2007 Oregon Code - Chapter 179 :: Chapter 179 - Administration of State Institutions
Chapter 179 —
Administration of State Institutions
2007 EDITION
ADMINISTRATION OF STATE INSTITUTIONS
EXECUTIVE BRANCH; ORGANIZATION
GENERAL PROVISIONS
179.010    “Institutions”
defined
179.040Â Â Â Â General
powers and duties
179.045Â Â Â Â Reports
on convictions; forms; confidentiality
179.050Â Â Â Â Authority
to hold property
179.055Â Â Â Â Disposition
of income from property; maintenance of property
179.065Â Â Â Â Furnishing
utilities for institutions
179.105Â Â Â Â Acceptance
of federal or other assistance to carry out general powers and duties;
legislative or Emergency Board approval prior to expenditure
179.110Â Â Â Â Use
of federal grants; cooperation with federal agencies; disposition of balances
of appropriations
179.130Â Â Â Â Institutional
petty cash fund; creation; reimbursement from appropriation for institution
179.140Â Â Â Â Auditing
and paying claims; approval of vouchers
179.150
Interest
in contracts prohibited
CLAIM FOR INJURY OR DAMAGE
179.210Â Â Â Â Claim
for injury or damage; conditions
179.230Â Â Â Â Rejection
of claim final and not reviewable
179.240Â Â Â Â Procedure
where award due person owing debt to state
SUPERVISION OF STATE INSTITUTIONS
(Superintendent)
179.310    “Superintendent”
defined
179.321Â Â Â Â Responsibility
to supervise state institutions
179.325Â Â Â Â Change
in use of institution for persons with mental illness or mental retardation
179.331Â Â Â Â Appointment,
suspension and removal of superintendents
179.340Â Â Â Â Salaries
and expenses of superintendents
179.360Â Â Â Â Powers
and duties of superintendents
179.370Â Â Â Â Residence
of superintendents at institutions
(Staff)
179.375Â Â Â Â Chaplaincy
services
179.380Â Â Â Â Employment
of staff; oaths and bonds
179.385Â Â Â Â Scholarship
programs to train personnel for institutions; rules
179.390Â Â Â Â Appointment,
suspension, removal and salaries of assistants, officers and employees;
contract services
179.400Â Â Â Â Rentals
to officers and employees at institution
179.405Â Â Â Â License
required for teachers at institution
(Work at Institution)
179.440Â Â Â Â Work
in production of articles and performance of labor for state
179.450Â Â Â Â Work
on state-owned land
179.460Â Â Â Â
(Transfer Procedures)
179.471Â Â Â Â Definitions
for ORS 179.473 and 179.478
179.473Â Â Â Â Transfers
between institutions; rules
179.478Â Â Â Â Examination
for mental retardation; commitment hearing; transfer to hospital or training
center for persons with mental retardation; termination of sentence
179.479Â Â Â Â Conveyance
of inmates from institution to physician or hospital for treatment; rules
179.483Â Â Â Â Time
spent pursuant to transfer or conveyance counted as part of sentence
179.485Â Â Â Â Rights
of person transferred to institution for persons with mental illness or mental
retardation
179.486Â Â Â Â Payment
of costs in connection with transfers and conveyances; medical reports to
accompany certain inmates
(Medical Care)
179.490Â Â Â Â Authorization
and payment of cost of emergency and necessary operations
179.492Â Â Â Â Dispensing
of brand-name mental health drugs
(Records)
179.495Â Â Â Â Disclosure
of inmate written accounts; penalty
179.505Â Â Â Â Disclosure
of written accounts by health care services provider
179.507Â Â Â Â Enforcement
of ORS 179.495 and 179.505; actions; venue; damages
179.508Â Â Â Â Disclosure
of individually identifiable health information about inmate
179.509Â Â Â Â Reports
on deaths at institutions; compilation submitted to President and Speaker
(Funds of Inmates or Patients)
179.510    “Funds”
defined; deposit of funds of institution residents with State Treasurer
179.520Â Â Â Â Authorization
to receive funds of wards; separate accounts
179.530Â Â Â Â Disbursements
from accounts; accountability
RESPONSIBILITY FOR COST OF CARE OF PERSONS IN
STATE INSTITUTIONS
179.610Â Â Â Â Definitions
for ORS 179.610 to 179.770
179.620Â Â Â Â Liability
of person or estate for cost of care
179.640Â Â Â Â Determination
of ability to pay; rules; financial information; notice; order; hearing; appeal
179.653Â Â Â Â Unpaid
costs as lien on property; order; when appealable
179.655Â Â Â Â Enforcement
of lien; distraint warrant
179.660Â Â Â Â Guardian
or conservator for estate of person in institution
179.701Â Â Â Â Determination
of cost-of-care rates
179.711Â Â Â Â Remittance
of amounts due; refunds
179.731Â Â Â Â Waiver
of collection of amount payable
179.740Â Â Â Â Collection
from estates; settlement
179.745Â Â Â Â Title
to and transfer of property
DISCRIMINATION PROHIBITED
179.750Â Â Â Â Equal
care and services for persons in state institutions
RULES
179.770Â Â Â Â Rules;
employees
GENERAL PROVISIONS
     179.010
“Institutions” defined. As
used in this chapter, unless the context requires otherwise, “institutions”
means the institutions designated in ORS 179.321. [Amended by 1969 c.597 §17;
1969 c.706 §62; 1971 c.301 §14; 1987 c.320 §106; 1987 c.321 §11; 2001 c.900 §26;
2003 c.14 §73]
     179.020 [Repealed by 1969 c.199 §59]
     179.030 [Amended by 1961 c.271 §1; repealed by 1969
c.199 §59]
     179.040
General powers and duties. (1)
The Department of Corrections and the Department of Human Services shall:
     (a) Govern, manage and administer the
affairs of the public institutions and works within their respective
jurisdictions.
     (b) Enter into contracts for the planning,
erection, completion and furnishings of all new buildings or additions at their
respective institutions.
     (c) Subject to any applicable provisions
of ORS 279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025,
279B.240, 279B.270, 279B.275, 279B.280 and 283.110 to 283.395, enter into
contracts for the purchase of supplies for their respective institutions.
     (d) Make and adopt rules, not inconsistent
with law, for the guidance of the Department of Corrections or the Department
of Human Services and for the government of their respective institutions.
     (2) The Department of Corrections and the
Department of Human Services, respectively, may:
     (a) Sue and plead in all courts of law and
equity.
     (b) Perform all legal and peaceful acts
requisite and necessary for the successful management and maintenance of the
institutions within their respective jurisdictions. [Amended by 1967 c.419 §57;
1969 c.597 §18; 1969 c.706 §63; 1987 c.320 §107; 2001 c.900 §27; 2003 c.794 §200]
     179.045
Reports on convictions; forms; confidentiality. (1) The clerk of a circuit or county court
shall cause a report to be made to the Department of Corrections on each
offender convicted of a felony or misdemeanor in the court and on each juvenile
found to be within the jurisdiction of the court by reason of a ground set
forth in ORS 419B.100 (1)(a) or 419C.005 (1).
     (2) The Department of Corrections shall
prescribe forms for the reports required under subsection (1) of this section.
Information required may include the name, age, sex, crime or action and
disposition of the offender or juvenile and such other information as the
department by rule may require. Such reports are confidential and may not be
used in evidence. [1967 c.635 §1; 1969 c.597 §14; 1987 c.320 §108; 1993 c.33 §317]
     179.050
Authority to hold property.
The Department of Corrections and the Department of Human Services may receive,
take and hold property, both real and personal, for any institution within
their respective jurisdictions. Title shall be taken in the name of the state. [Amended
by 1969 c.597 §21; 1971 c.615 §11; 1987 c.320 §109; 2001 c.900 §28]
     179.055
Disposition of income from property; maintenance of property. (1) The revenue from the rental or lease of
property administered by an institution governed or managed by the Department
of Corrections or the Department of Human Services, except dormitory and
housing rentals at institutions governed by either department, shall be
deposited in the account of the respective department for use by the respective
department to pay for the cost of administration, taxes, repairs and
improvements on the property.
