ORS 430.630. ����� (d) ORS 430.627, 430.628, 430.629 and 430.630. ����� (3) The authority shall compile reports of the authority�s findings about the costs of providing the services and performing the functions described in subsection (2) of this section every five years and make the reports available on the authority�s website. [2024 c.80 �1; 2024 c.80 �3; 2025 c.557 ��48,49] ����� Note: The amendments to 430.653 by section 49, chapter 557, Oregon Laws 2025, become operative July 1, 2026, and apply to grants that the Oregon Criminal Justice Commission first advertises or otherwise solicits on or after July 1, 2026. See sections 50 and 51, chapter 557, Oregon Laws 2025. The text that is operative until July 1, 2026, including amendments by section 3, chapter 80, Oregon Laws 2024, is set forth for the user�s convenience. ����� 430.653. (1) The Oregon Health Authority, in consultation with counties and community mental health programs, shall conduct a study to determine the funding required for each community mental health program to provide the services and perform the functions required by law related to individuals with behavioral health disorders in the following age groups: ����� (a) Newborns through youth 17 years of age; ����� (b) Ages 18 through 25; and ����� (c) Ages 26 and older. ����� (2) The study must include, but is not limited to, the costs of providing the services and performing the functions described in: ����� (a) ORS 161.315 to 161.351, 161.355 to 161.371, 161.385 to 161.395 and 161.505 to 161.585. ����� (b) ORS 426.005 to 426.390, 426.510 to 426.680, 426.701 and 426.702. ����� (c) ORS 430.021, 430.210, 430.230 to 430.236, 430.265 to 430.380, 430.397 to 430.401, 430.405 to 430.565 and 430.610 to 430.880 except ORS 430.630. ����� (d) ORS 430.627, 430.628, 430.629 and 430.630. ����� (3) The authority shall compile reports of the authority�s findings about the costs of providing the services and performing the functions described in subsection (2) of this section every five years and make the reports available on the authority�s website. ����� Note: 430.653 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. ����� 430.655 [1973 c.639 �9; repealed by 1981 c.750 �17] ����� 430.660 [1961 c.706 �42; 1973 c.639 �6; renumbered 430.694 in 2011] (Developmental Disabilities Programs) ����� 430.662 Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services; rules. (1) The Department of Human Services, in carrying out the legislative policy declared in ORS 427.007 and 430.610, subject to the availability of funds, shall: ����� (a) Use case management entities, including community developmental disabilities programs and support service brokerages, to provide case management services, using appropriate planning processes and implementation procedures, to ensure that: ����� (A) Persons with intellectual or developmental disabilities have the supports necessary to reside in the setting that they choose; and ����� (B) All persons with intellectual or developmental disabilities who are eligible for developmental disability services have access to the services. ����� (b) Regulate and assist Oregon counties and groups of Oregon counties in the establishment and financing of community developmental disabilities programs operated or contracted for by one or more counties. ����� (c) Contract with support service brokerages to deliver developmental disability services in a manner that features regional consolidation, administrative efficiency, cost-effectiveness and strong consumer and family oversight. ����� (d) Contract with each community developmental disabilities program and support service brokerage to provide or arrange for the provision of the following basic services to persons with intellectual or developmental disabilities: ����� (A) Access to developmental disability services in the person�s home, work sites or other locations. ����� (B) Case management services. ����� (C) Protective services. ����� (D) Planning and coordination of activities with other agencies or organizations to ensure effective and efficient delivery of services and use of resources. ����� (E) Establishing and administering a process for filing and responding to complaints and grievances. ����� (F) Other requirements or services as prescribed by the department by rule. ����� (e) Contract with each community developmental disabilities program to provide or arrange for the provision of the following services to persons with intellectual or development disabilities: ����� (A) Eligibility determination for developmental disability services. ����� (B) Abuse investigations. ����� (f) If a county declines to operate or contract for a community developmental disabilities program, contract with another public agency or private corporation to provide the program. The county must be provided with an opportunity to review and comment. ����� (g) When no community developmental disabilities program is operating within a county, operate the program or service. ����� (h) At the request of the tribal council of a federally recognized tribe of Native Americans, contract with the tribal council for the establishment and operation of a community developmental disabilities program in the same manner in which the department contracts with a county court or board of county commissioners. ����� (i) If necessary to carry out the legislative policy declared in ORS 430.610, contract with a public agency or private corporation, in cooperation with the county, for some or all developmental disability services. ����� (j) Make all necessary and proper rules to regulate the establishment and operation of developmental disability services. ����� (2) The enumeration of duties and functions in subsection (1) of this section may not be deemed exclusive or construed as a limitation on the powers and authority vested in the department by other provisions of law. [2011 c.720 �179; 2013 c.36 �31; 2019 c.276 �6] ����� Note: 430.662 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. ����� 430.664 Requirements for developmental disabilities programs and support service brokerages. (1) Each community developmental disabilities program and support service brokerage shall have a developmental disability advisory committee. ����� (2) A person with an intellectual or developmental disability who is served by a support service brokerage, and the person�s family members, shall have an opportunity for a formal, significant, continuing role in advising the support service brokerage regarding the design, implementation and quality assurance of the support service brokerage. [2011 c.720 �174; 2019 c.276 �7; 2023 c.128 �1] ����� Note: 430.664 was added to and made a part of 430.610 to 430.695 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. ����� 430.665 [1981 c.750 �5; 2005 c.691 �4; 2007 c.70 �232; 2009 c.595 �512; renumbered 430.634 in 2011] (Contracting for Services) ����� 430.670 Contracts to provide services; approval of department or authority; competition for subcontracts; exception. (1) A community developmental disabilities program may provide services by contracting with a public agency, private corporation or individual. All elements of service provided for in the contract shall be considered as a part of a community developmental disabilities program for all purposes of ORS 430.610 to 430.695. Contracts authorized by this section shall comply with rules adopted by the Department of Human Services. ����� (2) A community mental health program may provide services by contracting with a public agency, private corporation or individual. All elements of service provided for in the contract shall be considered as a part of a community mental health program for all purposes of ORS 430.610 to 430.695. Contracts authorized by this section shall comply with rules adopted by the Oregon Health Authority. ����� (3) A private corporation that contracts with a county, the Department of Human Services or the Oregon Health Authority to operate a community mental health program or community developmental disabilities program shall provide an opportunity for competition among private care providers when awarding subcontracts for provision of services described in ORS 430.630 (1) to (3) and 430.662. ����� (4) In keeping with the principles of family support expressed in ORS 417.342 and notwithstanding subsection (3) of this section or ORS 291.047 (3), an entity operating a community mental health program or community developmental disabilities program may purchase services for an individual from a service provider without first providing an opportunity for competition among other service providers if the service provider is selected by the individual, the individual�s family or the individual�s guardian, as long as the service provider has been approved by the department or the authority to provide such service. [1963 c.117 �1; 1973 c.639 �7; 1981 c.750 �14; 1999 c.524 �1; 2009 c.595 �513; 2011 c.720 �180; 2023 c.128 �2] ����� 430.672 Contract requirements for community mental health or developmental disabilities programs. (1) A county may impose only standards, requirements and conditions for mental health or developmental disabilities programs that are substantially similar to the standards, requirements and conditions established for such programs by the Department of Human Services or the Oregon Health Authority. ����� (2) When a county contracts with a public agency or private corporation for a community mental health program or community developmental disabilities program, the county shall include in the contract only terms that are substantially similar to model contract terms developed by the authority under ORS 430.640 or the department under ORS 430.662. The county may not add contractual requirements, including qualifications for contractor selection, that are nonessential to the services provided under ORS 430.630 or 430.662. The county may add contract requirements that the county considers necessary to ensure the siting and maintenance of facilities of the community mental health program or community developmental disabilities program. ����� (3) Subsections (1) and (2) of this section apply only insofar as funds are provided by the department to the county for community developmental disabilities programs or by the authority to the county for community mental health programs and do not apply to programs operated by counties without funding from the department or the authority. [1999 c.524 �3; 2001 c.899 �4; 2009 c.595 �514; 2009 c.828 �25; 2011 c.720 �181; 2013 c.36 �32; 2021 c.192 �4] ����� 430.673 Mediation; retaliation prohibited; action for damages; attorney fees; rules. (1) When a dispute exists between a county and a community developmental disabilities program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Department of Human Services relating to department programs under this chapter, either party may request mediation under rules adopted by the department. ����� (2) When a dispute exists between a county and a community mental health program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Oregon Health Authority relating to authority programs under this chapter, either party may request mediation under rules adopted by the authority. ����� (3) A county may not retaliate against a community mental health program or community developmental disabilities program solely because the program: ����� (a) Requested mediation under subsection (1) or (2) of this section; ����� (b) Requested dispute resolution or filed an appeal under rules adopted by the department or the authority; or ����� (c) Initiated a contested case proceeding otherwise available under ORS chapter 183 with respect to a dispute described in subsection (1) or (2) of this section. ����� (4) For purposes of this section, �retaliate� means an adverse action taken by a county against a community mental health program or a community developmental disabilities program to: ����� (a) Materially alter or terminate the contract between the county and the community mental health program or community developmental disabilities program; or ����� (b) Fail to renew the contract between the county and the community mental health program or community developmental disabilities program. ����� (5) Notwithstanding any other remedy provided by law, a community mental health program or community developmental disabilities program against which a county has retaliated in violation of subsection (3) of this section may bring an action against the county for actual damages or $1,000, whichever is greater. The court shall award reasonable attorney fees to the prevailing party in an action under this subsection. An action described in this section shall be considered a tort claim under ORS 30.260 to 30.300. Except as provided in this section, the provisions of ORS 30.260 to 30.300 apply to an action described in this section. ����� (6) In accordance with any applicable provision of ORS chapter 183, the department or the authority may adopt rules to carry out the provisions of this section. [1999 c.524 �4; 2003 c.430 �1; 2009 c.595 �515] ����� 430.675 [1981 c.750 �6; 2005 c.691 �5; 2009 c.595 �516; renumbered 430.644 in 2011] ����� 430.685 [1981 c.750 �10; 2007 c.70 �233; 2009 c.595 �517; renumbered 430.646 in 2011] ����� 430.690 [1981 c.750 ��8,11; 2009 c.595 �518; renumbered 430.648 in 2011] ����� 430.693 [2007 c.417 �1; 2009 c.595 �519; renumbered 430.651 in 2011] (Miscellaneous) ����� 430.694 Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds. In all cases where federal granted funds are involved, the federal laws, rules and regulations applicable thereto shall govern notwithstanding any provision to the contrary in ORS 430.610 to 430.695. [Formerly 430.660] ����� 430.695 Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts. (1) Any program fees, third-party reimbursements, contributions or funds from any source, except client resources applied toward the cost of care in group homes for persons with developmental disabilities or mental illness and client resources and third-party payments for community psychiatric inpatient care, received by a community mental health program or a community developmental disabilities program are not an offset to the costs of the services and may not be applied to reduce the program�s eligibility for state funds, providing the funds are expended for mental health or developmental disabilities services approved by the Oregon Health Authority or the Department of Human Services. ����� (2) Within the limits of available funds, the authority and the department may contract for specialized, statewide and regional services including but not limited to group homes for persons with developmental disabilities or mental or emotional disturbances, day and residential treatment programs for children and adolescents with mental or emotional disturbances and community services for clients of the Psychiatric Security Review Board under ORS 161.315 to 161.351. ����� (3) Fees and third-party reimbursements, including all amounts paid pursuant to Title XIX of the Social Security Act by the Department of Human Services or the Oregon Health Authority, for mental health services or developmental disabilities services and interest earned on those fees and reimbursements shall be retained by the community mental health program or community developmental disabilities program and expended for any service that meets the standards of ORS 430.630 or 430.662. [1981 c.750 �9; 2007 c.70 �234; 2007 c.71 �118; 2009 c.595 �520; 2011 c.708 �28; 2011 c.720 �182; 2017 c.442 �27; 2021 c.192 �5] ����� 430.700 [1981 c.750 �13; repealed by 1995 c.79 �220] MENTAL HEALTH SERVICES FOR CHILDREN