     (2) The Department of Corrections or
Department of Human Services may request the Oregon Department of
Administrative Services to make necessary repairs and improvements on the
property described in subsection (1) of this section to be paid for by the
Department of Corrections or Department of Human Services from the proceeds
derived from such rental or lease of the property or from appropriations
otherwise available. [1961 c.652 §2(1),(2); 1969 c.597 §22; 1969 c.706 §64;
1971 c.615 §12; 1981 c.106 §10; 1983 c.599 §1; 1987 c.320 §110; 2001 c.900 §29]
     179.060 [Repealed by 1969 c.597 §281]
     179.065
Furnishing utilities for institutions. The Department of Corrections and the Department of Human Services
shall have the same powers with respect to furnishing heat, light, power,
sewage, fire protection and communications facilities to institutions under
their respective jurisdictions as is granted to the Oregon Department of
Administrative Services under ORS 276.210 to 276.228, 276.234 to 276.244,
276.250 and 276.252. The powers shall be exercised in accordance with and
subject to the provisions of such sections. [1969 c.597 §20; 1987 c.320 §111;
2001 c.900 §30]
     179.070 [Repealed by 1969 c.199 §59]
     179.080 [Repealed by 1969 c.199 §59]
     179.090 [Amended by 1965 c.476 §9; 1967 c.2 §1;
repealed by 1969 c.199 §59]
     179.100 [Repealed by 1969 c.199 §59]
     179.105
Acceptance of federal or other assistance to carry out general powers and
duties; legislative or Emergency Board approval prior to expenditure. (1) For a purpose of ORS 179.040, including
aid and support of research in any of the institutions, the Department of
Corrections and the Department of Human Services may in their respective
discretions accept from the United States or any of its agencies financial
assistance and grants in the form of money or labor, or from any other source
any donation or grant of land or gift of money or any other thing. Funds
accepted in accordance with the provisions of this section and ORS 179.110
shall be deposited with the State Treasurer and, subject to subsection (2) of
this section, are continuously appropriated to the Department of Corrections or
Department of Human Services, as appropriate, and may be expended by the
department according to the conditions and terms of the grant or donation.
     (2) Funds received under subsection (1) of
this section or ORS 179.110 shall be expended subject to expenditure
limitations imposed on the Department of Corrections or Department of Human
Services by the Legislative Assembly or, in the absence of such limitations,
only after approval of the Legislative Assembly or of the Emergency Board, if
approval is required during the interim between sessions of the Legislative
Assembly.
     (3) In any case where prior approval of
the authority to expend any funds available under subsection (1) of this
section or ORS 179.110 is imposed as a term or condition of receipt of such
funds, the Legislative Assembly or the Emergency Board may approve expenditures
of such funds prior to their receipt. [1961 c.651 §4; 1967 c.55 §1; 1969 c.597 §23;
1987 c.320 §112; 2001 c.900 §31; 2003 c.14 §74; 2005 c.755 §2]
     179.110
Use of federal grants; cooperation with federal agencies; disposition of
balances of appropriations.
Subject to the approval of the Director of the Oregon Department of
Administrative Services, the Department of Corrections and the Department of
Human Services, respectively, may accept and receive grants of funds from the
United States or any of its agencies for the construction, equipment and
betterment of any of the institutions under its jurisdiction and may cooperate
with the United States or its agencies in such construction, equipment and
betterment. Any balances of appropriations for capital outlay for any
institution resulting from the use of funds so received shall be placed in a
common fund. The Department of Corrections and the Department of Human Services
are authorized and empowered in their discretion to expend such common fund or
any portion thereof in the construction, equipment or betterment of any
institution under its jurisdiction. [Amended by 1961 c.651 §1; 1969 c.597 §24;
1987 c.320 §113; 2001 c.900 §32]
     179.115 [1957 c.602 §2; repealed by 1969 c.199 §59]
     179.120 [Amended by 1961 c.651 §2; repealed by 1967
c.55 §2]
     179.122 [1959 c.290 §13; 1965 c.616 §87; renumbered
423.070]
     179.130
Institutional petty cash fund; creation; reimbursement from appropriation for
institution. (1) The executive
head of each institution may execute a claim voucher against the Institutional
Betterment Fund to the credit of the institution, in favor of the executive
head of the institution, in such amount as shall be approved by the Director of
the Oregon Department of Administrative Services, for use by the institution as
a revolving fund in paying the petty claims and incidental expenses arising in
the proper conduct of the institution. The executive head may establish petty
cash funds within the revolving fund by drawing checks upon the revolving fund
payable to the custodians. Petty cash funds established to disburse funds to
residents shall be kept separate from petty cash funds established to pay
incidental expenses of the institution.
     (2) The executive head shall reimburse the
revolving fund by drawing upon funds appropriated for the expenses of the
institution or, when funds have been disbursed to a resident, by drawing upon
the trust account created in ORS 179.510. [Amended by 1969 c.597 §15; 1999
c.829 §1]
     179.140
Auditing and paying claims; approval of vouchers. Subject to any applicable provision of ORS
279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025, 279B.240,
279B.270, 279B.275, 279B.280, 283.110 to 283.395 and 291.232 to 291.260, all
claims for supplies or materials furnished or services rendered to institutions
shall be audited and approved as provided by law, upon the presentation of duly
verified vouchers therefor, approved in writing by the Director of the
Department of Corrections or by the Director of Human Services, or by their
designees. [Amended by 1971 c.63 §1; 1973 c.248 §1; 1987 c.320 §114; 2001 c.900
§33; 2003 c.794 §201]
     179.150
Interest in contracts prohibited. No officer of the Department of Corrections or the Department of Human
Services or officer, employee or other person connected with an institution
shall be pecuniarily interested in any contract for supplies or services
furnished or rendered to an institution, other than the services of regular
employment. [Amended by 1971 c.63 §2; 1987 c.320 §115]
     179.160 [1955 c.242 §1; subsection (2) enacted as
1961 c.652 §2 (3); 1969 c.597 §25; 1971 c.615 §13; 1981 c.106 §11; repealed by
1983 c.599 §10]
CLAIM FOR
INJURY OR DAMAGE
     179.210
Claim for injury or damage; conditions. (1) The Department of Human Services, the Department of Corrections
and the Superintendent of Public Instruction may audit, allow and pay a claim
for damage to property made by an employee of one of those agencies if:
     (a) The damage to property arises out of
the claimantÂ’s employment at one of the institutions or facilities operated by
the Department of Human Services or the Department of Corrections, or one of
the schools operated by the Superintendent of Public Instruction under ORS
346.010; and
     (b) The employee files a written claim
with the employeeÂ’s employer within 180 days after the employee discovers or
should have discovered the damage.
     (2) No claim under subsection (1) of this
section shall be paid:
     (a) That exceeds, in the aggregate with
payments of other claims, the moneys appropriated for such purpose.
     (b) To the extent that the person
incurring damage has been or may be compensated by liability insurance or
otherwise.
     (c) If the Department of Human Services,
the Department of Corrections or the Superintendent of Public Instruction
determines the cause or occasion of the accident resulting in damage is
chargeable to the conduct or negligence of the party damaged. [1965 c.476 §§2,3;
1967 c.454 §89; 1969 c.597 §29; 1971 c.301 §15; 1987 c.320 §116; 1995 c.452 §1;
2007 c.858 §57]
     179.220 [1965 c.476 §4; 1969 c.597 §30; repealed by
1995 c.452 §5]
     179.230
Rejection of claim final and not reviewable. The decision of the Department of Human Services, the Department of
Corrections or the Superintendent of Public Instruction to reject any claim
filed under ORS 179.210 is final, and is not subject to review under ORS
chapter 183, or by any other agency or court. The provisions of this section do
not affect any other remedy that may be available to the claimant under law. [1965
c.476 §5; 1967 c.454 §90; 1969 c.597 §31; 1987 c.410 §6; 1995 c.452 §2]
     179.240
Procedure where award due person owing debt to state. (1) If any person owes a debt to this state
or a state agency, and the debt has been fixed by final judgment of a court of
competent jurisdiction or is no longer subject to judicial review, the
Department of Corrections or the Department of Human Services shall deduct the
amount of the debt from any award made to that person under ORS 179.210.
     (2) The Department of Corrections or the
Department of Human Services shall request the State Treasurer to transfer to
the appropriate fund or account to which the debt is owed, an amount equal to
the amount deducted from the award under subsection (1) of this section, for
use during that biennium in accordance with law by the state agency
administering the fund or account to which the debt is owed. The State
Treasurer shall evidence the transfer by proper bookkeeping entries. If the
Department of Corrections, Department of Human Services or State Treasurer
cannot determine the appropriate fund or account, the amount shall be
transferred to the General Fund for general governmental purposes.
     (3) Any debt owed by a person to this
state or a state agency is satisfied, upon the completion of a transfer made
pursuant to subsection (2) of this section, to the extent of the amount so
transferred. [1965 c.476 §6; 1987 c.320 §117; 1995 c.452 §3; 2001 c.900 §34]
     179.250 [1965 c.476 §7; 1969 c.597 §32; repealed by
1995 c.452 §5]
SUPERVISION
OF STATE INSTITUTIONS
(Superintendent)
     179.310
“Superintendent” defined.
When used in ORS 179.010 to 179.495, unless the context otherwise requires, “superintendents”
means the executive heads of the institutions listed in ORS 179.321.
     179.320 [Amended by 1955 c.651 §2; 1955 c.660 §25;
1959 c.588 §17; 1963 c.632 §5; repealed by 1965 c.616 §78 (179.321 enacted in
lieu of 179.320)]
     179.321
Responsibility to supervise state institutions. (1) The Department of Human Services shall
operate, control, manage and supervise the
     (2) The Department of Corrections shall
operate, control, manage and supervise those institutions defined as Department
of Corrections institutions in ORS 421.005. [1965 c.616 §79 (enacted in lieu of
179.320); 1969 c.597 §38; 1971 c.212 §5; 1971 c.301 §16; 1971 c.401 §82; 1983
c.505 §12; 1983 c.740 §43; 1987 c.320 §118; 2001 c.900 §35; 2007 c.14 §4]
     179.323 [1967 c.346 §§1,2; repealed by 1969 c.199 §59]
     179.325
Change in use of institution for persons with mental illness or mental
retardation. The Department
of Human Services may order the change, in all or part, of the purpose and use
of any state institution being used as an institution for the care and
treatment of persons with mental illness or mental retardation in order to care
for persons committed to its custody whenever the department determines that a
change in purpose and use will better enable the state to meet its
responsibilities to persons with mental illness or mental retardation. In
determining whether to order the change, the department shall consider changes
in the number and source of the admissions of persons with mental illness or mental
retardation. [1965 c.595 §1; 1969 c.597 §39; 1979 c.683 §3; 2007 c.70 §41]
     179.330 [Amended by 1963 c.471 §1; repealed by 1965
c.616 §80 (179.331 enacted in lieu of 179.330)]
     179.331
Appointment, suspension and removal of superintendents. (1) The superintendents shall be appointed
and, whenever the public service requires such action, may be removed,
suspended or discharged, as follows:
     (a) Superintendents of institutions
described in ORS 179.321 (1), by the Director of Human Services.
     (b) Superintendents of Department of
Corrections institutions as defined in ORS 421.005, by the Director of the
Department of Corrections.
     (2) For purposes of the State Personnel
Relations Law, the superintendents are assigned to the unclassified service. [1965
c.616 §81 (enacted in lieu of 179.330); 1969 c.597 §26; 1971 c.301 §17; 1987
c.320 §119; 2003 c.14 §75]
     179.340
Salaries and expenses of superintendents. (1) The annual salaries of the superintendents shall be fixed, within
the respective appropriations therefor and the limitations otherwise fixed by
law by their respective appointing authorities.
     (2) The superintendents shall receive no
fees, emoluments or compensation other than salaries fixed under subsection (1)
of this section, but shall receive their actual traveling expenses when
traveling in the service of the state. [Amended by 1963 c.471 §2; 1965 c.616 §82;
1969 c.597 §27]
     179.350 [Amended by 1969 c.597 §28; repealed by 1987
c.320 §246]
     179.360
Powers and duties of superintendents. (1) Each superintendent shall:
     (a) Have custody of the residents of the
institution under jurisdiction of the superintendent.
     (b) Direct the care, custody and training
of the residents unless otherwise directed by law or by rule.
     (c) Adopt sanitary measures for the health
and comfort of the residents.
     (d) Promote the mental, moral and physical
welfare and development of the residents.
     (e) Enjoy the other powers and privileges
and perform the other duties that are prescribed by law or by rule or that
naturally attach themselves to the position of superintendent.
     (f) Designate a physician licensed by the
Oregon Medical Board to serve as chief medical officer as provided in ORS
426.020 and 427.010, who will be directly responsible to the superintendent for
administration of the medical treatment programs at the institution and assume
such other responsibilities as are assigned by the superintendent.
     (2) The Director of the Department of
Corrections or the Director of Human Services shall prescribe for their respective
institutions:
     (a) The duties of the superintendents
where the duties are not prescribed by law.
     (b) The additional duties, beyond those
prescribed by law, that the Director of the Department of Corrections or the
Director of Human Services considers necessary for the good of the public
service. [Amended by 1969 c.391 §14; 1969 c.597 §34; 1979 c.683 §4; 1987 c.320 §120;
2001 c.900 §36]
     179.370
Residence of superintendents at institutions. The Director of the Department of Corrections or the Director of Human
Services may require that a superintendent reside in state-provided housing at
the institution under the jurisdiction of the superintendent. The rental shall
be determined pursuant to ORS 182.425. [Amended by 1959 c.80 §1; 1969 c.597 §35;
1977 c.583 §1; 1987 c.320 §120a; 1989 c.171 §21]
(Staff)
     179.375
Chaplaincy services. (1) The
Department of Corrections and the Department of Human Services shall insure
that adequate chaplaincy services, including but not limited to Protestant and
Roman Catholic, are available at their respective institutions.
     (2) Chaplains serving the various
institutions shall, with respect to the inmates or patients at such
institutions:
     (a) Provide for and attend to their
spiritual needs.
     (b) Visit them for the purpose of giving
religious and moral instruction.
     (c) Participate in the rehabilitation
programs affecting them. [1963 c.554 §2; 1987 c.320 §121]
     179.380
Employment of staff; oaths and bonds. (1) The Department of Corrections and the Department of Human Services
shall authorize the employment of all necessary physicians, attendants, nurses,
engineers, messengers, clerks, guards, cooks, waiters and other officers and
employees not specifically authorized by law and necessary to the successful
maintenance of their respective institutions. The amounts expended for the
services of such officers and employees shall not exceed the amounts provided
therefor in the biennial appropriations for the institution.
     (2) The Department of Corrections and the
Department of Human Services shall designate in their respective rules which
employees shall be officers, and shall require all officers to take and
subscribe to an oath of office and, if the circumstances require it, to furnish
bonds. [Amended by 1969 c.597 §36; 1987 c.320 §122; 1999 c.59 §35; 2001 c.900 §37]
     179.385
Scholarship programs to train personnel for institutions; rules. The Department of Corrections and the
Department of Human Services, respectively, may establish scholarship programs
to provide assistance in securing qualified personnel at state institutions
governed by them. Scholarships authorized by this section shall be granted in
accordance with rules and regulations adopted respectively by the departments. [1961
c.363 §2; 1987 c.320 §123; 2001 c.900 §38]
     179.390
Appointment, suspension, removal and salaries of assistants, officers and employees;
contract services. (1) The
superintendent of an institution other than an institution within the
jurisdiction of the Department of Human Services shall, subject to the approval
of the Director of Human Services or the Director of the Department of
Corrections, appoint in the manner provided by law all assistants, officers and
other employees at the institution under the jurisdiction of the
superintendent. The superintendent may suspend or remove an assistant, officer
or other employee in the manner provided by law, reporting all acts of
suspension or removal to the Director of Human Services or Director of the
Department of Corrections for approval or disapproval. The Director of Human
Services or Director of the Department of Corrections shall fix the salaries of
assistants, officers and employees where their salary is not fixed by law. The
Director of Human Services or Director of the Department of Corrections shall,
subject to any applicable provisions of the State Personnel Relations Law,
suspend or discharge any subordinate of a superintendent when public service
requires such action.
     (2) The Director of Human Services or a
designee at each facility under jurisdiction of the Department of Human
Services shall, as provided by law, appoint, suspend or discharge an employee
of the department. The Director of Human Services may designate up to three
employees at each facility to act in the name of the director in accordance
with ORS 240.400.