AND ADOLESCENTS ����� 430.705 Mental health services for children. Notwithstanding ORS 430.640, the State of Oregon, through the Oregon Health Authority, may establish the necessary facilities and provide comprehensive mental health services for children throughout the state. These services may include, but need not be limited to: ����� (1) The prevention of mental illness, emotional disturbances and drug dependency in children; and ����� (2) The treatment of children with mental illness, emotional disturbances and drug dependency. [1971 c.300 �2; 1999 c.59 �122; 2001 c.900 �140a; 2007 c.70 �235; 2009 c.595 �521] ����� 430.708 Priority for preventive services for children. The children�s mental health programs of the Oregon Health Authority shall address preventive services under ORS 430.630 (3)(L). The authority budget shall give high priority to such services. [Formerly 430.635] ����� Note: 430.708 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. ����� 430.709 Funding of regional centers for treatment of adolescents with substance use disorders; rules; criteria for areas served by centers. (1) In accordance with ORS 430.357, and consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the Oregon Health Authority may fund regional centers for the treatment of adolescents with drug and alcohol dependencies. ����� (2) The authority shall define by rule a minimum number of inpatient beds and outpatient slots necessary for effective treatment and economic operation of any regional center funded by state funds. ����� (3) The areas to be served by any treatment facility shall be determined by the following: ����� (a) Areas that demonstrate the most need; ����� (b) Areas with no treatment program or an inadequate program; and ����� (c) Areas where there is strong, organized community support for youth treatment programs. ����� (4) The area need is determined by the local planning committee for alcohol and drug prevention and treatment services under ORS 430.342 using the following information: ����� (a) Current area youth admissions to treatment programs; ����� (b) Per capita consumption of alcohol in the area; ����� (c) Percentage of area population between 10 and 18 years of age; ����� (d) Whether the area has effective, specialized outpatient and early intervention services in place; ����� (e) Whether the area suffers high unemployment and economic depression; and ����� (f) Other evidence of need. ����� (5) As used in this section, �regional center� means a community residential treatment facility including intensive residential and outpatient care for adolescents with drug and alcohol dependencies. [Formerly 430.395] ����� Note: 430.709 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. ����� 430.710 [1963 c.581 �1; repealed by 1969 c.321 �9 and 1969 c.597 �281] ����� 430.715 Hospital services; child care and residential treatment programs; other services. The Oregon Health Authority may contract for general hospital services and may provide or contract with public or private agencies or persons to provide child care and residential treatment programs to implement the objectives of ORS 430.705. The authority may also purchase or contract for specific services and supplies for treatment of individual children. [1971 c.300 �3; 1995 c.278 �53; 2009 c.595 �522] ����� 430.717 Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents; call center for identifying and tracking placement settings; rules. (1) As used in this section: ����� (a) �Children and adolescents� means individuals 20 years old and younger. ����� (b) �Coordinated care organization� has the meaning given that term in ORS 414.025. ����� (c) �Insurer� means an insurer, as defined in ORS 731.106, that has a certificate of insurance to transact health insurance in this state, other than disability insurance. ����� (d) �Intensive behavioral health treatment provider� means any provider licensed in this state to provide intensive psychiatric treatment, acute inpatient treatment or residential substance use disorder treatment of children and adolescents. ����� (2) Intensive behavioral health treatment providers, coordinated care organizations and insurers shall collect and provide data to the Oregon Health Authority, or to a third party vendor that contracts with the authority, in the manner prescribed by the authority on the demand for and capacity to provide treatment of children and adolescents presenting with high acuity behavioral health needs. Intensive behavioral health treatment providers shall submit: ����� (a) Data on bed capacity; ����� (b) Referrals received, by provider; and ����� (c) Other information prescribed by the authority. ����� (3) The authority may provide funding to intensive behavioral health treatment providers to collect and provide the data described in subsection (2) of this section. ����� (4) The authority shall use the data described in subsection (2) of this section to: ����� (a) Monitor and track the capacity of intensive behavioral health treatment providers to provide treatment of children and adolescents presenting with high acuity behavioral health needs; ����� (b) Identify gaps in data that prevent the tracking of intensive behavioral health service capacity and develop a plan for addressing the gaps that includes providing assistance to providers and modifying required data elements that must be reported; ����� (c) Develop benchmarks and performance measures for intensive behavioral health treatment capacity; and ����� (d) Conduct research and evaluation of the children�s and adolescents� continuum of care. ����� (5) The authority shall share data and coordinate processes with the Department of Human Services to populate the Children�s System Data Dashboard described in ORS 418.981. ����� (6) The authority shall adopt rules to carry out the provisions of this section, including rules establishing: ����� (a) Parameters and specifications for data collection; ����� (b) Processes for intensive behavioral health treatment providers to submit data for the establishment of a centralized, real-time provider directory, bed registry and access portal; ����� (c) Requirements for the frequency of data submissions; ����� (d) Requirements for coordinated care organizations and insurers to collect and report, for members and insureds treated by intensive behavioral health treatment providers, data not submitted by providers under this section; ����� (e) A process for monitoring and documenting the need for high acuity behavioral health services for children and adolescents; and ����� (f) The authority�s responsibilities for reporting data back to providers. ����� (7) The authority shall contract with an Oregon-based nonprofit organization with the expertise to operate a call center dedicated to tracking and providing information about available placement settings for children and adolescents needing high acuity behavioral health services. ����� (8) The call center shall also be responsible for: ����� (a) Implementing processes for service providers to submit data that can be used to assess and monitor, on a daily basis, statewide capacity to provide high acuity behavioral health services to children and adolescents; ����� (b) Recording the time from the first contact with the call center to the location of an appropriate placement; and ����� (c) Documenting the need for high acuity behavioral health services for children and adolescents. [2017 c.695 �1; 2021 c.667 �13; 2025 c.2 �22] ����� Note: 430.717 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. ����� 430.720 [1963 c.581 �2; repealed by 1969 c.321 �9 and 1969 c.597 �281] ����� 430.725 Gifts and grants. The Oregon Health Authority shall have authority to contract with private, nonprofit agencies and persons for receipt of grants-in-aid and other funds to be applied to child mental health service programs. [1971 c.300 �4; 2009 c.595 �523] ����� 430.730 [1963 c.581 �3; repealed by 1971 c.109 �1] ABUSE REPORTING FOR ADULTS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES ����� 430.731 Uniform investigation procedures; rules. (1) The Department of Human Services or a designee of the department shall conduct the investigations and make the findings required by ORS 430.735 to 430.765. ����� (2) The department shall prescribe by rule policies and procedures for the investigations of allegations of abuse of a person with a developmental disability as described in ORS 430.735 (2)(a) to ensure that the investigations are conducted in a uniform, objective and thorough manner in every county of the state including, but not limited to, policies and procedures that: ����� (a) Limit the duties of investigators solely to conducting and reporting investigations of abuse; ����� (b) Establish investigator caseloads based upon the most appropriate investigator-to-complaint ratios; ����� (c) Establish minimum qualifications for investigators that include the successful completion of training in identified competencies; and ����� (d) Establish procedures for the screening and investigation of abuse complaints and establish uniform standards for reporting the results of the investigation. ����� (3) A person employed by or under contract with the department, the designee of the department or a community developmental disabilities program to provide case management services may not serve as the lead investigator of an allegation of abuse of a person with a developmental disability. ����� (4) The department shall monitor investigations conducted by a designee of the department. [2009 c.837 �7; 2009 c.828 �82] ����� Note: 430.731 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. ����� 430.735 Definitions for ORS 430.735 to 430.765. As used in ORS 430.735 to 430.765: ����� (1) �Abuse� means one or more of the following: ����� (a) Abandonment, including desertion or willful forsaking of an adult or the withdrawal or neglect of duties and obligations owed an adult by a caregiver or other person. ����� (b) Any physical injury to an adult caused by other than accidental means, or that appears to be at variance with the explanation given of the injury. ����� (c) Willful infliction of physical pain or injury upon an adult. ����� (d) Sexual abuse. ����� (e) Neglect. ����� (f) Verbal abuse of an adult. ����� (g) Financial exploitation of an adult. ����� (h) Involuntary seclusion of an adult for the convenience of the caregiver or to discipline the adult. ����� (i) A wrongful use of a physical or chemical restraint upon an adult, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677, physician associate licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order. ����� (j) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465 or 163.467. ����� (k) Any death of an adult caused by other than accidental or natural means. ����� (L) The restraint or seclusion of an adult with a developmental disability in violation of ORS 339.288, 339.291 or 339.308. ����� (m) The infliction of corporal punishment on an adult with a developmental disability in violation of ORS 339.250 (9). ����� (2) �Adult� means a person 18 years of age or older: ����� (a) With a developmental disability who is currently receiving services from a community program or facility or who was previously determined eligible for services as an adult by a community program or facility; ����� (b) With a severe and persistent mental illness who is receiving mental health treatment from a community program; or ����� (c) Who is receiving services for a substance use disorder or a mental illness in a facility or a state hospital. ����� (3) �Adult protective services� means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts and to safeguard the adult�s person, property and funds, including petitioning for a protective order as defined in ORS 125.005. Any actions taken to protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence. ����� (4) �Caregiver� means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement. ����� (5) �Community program� includes: ����� (a) A community mental health program or a community developmental disabilities program as established in ORS 430.610 to 430.695; or ����� (b) A provider that is paid directly or indirectly by the Oregon Health Authority to provide mental health treatment in the community. ����� (6) �Facility� means a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility. ����� (7) �Financial exploitation� means: ����� (a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an adult. ����� (b) Alarming an adult by conveying a threat to wrongfully take or appropriate money or property of the adult if the adult would reasonably believe that the threat conveyed would be carried out. ����� (c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an adult. ����� (d) Failing to use the income or assets of an adult effectively for the support and maintenance of the adult. ����� (8) �Intimidation� means compelling or deterring conduct by threat. ����� (9) �Law enforcement agency� means: ����� (a) Any city or municipal police department; ����� (b) A police department established by a university under ORS 352.121 or 353.125; ����� (c) Any county sheriff�s office; ����� (d) The Oregon State Police; or ����� (e) Any district attorney. ����� (10) �Neglect� means: ����� (a) Failure to provide the care, supervision or services necessary to maintain the physical and mental health of an adult that may result in physical harm or significant emotional harm to the adult; ����� (b) Failure of a caregiver to make a reasonable effort to protect an adult from abuse; or ����� (c) Withholding of services necessary to maintain the health and well-being of an adult that leads to physical harm of the adult. ����� (11) �Public or private official� means: ����� (a) Physician licensed under ORS chapter 677, physician associate licensed under ORS 677.505 to 677.525, naturopathic physician, psychologist or chiropractor, including any intern or resident; ����� (b) Licensed practical nurse, registered nurse, nurse�s aide, home health aide or employee of an in-home health service; ����� (c) Employee of the Department of Human Services or Oregon Health Authority, local health department, community mental health program or community developmental disabilities program or private agency contracting with a public body to provide any community mental health service; ����� (d) Peace officer; ����� (e) Member of the clergy; ����� (f) Regulated social worker; ����� (g) Physical, speech or occupational therapist; ����� (h) Information and referral, outreach or crisis worker; ����� (i) Attorney; ����� (j) Licensed professional counselor or licensed marriage and family therapist; ����� (k) Any public official; ����� (L) Firefighter or emergency medical services provider; ����� (m) Elected official of a branch of government of this state or a state agency, board, commission or department of a branch of government of this state or of a city, county or other political subdivision in this state; ����� (n) Personal support worker, as defined in ORS 410.600; ����� (o) Home care worker, as defined in ORS 410.600; or ����� (p) Individual paid by the Department of Human Services to provide a service identified in an individualized service plan of an adult with a developmental disability. ����� (12) �Services� includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an adult. ����� (13)(a) �Sexual abuse� means: ����� (A) Sexual contact with a nonconsenting adult or with an adult considered incapable of consenting to a sexual act under ORS 163.315; ����� (B) Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit material or language; ����� (C) Any sexual contact between an employee of a facility or paid caregiver