     (3) In addition to or in lieu of employing
physicians, the Director of the Department of Corrections or the designee
thereof may contract for the personal services of physicians licensed to
practice medicine by the Oregon Medical Board to serve as medical advisors for
the Department of Human Services. Advisors under such contracts shall be
directly responsible for administration of medical treatment programs at penal
and correctional institutions, as defined in ORS 421.005. [Amended by 1969
c.597 §37; 1973 c.807 §1; 1987 c.78 §1; 1987 c.320 §123a; 2001 c.900 §39]
     179.400
Rentals to officers and employees at institution. The superintendent of an institution may
rent state-provided housing located at the institution under the jurisdiction
of the superintendent to state officers and employees or others. The rental
shall be determined pursuant to ORS 182.425. [Amended by 1977 c.583 §2]
     179.405
License required for teachers at institution. No Department of Corrections institutions, youth correction facilities
as defined in ORS 420.005 and institutions listed in ORS 427.010 shall employ
persons regularly as teachers who are not licensed. [Formerly 342.174; 2001
c.295 §16]
     Note: 179.405 was added to and made a part of ORS
chapter 179 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     179.410 [Repealed by 1969 c.597 §281]
     179.420 [Repealed by 1969 c.597 §281]
     179.430 [Repealed by 1969 c.597 §281]
(Work at
Institution)
     179.440
Work in production of articles and performance of labor for state. In order to minimize the cost of maintaining
the institutions, all wards of the state who are capable of a reasonable amount
of work without physical or mental injury to themselves shall be used as fully
as possible in the production and manufacture of articles for the use of the
state and in the performance of labor for the state.
     179.450
Work on state-owned land.
The Department of Corrections may direct the employment of able-bodied persons
at the Department of Corrections institutions and the Department of Human
Services may direct the employment of able-bodied persons at institutions for
persons with mental illness or mental retardation, in the performance of useful
work upon land owned by the state if it does not compete with free labor. Work
may not be performed upon any such land except by consent and approval of the
agency of the state having management of the land. [Amended by 1955 c.660 §26;
1965 c.616 §86; 1987 c.320 §124; 2007 c.70 §42]
     179.460
     (2) The funds derived from the sale of the
surplus products shall be paid into the State Treasury and become a part of a
fund to be known as the State Institutional Betterment Fund, which fund shall
be expended by the Department of Corrections and the Department of Human
Services, respectively, for the benefit of the institutions in proportion to
the amount earned by each.
     (3) The provisions of this section apply
to schools operated under ORS 346.010. [Amended by 1971 c.301 §18; 1987 c.320 §125;
2001 c.900 §40; 2007 c.858 §58]
     179.470 [Repealed by 1969 c.597 §281]
(Transfer
Procedures)
     179.471
Definitions for ORS 179.473 and 179.478. As used in ORS 179.473 and 179.478, unless the context requires
otherwise:
     (1) “Youth correction facility” has the
meaning given that term in ORS 420.005.
     (2) “Youth offender” has the meaning given
that term in ORS 419A.004. [1999 c.110 §1]
     Note: 179.471 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 179 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     179.473
Transfers between institutions; rules. (1) Whenever the health and welfare of the person and the efficient
administration of the institution require the transfer of an inmate of a
Department of Corrections institution or a youth offender in a youth correction
facility to another institution:
     (a) The Department of Corrections or the
Oregon Youth Authority, with the consent of the Department of Human Services,
may transfer a person at any institution under its jurisdiction to an
institution for persons with mental retardation, or, with the consent of the
Oregon Health and
     (b) The Department of Corrections may
transfer an inmate of a Department of Corrections institution to a state mental
hospital listed in ORS 426.010 for evaluation and treatment pursuant to rules
adopted jointly by the Department of Corrections and the Department of Human
Services.
     (c) The Oregon Youth Authority may
transfer a youth offender or other person confined in a youth correction
facility to a hospital or facility designated by the Department of Human
Services for evaluation and treatment pursuant to rules adopted jointly by the
Oregon Youth Authority and the Department of Human Services.
     (d) Except as provided in subsection (2)
of this section, the Department of Corrections or the Oregon Youth Authority
may make a transfer of a person from any institution under the jurisdiction of
the department or authority to any other institution under the jurisdiction of
the department or authority.
     (2) A youth offender in a youth correction
facility may not be transferred to a Department of Corrections institution
under subsection (1) of this section. A youth offender in a youth correction
facility who has been transferred to another institution may not be transferred
from such other institution to a Department of Corrections institution.
     (3) The rules adopted under subsection
(1)(b) and (c) of this section must:
     (a) Provide the inmate or youth offender
with the rights to which persons are entitled under ORS 179.485.
     (b) Provide that a transfer of an inmate
or a youth offender to the Department of Human Services for stabilization and
evaluation for treatment may not exceed 30 days unless the transfer is extended
pursuant to a hearing required by paragraph (c) of this subsection.
     (c) Provide for an administrative
commitment hearing if:
     (A) The Department of Human Services
determines that administrative commitment for treatment for a mental illness is
necessary or advisable or that the Department of Human Services needs more than
30 days to stabilize or evaluate the inmate or youth offender for treatment;
and
     (B) The inmate or youth offender does not
consent to the administrative commitment or an extension of the transfer.
     (d) Provide for, at a minimum, all of the
following for the administrative commitment hearing process:
     (A) Written notice to the inmate or youth
offender that an administrative commitment to a state mental hospital listed in
ORS 426.010 or a hospital or facility designated by the Department of Human
Services or an extension of the transfer is being considered. The notice
required by this subparagraph must be provided far enough in advance of the
hearing to permit the inmate or youth offender to prepare for the hearing.
     (B) Disclosure to the inmate or youth
offender, at the hearing, of the evidence that is being relied upon for the
administrative commitment or the extension of the transfer.
     (C) An opportunity, at the hearing, for
the inmate or youth offender to be heard in person and to present documentary
evidence.
     (D) An opportunity, at the hearing, for
the inmate or youth offender to present the testimony of witnesses and to
confront and cross-examine witnesses called by the state. The opportunity
required by this subparagraph may be denied upon a finding by the decision
maker of good cause for not permitting the inmate or youth offender to present
the testimony of witnesses or confront or cross-examine witnesses called by the
state.
     (E) An independent decision maker for the
hearing.
     (F) A written statement by the decision
maker of the evidence relied upon by the decision maker and the reasons for
administratively committing the inmate or youth offender or extending the
transfer.
     (G) A qualified and independent assistant
for the inmate or youth offender to be provided by the state if the inmate or
youth offender is financially unable to provide one.
     (H) Effective and timely notice of the
procedures required by subparagraphs (A) to (G) of this paragraph.
     (e) Provide that an inmate or a youth
offender may not be administratively committed involuntarily unless the
independent decision maker finds by clear and convincing evidence that the
inmate or youth offender is a mentally ill person as defined in ORS 426.005.
     (f) Provide that the duration of an
administrative commitment pursuant to an administrative commitment hearing be
no more than 180 days unless the administrative commitment is renewed in a
subsequent administrative commitment hearing. Notwithstanding this paragraph,
an administrative commitment may not continue beyond the term of incarceration
to which the inmate was sentenced or beyond the period of time that the youth
offender may be placed in a youth correction facility. [1965 c.616 §84 (enacted
in lieu of 179.474); 1969 c.597 §40; 1975 c.662 §1; 1977 c.601 §1; 1987 c.320 §126;
1997 c.249 §52; 1999 c.110 §2; 2005 c.439 §§1,2; 2007 c.70 §43]
     179.474 [1957 c.160 §1; repealed by 1965 c.616 §83
(179.473 enacted in lieu of 179.474)]
     179.475 [1977 c.601 §3; 1987 c.320 §127; 1999 c.110 §3;
repealed by 2005 c.439 §5]
     179.476 [1957 c.160 §2; 1965 c.616 §85; 1969 c.597 §41;
1975 c.662 §2; repealed by 1977 c.601 §8]
     179.477 [1977 c.601 §4; 1979 c.408 §6; 1985 c.242 §6;
1987 c.320 §128; 1999 c.110 §4; 2001 c.104 §59; repealed by 2005 c.439 §5]
     179.478
Examination for mental retardation; commitment hearing; transfer to hospital or
training center for persons with mental retardation; termination of sentence. (1) If the person, a relative, guardian or
friend, or institution staff have probable cause to believe that an inmate or
youth offender is a person with mental retardation to such a degree that the
inmate or youth offender cannot adjust to or benefit from the Department of
Corrections institution or youth correction facility, the superintendent of the
institution shall request that a diagnostic assessment be performed by the
Department of Human Services or its designee. If there is probable cause to
believe that the inmate or youth offender is a person with mental retardation
and otherwise eligible for admission to a state training center pursuant to ORS
427.010 and other applicable statutes and rules of the Department of Human
Services, the person shall be entitled to a commitment hearing.