and an adult served by the facility or caregiver; ����� (D) Any sexual contact between an adult and a relative of the adult other than a spouse; ����� (E) Any sexual contact that is achieved through force, trickery, threat or coercion; or ����� (F) Any sexual contact between an individual receiving mental health or substance abuse treatment and the individual providing the mental health or substance abuse treatment. ����� (b) �Sexual abuse� does not mean consensual sexual contact between an adult and a paid caregiver who is the spouse of the adult. ����� (14) �Sexual contact� has the meaning given that term in ORS 163.305. ����� (15) �Verbal abuse� means to threaten significant physical or emotional harm to an adult through the use of: ����� (a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or ����� (b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. [1991 c.744 �2; 1999 c.463 �7; 2003 c.443 �4; 2007 c.21 �2; 2007 c.70 �236; 2007 c.492 �2; 2009 c.442 �39; 2009 c.595 �524; 2009 c.837 �15; 2011 c.506 �41; 2011 c.703 �35; 2013 c.129 �27; 2013 c.180 �45; 2014 c.45 �48; 2015 c.179 �3; 2015 c.736 �69; 2017 c.17 �38; 2017 c.356 �58; 2018 c.75 �22; 2018 c.77 �2; 2019 c.455 ��5,6; 2021 c.97 �49; 2021 c.251 �3; 2023 c.169 �1; 2024 c.73 �73] ����� Note: 430.735 to 430.765 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. ����� 430.737 Mandatory reports and investigations. The Legislative Assembly finds that for the purpose of preventing abuse and safeguarding and enhancing the welfare of adults with mental illness or developmental disabilities, it is necessary and in the public interest to require mandatory reports and thorough and unbiased investigations of adults with mental illness or developmental disabilities who are allegedly abused. [1991 c.744 �1; 2003 c.443 �1; 2007 c.70 �237] ����� Note: See note under 430.735. ����� 430.738 Privileges not applicable to abuse proceedings. (1) In the case of abuse of an adult, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal privilege, shall not be a ground for excluding evidence regarding an adult�s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 430.735 to 430.765. ����� (2) In any judicial proceedings resulting from a report made pursuant to ORS 430.735 to 430.765, either spouse shall be a competent and compellable witness against the other. ����� (3) As used in this section, �abuse� and �adult� have the meanings given those terms in ORS 430.735. [2021 c.323 �2] ����� Note: 430.738 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. ����� 430.739 County multidisciplinary teams; protocols; reports. (1) The district attorney in each county shall be responsible for developing county multidisciplinary teams to consist of but not be limited to personnel from the community mental health program, the community developmental disabilities program, the Department of Human Services or a designee of the department, the Oregon Health Authority or a designee of the authority, the local area agency on aging, the district attorney�s office, law enforcement and an agency that advocates on behalf of individuals with disabilities, as well as others specially trained in the abuse of adults. A district attorney may delegate the responsibility to develop a county multidisciplinary team under this subsection to a designee or administrator who is or will be a member of the team pursuant to a written agreement. ����� (2) The teams shall develop a written protocol for immediate investigation of and notification procedures for cases of abuse of adults and for interviewing the victims. Each team also shall develop written agreements signed by member agencies that are represented on the team that specify: ����� (a) The role of each member agency; ����� (b) Procedures to be followed to assess risks to the adult; ����� (c) Guidelines for timely communication between member agencies; and ����� (d) Guidelines for completion of responsibilities by member agencies. ����� (3) Each team member shall have access to training in risk assessment, dynamics of abuse of adults and legally sound interview and investigatory techniques. ����� (4) All investigations of abuse of adults by the department or its designee or the authority or its designee and by law enforcement shall be carried out in a manner consistent with the protocols and procedures called for in this section. ����� (5) All information obtained by the team members in the exercise of their duties is confidential. ����� (6) Each team shall develop and implement procedures for evaluating and reporting compliance of member agencies with the protocols and procedures required under this section. ����� (7) Each team shall report to the Department of Justice and the Oregon Criminal Justice Commission, no later than July 1 of each year, the number of: ����� (a) Substantiated allegations of abuse of adults in the county for the preceding calendar year. ����� (b) Substantiated allegations of abuse referred to law enforcement because there was reasonable cause found that a crime had been committed. ����� (c) Allegations of abuse that were not investigated by law enforcement. ����� (d) Allegations of abuse that led to criminal charges. ����� (e) Allegations of abuse that led to prosecution. ����� (f) Allegations of abuse that led to conviction. [2009 c.837 �8; 2009 c.828 �83; 2013 c.352 �10] ����� Note: 430.739 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. ����� 430.740 [1963 c.581 �4; repealed by 1969 c.321 �9] ����� 430.743 Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services. (1) When a report is required under ORS 430.765, an oral report shall be made immediately by telephone or otherwise to the Department of Human Services, the designee of the department or a law enforcement agency within the county where the person making the report is at the time of contact. If known, the report shall include: ����� (a) The name, age and present location of the allegedly abused adult; ����� (b) The names and addresses of persons responsible for the adult�s care; ����� (c) The nature and extent of the alleged abuse, including any evidence of previous abuse; ����� (d) Any information that led the person making the report to suspect that abuse has occurred plus any other information that the person believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator; and ����� (e) The date of the incident. ����� (2) When a report is received by the department�s designee under this section, the designee shall immediately determine whether abuse occurred and if the reported victim has sustained any serious injury. If so, the designee shall immediately notify the department. If there is reason to believe a crime has been committed, the designee shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. If the designee is unable to gain access to the allegedly abused adult, the designee may contact the law enforcement agency for assistance and the agency shall provide assistance. When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not. The receiving agency shall also immediately notify the department in cases of serious injury or death. ����� (3) Upon receipt of a report of abuse under this section, the department or its designee shall notify: ����� (a) The agency providing primary case management services to the adult; and ����� (b) The guardian or case manager of the adult, unless the notification would undermine the integrity of the investigation because the guardian or case manager is suspected of committing abuse. [1991 c.744 �4; 2001 c.900 �141; 2009 c.837 �16; 2021 c.97 �50] ����� Note: See note under 430.735. ����� 430.745 Investigation of abuse; notice to medical examiners; findings; recommendations. (1) Upon receipt of any report of alleged abuse of an adult, or upon receipt of a report of a death of an adult that may have been caused by other than accidental or