     (2) If the inmate or youth offender is by
clear and convincing evidence determined by the court to be a person with
mental retardation, the person shall be committed and transferred to a training
center designated by the Department of Human Services as soon as space in an appropriate
unit is available, and any sentence to a Department of Corrections institution
or commitment to the youth correction facility shall be terminated. [1977 c.601
§5; 1979 c.683 §35; 1987 c.320 §129; 1999 c.110 §5; 2001 c.900 §41; 2007 c.70 §44]
     179.479
Conveyance of inmates from institution to physician or hospital for treatment;
rules. (1) The
superintendent or other chief executive officer of an institution described in
ORS 179.321 may, when authorized by regulation or direction of the Department
of Corrections or Department of Human Services, convey an inmate to a
physician, clinic or hospital, including the Oregon Health and Science
University, for medical, surgical or dental treatment when such treatment
cannot satisfactorily be provided at the institution. An inmate conveyed for
treatment pursuant to this section shall be kept in the custody of the
institution from which the inmate is conveyed.
     (2) The Department of Corrections and the
Department of Human Services each shall prescribe rules and regulations
governing conveyances authorized by this section. [1957 c.160 §3; 1969 c.597 §42;
1975 c.693 §1; 1987 c.320 §130; 1999 c.59 §36; 2001 c.900 §42]
     179.480 [Amended by 1955 c.86 §1; repealed by 1957
c.160 §6]
     179.483
Time spent pursuant to transfer or conveyance counted as part of sentence. Any time spent by an inmate of a Department
of Corrections institution pursuant to a transfer or conveyance shall be
counted as part of the sentence being served by the inmate. [1957 c.160 §4;
1987 c.320 §131]
     179.485
Rights of person transferred to institution for persons with mental illness or
mental retardation. Persons
transferred to a state institution for persons with mental illness or mental
retardation under ORS 179.473, 179.478 and 420.505 shall be entitled to the
same legal rights as any other persons admitted to those institutions. [1977
c.601 §6; 2007 c.70 §45]
     179.486
Payment of costs in connection with transfers and conveyances; medical reports
to accompany certain inmates.
(1) The institution from which a transfer or conveyance is made shall pay from
its appropriation the cost of such of the following items as may be incurred in
a particular case:
     (a) Transportation and other expenses
incidental to the transfer or conveyance, including the expenses of attendants
where an attendant is directed to accompany the inmate.
     (b) Hospital expenses incurred at the
Oregon Health and
     (c) Examination, treatment and hospital
expenses incurred in favor of a physician, clinic or hospital, other than the
Oregon Health and
     (2) An inmate transferred or conveyed to
the Oregon Health and
(Medical
Care)
     179.490
Authorization and payment of cost of emergency and necessary operations. In the case of a necessary or emergency
operation, requiring the services of a specialist, and where the relatives or
guardians, in the judgment of the Department of Corrections or Department of
Human Services, are unable to pay a part or the whole cost of the operation,
either department, in its discretion, may have the operation performed, the
cost of the operation to be payable from the funds of the institution
concerned. [Amended by 1987 c.320 §132; 2001 c.900 §43]
     179.492
Dispensing of brand-name mental health drugs. (1) The Department of Human Services or the Department of Corrections
shall dispense as written a prescription for a brand-name mental health drug
prescribed for a person while the person is in the custody of an institution
described in ORS 179.321 if the prescription specifies “dispense as written” or
contains the notation “D.A.W.” or other words of similar meaning.
     (2) If, at the time of commitment to the
custody of an institution described in ORS 179.321, a person has a prescription
for a specified brand-name mental health drug and the prescription specifies “dispense
as written” or contains the notation “D.A.W.” or other words of similar
meaning, the Department of Human Services or the Department of Corrections
shall ensure that the person is prescribed the specified brand-name drug until
a licensed health professional with prescriptive privileges evaluates the
person and becomes responsible for the treatment of the person. [2005 c.691 §7]
     Note: 179.492 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 179 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
(Records)
     179.495
Disclosure of inmate written accounts; penalty. (1) Written accounts of the inmates of any
Department of Corrections institution as defined in ORS 421.005, maintained in
the institution by the officers or employees of the institution who are
authorized to maintain written accounts within the official scope of their
duties, are not subject to disclosure unless the disclosure is permitted or
authorized by the Department of Corrections in compliance with ORS 179.505 (3),
(4), (6), (7), (9), (11), (12), (14), (15), (16) or (17) or 179.508 or upon
order of a court of competent jurisdiction. The restriction contained in this
section does not apply to disclosure of written accounts made under ORS 179.505
(3) with the authorization of the individual or a personal representative of
the individual.
     (2) Except as authorized under subsection
(1) of this section, any person who discloses or any person who knowingly
obtains information from a written account referred to in subsection (1) of
this section commits a Class B violation.
     (3) As used in this section, “disclosure,”
“personal representative” and “written account” have the meanings given those
terms in ORS 179.505. [1955 c.452 §1; 1969 c.597 §44; 1973 c.736 §3; 1977 c.812
§5; 1987 c.320 §133; 1991 c.807 §2; 1999 c.1051 §165; 2003 c.14 §76; 2003 c.88 §1;
2005 c.498 §4]
     179.500 [Repealed by 1969 c.597 §281]
     179.505
Disclosure of written accounts by health care services provider. (1) As used in this section:
     (a) “Disclosure” means the release of,
transfer of, provision of access to or divulgence in any other manner of
information outside the health care services provider holding the information.
     (b) “Health care services provider” means:
     (A) Medical personnel or other staff
employed by or under contract with a public provider to provide health care or
maintain written accounts of health care provided to individuals; or
     (B) Units, programs or services
designated, operated or maintained by a public provider to provide health care
or maintain written accounts of health care provided to individuals.
     (c) “Individually identifiable health
information” means any health information that is:
     (A) Created or received by a health care
services provider; and
     (B) Identifiable to an individual,
including demographic information that identifies the individual, or for which
there is a reasonable basis to believe the information can be used to identify
an individual, and that relates to:
     (i) The past, present or future physical
or mental health or condition of an individual;
     (ii) The provision of health care to an
individual; or
     (iii) The past, present or future payment
for the provision of health care to an individual.
     (d) “Personal representative” includes but
is not limited to:
     (A) A person appointed as a guardian under
ORS 125.305, 419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
     (B) A person appointed as a health care
representative under ORS 127.505 to 127.660 or a representative under ORS
127.700 to 127.737 to make health care decisions or mental health treatment
decisions; and
     (C) A person appointed as a personal
representative under ORS chapter 113.
     (e) “Psychotherapy notes” means notes
recorded in any medium:
     (A) By a mental health professional, in
the performance of the official duties of the mental health professional;
     (B) Documenting or analyzing the contents
of conversation during a counseling session; and
     (C) That are maintained separately from
the rest of the individualÂ’s record.
     (f) “Psychotherapy notes” does not mean
notes documenting:
     (A) Medication prescription and
monitoring;
     (B) Counseling session start and stop
times;
     (C) Modalities and frequencies of
treatment furnished;
     (D) Results of clinical tests; or
     (E) Any summary of the following items:
     (i) Diagnosis;
     (ii) Functional status;
     (iii) Treatment plan;
     (iv) Symptoms;
     (v) Prognosis; or
     (vi) Progress to date.
     (g) “Public provider” means:
     (A) The state institutions for the care
and treatment of individuals with mental illness or developmental disabilities
operated by the Department of Human Services;
     (B) Department of Corrections institutions
as defined in ORS 421.005;
     (C) A contractor of the Department of
Human Services or the Department of Corrections that provides health care to
individuals residing in a state institution operated by the Department of Human
Services or the Department of Corrections;
     (D) A community mental health and
developmental disabilities program as described in ORS 430.610 to 430.695 and
the public and private entities with which it contracts to provide mental
health or developmental disabilities programs or services;
     (E) A program or service provided under
ORS 431.250, 431.375 to 431.385 or 431.416;
     (F) A program or service licensed,
approved, established, maintained or operated by or contracted with the
Department of Human Services under ORS 430.630 for individuals with
developmental disabilities and individuals with mental or emotional
disturbances;
     (G) A program or facility providing an
organized full-day or part-day program of treatment that is licensed, approved,
established, maintained or operated by or contracted with the Department of
Human Services for alcoholism, drug addiction or mental or emotional disturbance;
or
     (H) A program or service providing
treatment by appointment that is licensed, approved, established, maintained or
operated by or contracted with the Department of Human Services for alcoholism,
drug addiction or mental or emotional disturbance.
     (h) “Written account” means records
containing only individually identifiable health information.
     (2) Except as provided in subsections (3),
(4), (6), (7), (8), (9), (11), (12), (14), (15), (16) and (17) of this section
or unless otherwise permitted or required by state or federal law or by order
of the court, written accounts of the individuals served by any health care
services provider maintained in or by the health care services provider by the
officers or employees thereof who are authorized to maintain written accounts
within the official scope of their duties are not subject to access and may not
be disclosed. This subsection applies to written accounts maintained in or by
facilities of the Department of Corrections only to the extent that the written
accounts concern the medical, dental or psychiatric treatment as patients of
those under the jurisdiction of the Department of Corrections.
     (3) If the individual or a personal
representative of the individual provides an authorization, the content of any
written account referred to in subsection (2) of this section must be disclosed
accordingly, if the authorization is in writing and is signed and dated by the
individual or the personal representative of the individual and sets forth with
specificity the following:
     (a) Name of the health care services
provider authorized to make the disclosure, except when the authorization is
provided by recipients of or applicants for public assistance to a governmental
entity for purposes of determining eligibility for benefits or investigating
for fraud;
     (b) Name or title of the persons or
organizations to which the information is to be disclosed or that information
may be disclosed to the public;
     (c) Name of the individual;
     (d) Extent or nature of the information to
be disclosed; and
     (e) Statement that the authorization is
subject to revocation at any time except to the extent that action has been
taken in reliance thereon, and a specification of the date, event or condition
upon which it expires without express revocation. However, a revocation of an
authorization is not valid with respect to inspection or records necessary to
validate expenditures by or on behalf of governmental entities.
     (4) The content of any written account
referred to in subsection (2) of this section may be disclosed without an
authorization:
     (a) To any person to the extent necessary
to meet a medical emergency.
     (b) At the discretion of the responsible
officer of the health care services provider, which in the case of any
Department of Human Services facility or community mental health and
developmental disabilities program shall be the Director of Human Services, to
persons engaged in scientific research, program evaluation, peer review and
fiscal audits. However, individual identities may not be disclosed to such
persons, except when the disclosure is essential to the research, evaluation,
review or audit and is consistent with state and federal law.
     (c) To governmental agencies when
necessary to secure compensation for services rendered in the treatment of the
individual.
     (5) When an individual’s identity is
disclosed under subsection (4) of this section, a health care services provider
shall prepare, and include in the permanent records of the health care services
provider, a written statement indicating the reasons for the disclosure, the
written accounts disclosed and the recipients of the disclosure.
     (6) The content of any written account
referred to in subsection (2) of this section and held by a health care
services provider currently engaged in the treatment of an individual may be
disclosed to officers or employees of that provider, its agents or cooperating
health care services providers who are currently acting within the official
scope of their duties to evaluate treatment programs, to diagnose or treat or
to assist in diagnosing or treating an individual when the written account is
to be used in the course of diagnosing or treating the individual. Nothing in
this subsection prevents the transfer of written accounts referred to in subsection
(2) of this section among health care services providers, the Department of
Human Services, the Department of Corrections or a local correctional facility
when the transfer is necessary or beneficial to the treatment of an individual.
     (7) When an action, suit, claim,
arbitration or proceeding is brought under ORS 34.105 to 34.240 or 34.310 to
34.730 and involves a claim of constitutionally inadequate medical care,
diagnosis or treatment, or is brought under ORS 30.260 to 30.300 and involves
the Department of Corrections or an institution operated by the department,
nothing in this section prohibits the disclosure of any written account
referred to in subsection (2) of this section to the Department of Justice,
Oregon Department of Administrative Services, or their agents, upon request, or
the subsequent disclosure to a court, administrative hearings officer,
arbitrator or other administrative decision maker.
     (8)(a) When an action, suit, claim,
arbitration or proceeding involves the Department of Human Services or an
institution operated by the department, nothing in this section prohibits the
disclosure of any written account referred to in subsection (2) of this section
to the Department of Justice, Oregon Department of Administrative Services, or
their agents.
     (b) Disclosure of information in an
action, suit, claim, nonlabor arbitration or proceeding is limited by the
relevancy restrictions of ORS 40.010 to 40.585, 183.710 to 183.725, 183.745 and
183.750 and ORS chapter 183. Only written accounts of a plaintiff, claimant or
petitioner shall be disclosed under this paragraph.
     (c) Disclosure of information as part of a
labor arbitration or proceeding to support a personnel action taken against
staff is limited to written accounts directly relating to alleged action or
inaction by staff for which the personnel action was imposed.
     (9)(a) The copy of any written account
referred to in subsection (2) of this section, upon written request of the
individual or a personal representative of the individual, shall be disclosed
to the individual or the personal representative of the individual within a
reasonable time not to exceed five working days. The individual or the personal
representative of the individual shall have the right to timely access to any written
accounts.
     (b) If the disclosure of psychiatric or
psychological information contained in the written account would constitute an
immediate and grave detriment to the treatment of the individual, disclosure
may be denied, if medically contraindicated by the treating physician or a
licensed health care professional in the written account of the individual.
     (c) The Department of Corrections may
withhold psychiatric or psychological information if:
     (A) The information relates to an
individual other than the individual seeking it.
     (B) Disclosure of the information would
constitute a danger to another individual.
     (C) Disclosure of the information would
compromise the privacy of a confidential source.
     (d) However, a written statement of the
denial under paragraph (c) of this subsection and the reasons therefor must be
entered in the written account.
     (10) A health care services provider may
require a person requesting disclosure of the contents of a written account
under this section to reimburse the provider for the reasonable costs incurred
in searching files, abstracting if requested and copying if requested. However,
an individual or a personal representative of the individual may not be denied
access to written accounts concerning the individual because of inability to
pay.
     (11) A written account referred to in
subsection (2) of this section may not be used to initiate or substantiate any
criminal, civil, administrative, legislative or other proceedings conducted by
federal, state or local authorities against the individual or to conduct any
investigations of the individual. If the individual, as a party to an action,
suit or other judicial proceeding, voluntarily produces evidence regarding an
issue to which a written account referred to in subsection (2) of this section
would be relevant, the contents of that written account may be disclosed for
use in the proceeding.
     (12) Information obtained in the course of
diagnosis, evaluation or treatment of an individual that, in the professional
judgment of the health care services provider, indicates a clear and immediate
danger to others or to society may be reported to the appropriate authority. A
decision not to disclose information under this subsection does not subject the
provider to any civil liability. Nothing in this subsection may be construed to
alter the provisions of ORS 146.750, 146.760, 419B.010, 419B.015, 419B.020,
419B.025, 419B.030, 419B.035, 419B.040 and 419B.045.
     (13) The prohibitions of this section
apply to written accounts concerning any individual who has been treated by any
health care services provider irrespective of whether or when the individual
ceases to receive treatment.
     (14) Persons other than the individual or
the personal representative of the individual who are granted access under this
section to the contents of a written account referred to in subsection (2) of
this section may not disclose the contents of the written account to any other
person except in accordance with the provisions of this section.
     (15) Nothing in this section prevents the
Department of Human Services from disclosing the contents of written accounts
in its possession to individuals or agencies with whom children in its custody
are placed.
     (16) The system described in ORS 192.517
(1) shall have access to records, as defined in ORS 192.515, as provided in ORS
192.517.
     (17)(a) Except as provided in paragraph
(b) of this subsection, a health care services provider must obtain an
authorization from an individual or a personal representative of the individual
to disclose psychotherapy notes.
     (b) A health care services provider may
use or disclose psychotherapy notes without obtaining an authorization from the
individual or a personal representative of the individual to carry out the
following treatment, payment and health care operations:
     (A) Use by the originator of the
psychotherapy notes for treatment;
     (B) Disclosure by the health care services
provider for its own training program in which students, trainees or
practitioners in mental health learn under supervision to practice or improve
their skills in group, joint, family or individual counseling; or
     (C) Disclosure by the health care services
provider to defend itself in a legal action or other proceeding brought by the
individual or a personal representative of the individual.
     (c) An authorization for the disclosure of
psychotherapy notes may not be combined with an authorization for a disclosure
of any other individually identifiable health information, but may be combined
with another authorization for a disclosure of psychotherapy notes. [1973 c.736
§2; 1977 c.812 §3; 1981 c.326 §2; 1985 c.219 §1; 1987 c.320 §134; 1987 c.322 §1;
1989 c.81 §1; 1991 c.175 §1; 1991 c.807 §1; 1993 c.262 §3; 1993 c.546 §101;
2001 c.900 §44; 2003 c.88 §2; 2005 c.498 §5]
     179.507
Enforcement of ORS 179.495 and 179.505; actions; venue; damages. (1) Any individual, a person appointed as a
personal representative under ORS chapter 113 or the legal guardian of the
individual may commence an action for equitable relief in the circuit court for
the county in which the individual resides or in which the written accounts
referred to in ORS 179.505 (2) are kept for the purpose of requiring compliance
with ORS 179.495 and 179.505. In an action brought under this section, the court
shall order payment of reasonable attorney fees at trial and on appeal and
actual costs and disbursements to the prevailing party.