natural means, the Department of Human Services or its designee shall investigate promptly to determine if abuse occurred or whether a death was caused by abuse. If the department or its designee determines that a law enforcement agency is conducting an investigation of the same incident, the department or its designee need not conduct its own investigation. ����� (2) The department or its designee may enter a facility and inspect and copy records of a facility or community program if necessary for the completion of the investigation. ����� (3) In cases in which the department, its designee or the law enforcement agency conducting the investigation finds reasonable cause to believe that an adult has died as a result of abuse, it shall report that information to the appropriate medical examiner. The medical examiner shall complete an investigation as required under ORS chapter 146 and report the findings to the department, its designee or the law enforcement agency. ����� (4) Upon completion of an investigation conducted by a law enforcement agency, that agency shall provide the department or its designee with a report of its findings and supporting evidence. ����� (5) If the department or its designee determines that there is reasonable cause to believe that abuse occurred at a facility or that abuse was caused or aided by a person licensed by a licensing agency to provide care or services, the department or its designee shall immediately notify each appropriate licensing agency and provide each licensing agency with a copy of its investigative findings. ����� (6) Upon completion of the investigation, the department or its designee shall prepare written findings that include recommended actions and a determination of whether protective services are needed. The department or its designee shall provide appropriate protective services as necessary to prevent further abuse of the adult. Any protective services provided shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence that is available within existing resources. ����� (7) If the department or its designee determines that there is reason to believe a crime has occurred, the department or its designee shall report the findings to the appropriate law enforcement agency. The law enforcement agency must confirm its receipt of the report to the department or its designee. The agency shall notify the department or its designee of its determination: ����� (a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation; ����� (b) That the findings have been given to the district attorney for review; or ����� (c) That there will be a criminal investigation. ����� (8) If a law enforcement agency gives the findings of the department or its designee to the district attorney for review, the district attorney shall notify the department or its designee that the district attorney has received the findings and shall inform the department or its designee whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department or its designee. ����� (9) If a district attorney files charges stemming from a report from the department or its designee and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department or its designee of the determination and shall include information explaining the basis for the determination. [1991 c.744 �5; 2009 c.837 ��17,18] ����� Note: See note under 430.735. ����� 430.746 Training requirements for persons investigating reports of alleged abuse. Any designee of the Department of Human Services who makes a determination or conducts an investigation under ORS 430.743 or 430.745 shall receive training and consultation that is necessary to allow the designee to make the determination or conduct a thorough and unbiased investigation. The training required under this section shall address the cultural and social diversity of the people of this state. [2003 c.443 �3] ����� Note: See note under 430.735. ����� 430.747 Photographs of victim during investigation; exception; photographs as records. (1) In carrying out its duties under ORS 430.735 to 430.765, a law enforcement agency or the Department of Human Services� designee may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of investigation unless the victim knowingly refuses to be photographed. ����� (2) For purposes of ORS 430.763, photographs taken under authority of subsection (1) of this section shall be considered case records. [1991 c.744 �6] ����� Note: See note under 430.735. ����� 430.750 [1963 c.581 �5; repealed by 1969 c.321 �9] ����� 430.753 Immunity of persons making reports in good faith; confidentiality. (1) Anyone participating in good faith in making a report of abuse pursuant to ORS 430.743 and 430.765 and who has reasonable grounds for making the report, shall have immunity from any criminal or civil liability that might otherwise be incurred or imposed with respect to the making or content of the report. The participant shall have the same immunity with respect to participating in any judicial proceeding resulting from the report. ����� (2) The identity of the person making the report shall be treated as confidential information and shall be disclosed only with the consent of that person, by judicial order or as otherwise permitted by ORS 430.763. [1991 c.744 �7; 2015 c.179 �6; 2021 c.97 �51] ����� Note: See note under 430.735. ����� 430.755 Retaliation prohibited; liability for retaliation. (1) A facility, community program or person shall not retaliate against any person who reports in good faith suspected abuse or against the allegedly abused adult with respect to any report. ����� (2) Any facility, community program or person that retaliates against any person because of a report of suspected abuse shall be liable in a private action to that person for actual damages and, in addition, a penalty up to $1,000, notwithstanding any other remedy provided by law. ����� (3)(a) Any adverse action is evidence of retaliation if taken within 90 days of a report. ����� (b) For purposes of this subsection, �adverse action� means any action taken by a facility, community program or person involved in a report against the person making the report or against the adult with respect to whom the report was made because of the report, and includes but is not limited to: ����� (A) Discharge or transfer from the facility, except for clinical reasons; ����� (B) Discharge from or termination of employment; ����� (C) Demotion or reduction in remuneration for services; or ����� (D) Restriction or prohibition of access to the facility or its residents. [1991 c.744 �8; 2003 c.443 �5] ����� Note: See note under 430.735. ����� 430.756 Immunity of employer reporting abuse by employee. A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services or a law enforcement agency to have committed abuse under ORS 430.735 to 430.765, is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse. [2009 c.837 �19] ����� Note: 430.756 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. ����� 430.757 Reports of abuse to be maintained by Department of Human Services. A proper record of all reports of abuse made under ORS 430.743 and 430.765 shall be maintained by the Department of Human Services. [1991 c.744 �9; 2021 c.97 �52] ����� Note: See note under 430.735. ����� 430.760 [1969 c.253 �1; repealed by 1985 c.555 �26] ����� 430.763 Confidentiality of records; when record may be made available to agency. Notwithstanding the provisions of ORS 192.311 to 192.478, the names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection. However, the Department of Human Services shall make this information and any investigative report available to any law enforcement agency, to any public agency that licenses or certifies facilities or licenses or certifies the persons practicing therein and to any public agency providing protective services for the adult, if