     (2) Any individual, a person appointed as
a personal representative under ORS chapter 113 or the legal guardian of the
individual may commence an action in the circuit court for the county in which
the individual resides or in which the written accounts referred to in ORS
179.505 (2) are kept for damages for any violation of ORS 179.495 or 179.505
and to restrain future violations. If a violation of ORS 179.495 or 179.505 is
proven, the person commencing the action shall recover actual damages or $500,
whichever is greater. Upon a showing of an intentional violation of ORS 179.495
or 179.505, the individual may receive punitive damages. The prevailing party
in an action brought under this subsection shall receive reasonable attorney
fees at trial and on appeal and costs and disbursements actually incurred. [1977
c.812 §4; 1979 c.284 §120; 1981 c.897 §39; 2003 c.88 §3]
     179.508
Disclosure of individually identifiable health information about inmate. (1) The Department of Corrections may
disclose individually identifiable health information without obtaining an
authorization from an inmate or a personal representative of the inmate if
disclosure of the information is necessary for:
     (a) The provision of health care to the
inmate;
     (b) The health and safety of the inmate or
other inmates;
     (c) The health and safety of the officers
or employees of or others at the Department of Corrections institution as
defined in ORS 421.005 where the inmate is incarcerated;
     (d) The health and safety of the inmate or
officers or other persons responsible for transporting or transferring inmates
from one setting to another;
     (e) Law enforcement purposes on the
premises of the correctional institution; or
     (f) The administration and maintenance of
the safety, security and good order of the correctional institution.
     (2) As used in this section, “disclosure,”
“individually identifiable health information” and “personal representative”
have the meanings given those terms in ORS 179.505. [2003 c.88 §4]
     Note: 179.508 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 179 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     179.509
Reports on deaths at institutions; compilation submitted to President and
Speaker. (1) The
superintendent of each state institution shall submit quarterly reports on the
number of deaths, including the ages of the deceased, the causes of death and
the disposition of the remains, within the institution to the Department of
Human Services or to the Department of Corrections, as the case may be, having
jurisdiction over the institution.
     (2) The Department of Human Services or
the Department of Corrections shall compile the reports described in subsection
(1) of this section and submit them quarterly to the offices of the President
of the Senate and of the Speaker of the House of Representatives. [1985 c.207 §26;
1987 c.320 §135; 2001 c.900 §45]
(Funds of
Inmates or Patients)
     179.510
“Funds” defined; deposit of funds of institution residents with State
Treasurer. (1) The
superintendent or state agency that possesses or controls funds that are the
property of the residents of such institutions or that have been deposited for
their use or for expenditure in their behalf shall deposit such funds, as they
are received, together with any such funds as heretofore have accumulated, with
the State Treasurer as a trust account, separate and distinct from the General
Fund. Interest earned by the account shall be credited to the account.
     (2) The word “funds” as used in ORS
179.510 to 179.530 shall include, but shall not be limited to, moneys deposited
with the superintendents or state agencies for medical care or assistance of
residents, moneys derived from athletic activities, contributions for athletic,
health, or recreation projects, and any other moneys received by the
superintendents or state agencies that are not required by law to be credited
to other state funds or accounts. [Formerly 179.710; 1969 c.597 §46; 1979 c.683
§5; 1989 c.966 §3; 1991 c.271 §1]
     179.520
Authorization to receive funds of wards; separate accounts. The superintendent or state agencies are
authorized to receive any of the funds referred to in ORS 179.510 to 179.530.
The State Treasurer shall carry such funds in separate accounts for such
institutions, or in a single account for all institutions operated by a single
state agency, but shall not credit such funds or any part thereof to any state
fund for governmental purposes. [Formerly 179.720; 1991 c.271 §2]
     179.530
Disbursements from accounts; accountability. Disbursements from the accounts for the purposes for which the
contributions or payments were made, and for payment to persons lawfully
entitled thereto, may be made by the superintendent of the institution by which
the funds were deposited, or by the state agency having jurisdiction over the
institution, by checks or orders drawn upon the State Treasurer. The
superintendent or state agency shall be accountable for the proper handling of
the account. [Formerly 179.730; 1991 c.271 §3]
     179.540 [Formerly 120.210; 1993 c.98 §11; repealed
by 1997 c.87 §1]
     179.545 [Formerly 120.220; repealed by 1997 c.87 §1]
     179.550 [Formerly 120.230; repealed by 1997 c.87 §1]
RESPONSIBILITY
FOR COST OF CARE OF PERSONS IN STATE INSTITUTIONS
     179.610
Definitions for ORS 179.610 to 179.770. As used in ORS 179.610 to 179.770, unless the context requires
otherwise:
     (1) “Agency” means either the Department
of Human Services for a person in a state institution described in ORS 179.321
(1) or the Department of Corrections for a person in a Department of
Corrections institution as defined in ORS 421.005.
     (2) “Authorized representative” means an
individual or entity appointed under authority of ORS chapter 125, as guardian
or conservator of a person, who has the ability to control the personÂ’s
finances, and any other individual or entity holding funds or receiving
benefits or income on behalf of any person.
     (3) “Care” means all services rendered by
the state institutions as described in ORS 179.321 or by the Department of
Human Services or the Department of Corrections on behalf of those
institutions. These services include, but are not limited to, such items as
medical care, room, board, administrative costs and other costs not otherwise
excluded by law.
     (4) “Decedent’s estate” has the meaning
given “estate” in ORS 111.005 (15).
     (5) “Person,” “person in a state
institution” or “person at a state institution,” or any similar phrase, means
an individual who is or has been at a state institution described in ORS
179.321.
     (6) “Personal estate” means all income and
benefits as well as all assets, including all personal and real property of a
living person, and includes assets held by the personÂ’s authorized
representative and all other assets held by any other individual or entity
holding funds or receiving benefits or income on behalf of any person. [Subsections
(1) and (2) enacted as 1959 c.652 §1; subsection (3) enacted as 1959 c.652 §3
(2); 1969 c.597 §43; 1971 c.411 §2; 1973 c.546 §1; 1973 c.806 §1; 1977 c.384 §4;
1989 c.348 §1; 1995 c.664 §89; 2001 c.487 §1; 2003 c.14 §77]
     179.620
Liability of person or estate for cost of care. (1) A person and the personal estate of the
person, or a decedentÂ’s estate, is liable for the full cost of care. Full cost
of care is established according to ORS 179.701.
     (2) While the person is liable for the
full cost of care, the maximum amount a person is required to pay toward the
full cost of care shall be determined according to the personÂ’s ability to pay.
Ability to pay is determined as provided in ORS 179.640.
     (3) Upon the death of a person, the
decedentÂ’s estate shall be liable for any unpaid cost of care. The liability of
the decedentÂ’s estate is limited to the cost of care incurred on or after July
24, 1979. The decedentÂ’s estate shall not include assets placed in trust for
the person by other persons. Collection of any amount from a decedentÂ’s estate
shall be pursuant to ORS 179.740.
     (4) Regardless of subsection (1) of this
section and ORS 179.610 (6), assets held in trust by a trustee for a person are
subject to laws generally applicable to trusts.