appropriate. The department shall also make this information and any investigative report available to any private agency providing protective services for the adult and to the system described in ORS 192.517 (1). When this information and any investigative report is made available to a private agency, the confidentiality requirements of this section apply to the private agency. [1991 c.744 �10; 2003 c.14 �240; 2005 c.498 �9] ����� Note: See note under 430.735. ����� 430.765 Duty of officials to report abuse; exceptions for privileged communications; exception for religious practice. (1) Any public or private official who has reasonable cause to believe that any adult with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused an adult, shall report or cause a report to be made in the manner required in ORS 430.743. ����� (2) Nothing contained in ORS 40.225 to 40.295 affects the duty to report imposed by subsection (1) of this section, except that a psychiatrist, psychologist, member of the clergy or attorney may not be required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295. ����� (3) An adult who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone not be considered subjected to abuse under ORS 430.735 to 430.765. [1991 c.744 ��3,11; 2017 c.346 �2; 2021 c.97 �53] ����� Note: See note under 430.735. ����� 430.768 Claims of self-defense addressed in certain reports of abuse; review teams; rules. (1) When the Department of Human Services investigates a report of abuse under ORS 430.735 to 430.765 at a residential training home as defined in ORS 443.400 that is operated by the department or a report of abuse at a state hospital described in ORS 426.010, the department shall address in the written report of its findings whether the person alleged to be responsible for the abuse was acting in self-defense. ����� (2) The department shall make a finding that the allegation of abuse is unsubstantiated if the department finds that: ����� (a) The person was acting in self-defense in response to the use or imminent use of physical force; ����� (b) The amount of force used was reasonably necessary to protect the person from violence or assault; and ����� (c) The person used the least restrictive procedures necessary under the circumstances in accordance with an approved behavior management plan or other method of response approved by the department by rule. ����� (3) Notwithstanding ORS 179.505, the department shall disclose to the person alleged to be responsible for the abuse a copy of its findings under subsection (1) of this section if the allegation of abuse is substantiated. ����� (4) If a person makes a claim of self-defense during an investigation of a report of abuse and the allegation is found to be substantiated, the person may ask the Director of Human Services to review the finding. The director shall appoint a review team to conduct the review and make a recommendation to the director under procedures adopted by the director by rule. ����� (5) As used in this section, �self-defense� means the use of physical force upon another person in self-defense or to defend a third person. [2005 c.660 �1] ����� Note: 430.768 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. ����� 430.770 [1969 c.253 �2; repealed by 1985 c.555 �26] MISCELLANEOUS BEHAVIORAL HEALTH PROVISIONS ����� 430.775 Required trainings on behavioral health worker safety; frequency; documentation. (1) As used in this section, �behavioral health employer� means: ����� (a) A residential treatment facility, as defined in ORS 443.400; ����� (b) A residential treatment home, as defined in ORS 443.400; ����� (c) A secure residential treatment facility, as described in ORS 443.465, unless the facility is located on an Oregon State Hospital campus or otherwise operated by the state; ����� (d) A secure residential treatment home, as described in ORS 443.465; ����� (e) A sobering facility, as defined in ORS 430.306; ����� (f) A detoxification center, as defined in ORS 430.306; ����� (g) A halfway house, as defined in ORS 430.306; ����� (h) A mobile crisis intervention team, as defined in ORS 430.626; or ����� (i) An emergency shelter. ����� (2) A behavioral health employer shall provide training to workers that, at a minimum, addresses: ����� (a) General worker safety that focuses on providing workers with skills and knowledge regarding: ����� (A) The potential risks that a worker may face in the work environment of a particular behavioral health setting, including but not limited to behavioral health settings involving mobile crisis intervention teams, as defined in ORS 430.626. ����� (B) Protocols for using safety equipment, emergency communication devices and alert systems in emergency or crisis situations. ����� (b) De-escalation techniques for managing and mitigating potentially aggressive behavior from clients. ����� (c) The available options for reporting alleged workplace safety violations and allegations of discrimination, retaliation or harassment to the Occupational Safety and Health Division of the Department of Consumer and Business Services, the Bureau of Labor and Industries and other relevant state agencies, including the rights and protections afforded to workers who engage in such reporting. ����� (3) Training provided under this section must incorporate simulated scenarios and role-playing to ensure workers have an opportunity to apply the training principles in real-world scenarios. ����� (4) A behavioral health employer shall provide the training under this section to new workers within 90 days of hiring, and periodically thereafter, but not less than once every three years. ����� (5) Each behavioral health employer shall retain records documenting the completion of the training required under this section. At a minimum, the records must include the date of training, topics covered and the names of the workers who attended the training. The records shall be made available, upon request, to the division. [2025 c.561 �5] ����� Note: 430.775 becomes operative July 1, 2026. See section 6, chapter 561, Oregon Laws 2025. ����� Note: 430.775 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. ����� 430.779 Oregon State University Extension Service to administer behavioral health promotion project. The Oregon State University Extension Service shall oversee a project to accelerate the promotion of behavioral health in Oregon by: ����� (1) Convening local committees from across the behavioral health sector to develop a plan to promote behavioral health; ����� (2) Facilitating community conversations about mental health and substance use; and ����� (3) Contributing to any follow-up actions taken by counties or regions that choose to participate in the project. [2025 c.237 �1] ����� Note: 430.779 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. ����� 430.780 [1969 c.253 �3; repealed by 1985 c.555 �26] ����� 430.790 [1969 c.253 �4; repealed by 1985 c.555 �26] ����� 430.810 [1969 c.253 �5; repealed by 1985 c.555 �26] ����� 430.820 [1969 c.253 �6; repealed by 1985 c.555 �26] PROGRAM FOR PERSONS CONVICTED OF DRIVING UNDER INFLUENCE OF ALCOHOL; CRIMES COMMITTED WHILE INTOXICATED ����� 430.850 Treatment program; eligibility. (1) Subject to the availability of funds therefor, the Oregon Health Authority may establish and administer a treatment program with courts, with the consent of the judge thereof, for any person convicted of driving under the influence of alcohol, or of any crime committed while the defendant was intoxicated when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment, who is eligible under subsection (2) of this section to participate in such program. The program must meet minimum standards established by the authority under ORS 430.357. ����� (2) A person eligible to participate in the program is a person who: ����� (a)(A) Has been convicted of driving under the influence of alcohol if such conviction has not been appealed, or if such conviction has been appealed, whose conviction has been sustained upon appeal; or ����� (B) Has been convicted of any crime committed while the defendant was intoxicated if such conviction has not been reversed on appeal, and when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment; and ����� (b)(A) Has been referred by the participating court to the authority for participation in the treatment program; ����� (B) Prior to sentencing, has been medically evaluated by the authority and accepted by the authority as a participant in the program; ����� (C) Has consented as a condition to probation to participate in the program; and ����� (D) Has been sentenced to probation by the court, a condition of which probation is participation in the program according to the rules adopted by the authority under ORS 430.870. [1973 c.340 �1; 1993 c.14 �25; 2009 c.595 �525; 2011 c.673 �36] ����� 430.860 Participation in program; report to court. The Oregon Health Authority may: ����� (1) Accept for medical evaluation any person meeting the conditions defined in ORS 430.850 (2)(a) and referred for participation in the program by a participating court, cause such medical evaluation to be made and report the results of the evaluation to the referring court; ����� (2) Within the limitation of funds available to the program, accept any person as a participant in the program who is eligible under ORS 430.850 (2) and whose medical evaluation shows the person suitable to participate in the program; and ����� (3) Report to the referring court the progress of, and any violation of rules of the authority adopted under ORS 430.870 by, a participant. [1973 c.340 �2; 2009 c.595 �526; 2011 c.673 �37] ����� 430.870 Rules. The Oregon Health Authority shall adopt rules necessary to the efficient administration and functioning of the program and rules regulating the conduct of participants in the program. Rules regulating the conduct of participants in the program shall include but not be limited to rules requiring participants to keep appointments and the time, place and frequency of any dosages. [1973 c.340 �3; 2009 c.595 �527] ����� 430.880 Gifts, grants or services. (1) The Oregon Health Authority may accept gifts and apply for and accept grants or services from the federal government or any of its agencies, from associations, individuals and private corporations to carry out the purposes of ORS 430.850 to 430.880. ����� (2) All moneys received by the authority under ORS 430.850 to 430.880 shall be paid into the State Treasury and deposited in the General Fund to the credit of a special account. Such moneys are appropriated continuously to the authority for the purposes of ORS 430.850 to 430.880. [1973 c.340 �4; 2009 c.595 �528] ����� 430.890 [1973 c.817 �4; repealed by 1979 c.419 �3] ����� 430.891 [1975 c.150 �4; repealed by 1979 c.419 �3] SUBSTANCE USE DISORDER TREATMENT DURING PREGNANCY ����� 430.900 Definitions for ORS 430.900 to 430.930. As used in ORS 430.900 to 430.930, �substance� has the meaning of �controlled substance� as defined in ORS 475.005 and includes alcoholic beverages or other substances with abuse potential. [1989 c.1046 �7] ����� 430.905 Policy. The Legislative Assembly declares: ����� (1) Because the growing numbers of pregnant substance users and drug- and alcohol-affected infants place a heavy financial burden on Oregon�s taxpayers and those who pay for health care, it is the policy of this state to take effective action that will minimize these costs. ����� (2) Special attention must be focused on preventive programs and services directed at women at risk of becoming pregnant substance users as well as on pregnant women who use substances or who are at risk of substance use or abuse. ����� (3) It is the policy of this state to achieve desired results such as alcohol- and drug-free pregnant women and healthy infants through a holistic approach covering the following categories of needs: ����� (a) Biological-physical need, including but not limited to detoxification, dietary and obstetrical. ����� (b) Psychological need, including but not limited to support, treatment for anxiety, depression and low self-esteem. ����� (c) Instrumental need, including but not limited to child care, transportation to facilitate the receipt of services and housing. ����� (d) Informational and educational needs, including but not limited to prenatal and postpartum health, substance use and parenting. [1989 c.1046 �1] ����� 430.910 [1989 c.1046 �2; repealed by 2001 c.900 �261] ����� 430.915 Health care providers to encourage counseling and therapy. If during routine pregnancy or prenatal care, the attending health care provider determines that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, or the patient admits such use to the provider, it is the policy of this state that the provider encourage and facilitate counseling, drug therapy and other assistance to the patient in order to avoid having the child, when born, become subject to protective services. [1989 c.1046 �3] ����� 430.920 Risk assessment for drug and alcohol use; informing patient of results; assistance to patient in reducing need for controlled substances. (1) The attending health care provider shall perform during the first trimester of pregnancy or as early as possible a risk assessment which shall include an assessment for drug and alcohol usage. If the results of the assessment indicate that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, the provider shall tell the patient about the potential health effects of continued substance abuse and recommend counseling by a trained drug or alcohol abuse counselor. ����� (2) The provider shall supply demographic information concerning patients described in subsection (1) of this section to the Alcohol and Drug Policy Commission, for purposes related to the commission�s accountability and data collection system, and to the local public health administrator, as defined in ORS 431.003, without revealing the identity of the patients. The local public health administrator shall use forms prescribed by the Oregon Health Authority and shall send copies of the forms and any compilation made from the forms to the authority at such times as the authority may require by rule. ����� (3) The provider, if otherwise authorized, may administer or prescribe controlled substances that relieve withdrawal symptoms and assist the patient in reducing the need for unlawful controlled substances according to medically acceptable practices. [1989 c.1046 �4; 2009 c.595 �529; 2011 c.673 �38; 2015 c.736 �70] ����� 430.925 [1989 c.1046 �5; 2009 c.595 �530; repealed by 2015 c.70 �12] ����� 430.930 Substance use disorder education at Oregon Health and Science University. The Oregon Health and Science University shall have an integrated curriculum in the medical school to teach medical students drug and alcohol abuse assessment and treatment procedures and practices. [1989 c.1046 �6] ����� 430.950 [1991 c.706 �1; repealed by 2001 c.900 �261] ����� 430.955 Standardized screening instrument; assessing drug use during pregnancy. (1) The Oregon Health Authority and the Oregon Health and Science University shall develop a standardized screening instrument designed to identify the use of substances during pregnancy. ����� (2) The authority and the Oregon Health and Science University shall request the boards responsible for the licensing of health care providers and appropriate professional organizations to work with them to conduct a series of training sessions for health professionals who provide maternity care on how to assess drug use in pregnancy. [1991 c.706 �4; 2001 c.900 �142; 2009 c.595 �531] ����� Note: 430.955 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. _______________