     (5) Notwithstanding subsections (1) and
(3) of this section, neither the Department of Human Services nor the
Department of Corrections may collect the cost of care from:
     (a) Any assets received by or owing to a
person and the personal estate of the person, or the decedentÂ’s estate, as
compensation from the state for injury, death or, if the collection is being
made by the Department of Corrections, the false imprisonment of the person
that occurred when the person was in a state institution listed in ORS 179.321
and for which the state admits liability or is found liable through
adjudication; and
     (b) Any real or personal property of the
personal estate of the person, or the decedentÂ’s estate, that the person or an
authorized representative of the person can demonstrate was purchased solely
with assets referred to in paragraph (a) of this subsection or partially with
such assets, to the extent such assets were used in the purchase. [1959 c.652 §2;
1961 c.501 §1; 1973 c.823 §§122,158; 1979 c.684 §2; 1989 c.348 §2; 1999 c.159 §1;
2001 c.487 §2]
     179.630 [1959 c.652 §3 (1); 1963 c.598 §1; 1967
c.549 §3; repealed by 1973 c.546 §13]
     179.635 [1969 c.257 §§2,3,4,5; 1971 c.750 §3;
repealed by 1973 c.546 §13 and 1973 c.806 §2a; amended by 1973 c.827 §22]
     179.640
Determination of ability to pay; rules; financial information; notice; order;
hearing; appeal. (1)(a) Both
the Department of Human Services and the Department of Corrections shall
establish rules for determining ability to pay for persons in their respective
institutions. The rules adopted by each agency shall require, in addition to
other relevant factors, consideration of the personal estate, the personÂ’s need
for funds for personal support after release, and the availability of
third-party benefits such as, but not limited to, Medicare or private
insurance. Each agency may also consider the probable length of stay at the
state institution. Nothing in this section requires the Department of
Corrections to investigate a personÂ’s ability to pay or to issue an
ability-to-pay order.
     (b) When adopting rules under paragraph
(a) of this subsection, the Department of Corrections shall consider the personÂ’s
needs for funds to pay for the support of the personÂ’s children and to pay any
monetary obligations imposed on the person as a result of the personÂ’s
conviction.
     (2) In determining a person’s ability to
pay, neither agency may consider as part of the personal estate of the person
or the decedentÂ’s estate:
     (a) Any assets received by or owing to the
person and the personal estate of the person, or the decedentÂ’s estate, as
compensation from the state for injury, death or, if the collection is being
made by the Department of Corrections, the false imprisonment of the person
that occurred when the person was in a state institution listed in ORS 179.321
and for which the state admits liability or is found liable through
adjudication; and
     (b) Any real or personal property that the
person or an authorized representative of the person can demonstrate was purchased
solely with assets referred to in paragraph (a) of this subsection or partially
with such assets, to the extent such assets were used in the purchase.
     (3) A person and the authorized
representative of the person, if any, shall provide all financial information
requested by the agency that is necessary to determine the personÂ’s ability to
pay. To determine ability to pay, the agency may use any information available
to the agency, including information provided by the Department of Revenue from
personal income tax returns pursuant to ORS 314.840, and elderly rental
assistance claims. Upon request, the Department of Revenue shall release copies
of tax returns to the agency. When the person or the personÂ’s authorized
representative fails to provide evidence to demonstrate an inability to pay
full cost of care, the agency may determine the person has the ability to pay
the full cost of care.
     (4) The agency shall provide actual notice
to the person and any authorized representative, if known to the agency, of its
determination by issuing an ability-to-pay order. The order shall state the
personÂ’s full liability and the personÂ’s determined ability to pay. Actual
notice means receipt by the person and the authorized representative of notice.
The notice shall include a copy of the ability-to-pay order, a description of
the personÂ’s appeal rights and the date upon which appeal rights terminate and
state the address where a request for hearing may be mailed or delivered. At
any time, the agency may reissue an ability-to-pay order to notify an
authorized representative as provided by ORS 179.653 (4).
     (5) At any time during the person’s stay
at the state institution or within 36 months from the date the person is
released, if the agency receives new financial information that shows a change
in the personÂ’s financial circumstances, the agency shall consider the changed
circumstances and issue a new ability-to-pay order.
     (6) Orders issued after the person is
released may not require the person to make payments toward the cost of care
for more than 36 consecutive months following release. However, the agency may
collect beyond the 36-month period any payments that became due but were not
paid within the 36 months following release. Any remaining balance of full cost
of care shall be collected as provided in ORS 179.740.
     (7) Notwithstanding ORS 183.315 (5), if a
person or authorized representative disagrees with any ability-to-pay order
issued pursuant to this section, the person or authorized representative may
request a contested case hearing. To the extent practical, the hearing will be
held at a location convenient to the person or the authorized representative.
The request must be postmarked within 60 days from the date of the mailing of
the ability-to-pay order. If the person or the authorized representative makes
a timely request for a contested case hearing, the hearing and any appeal of
the final hearing order shall be governed by ORS 183.413 to 183.497. If the
person or the authorized representative fails to make a timely request for a
contested case hearing, the ability-to-pay order shall be final and not subject
to judicial review, except as subsequently modified by the agency as provided
in subsection (5) of this section.
     (8) On appeal, regardless of other information
presented, payment of the full cost of care may be ordered if the person or the
authorized representative refuses to produce financial information that the
Hearings Officer or administrative law judge determines is relevant and must be
produced. [1959 c.652 §4; 1961 c.501 §2; 1967 c.549 §4; 1973 c.806 §3a; 1973
c.823 §§123,159; 1989 c.348 §3; 1997 c.170 §15; 1999 c.159 §2; 2001 c.487 §3;
2003 c.75 §86]
     179.643 [1969 c.257 §8; 1973 c.546 §4; repealed by
1989 c.348 §16]
     179.645 [1967 c.534 §32; repealed by 1973 c.806 §14]
     179.650 [1959 c.652 §5; 1967 c.549 §5; 1969 c.591 §295;
1973 c.546 §5; 1973 c.806 §5a; repealed by 1989 c.348 §16]
     179.653
Unpaid costs as lien on property; order; when appealable. (1) If any person or authorized representative
refuses to pay for the cost of care as ordered by the Department of Human
Services or the Department of Corrections under ORS 179.640, the amount unpaid
plus interest shall be a lien in favor of the State of
     (2) Prior to the filing of a distraint
warrant as provided in ORS 179.655 (2), the lien shall only be valid against:
     (a) Property of the person;
     (b) Assets held by any authorized
representative bound by the ability-to-pay order; and
     (c) Assets subject to lien held by any
person or entity having actual knowledge of the ability-to-pay order or the
lien.
     (3) Regardless of any other provision of
law or statute that provides a procedure for establishing obligations,
including the claim and payment provisions of ORS chapter 125, an authorized
representative who has received notice and had an opportunity to request a
contested case hearing shall comply with an ability-to-pay order upon demand by
the agency. The agency may issue the demand any time after the order becomes
final.
     (4) An authorized representative who has
not had an opportunity to request a contested case hearing, either because the
authorized representative was not appointed at the time the ability-to-pay
order became final, or was not given notice of the ability-to-pay order as
required by ORS 179.640 (4), shall not be bound by the order of the agency. To
bind the authorized representative, the ability-to-pay order must be reissued
and notice provided to the authorized representative pursuant to ORS 179.640
(4). The authorized representative shall have the same appeal rights as if the
order had originally been issued to the authorized representative. After the
order becomes final, the authorized representative shall be bound as provided
in subsection (3) of this section. The agency may not issue an execution of a
lien or foreclose against property held by or in the control of the authorized
representative until the authorized representative is bound by the order of the
agency.
     (5) An authorized representative who is a
trustee shall only be bound to the extent that the final order specifically
finds that the trust assets of a trust fund are subject to claim by the agency.
     (6) If the authorized representative does
not comply with the demand, the agency may file with the probate court a motion
to require the authorized representative to comply. If the authorized
representative is a conservator or guardian appointed under ORS chapter 125,
the motion shall be filed in that proceeding. The motion shall be accompanied
by an affidavit stating that the order is final, that demand has been made on
the authorized representative and that the order has not been complied with.
     (7) The authorized representative may
object to the motion only on grounds that the order is not final, that the
order is not binding on the authorized representative as provided in this
section or that all required payments have been made. The objection must be by
affidavit.
     (8) If the authorized representative
objects by affidavit, the court shall hear the motion. If the court determines
that the ability-to-pay order is final and binding on the authorized
representative and that all required payments have not been made, the court
shall order the authorized representative to comply with the ability-to-pay
order.
     (9) If the authorized representative fails
to object by affidavit within 15 days of the filing of the motion, the court
shall order the authorized representative to comply with the order. An
authorized representative who willfully fails or refuses to comply may be found
in contempt of court and may be held personally responsible.
     (10) Nothing in this section shall affect
the requirement that the agency issue a new order in accordance with ORS
179.640 (5) if financial circumstances have changed. [1973 c.806 §9a; 1989
c.348 §4; 1995 c.664 §90; 1999 c.159 §3; 2001 c.487 §4]
     179.655
Enforcement of lien; distraint warrant. (1) If any amount due the Department of Human Services or the
Department of Corrections for the cost of care of a person is not paid within
30 days after it becomes due, and no provision is made to secure the payment by
bond, deposit or otherwise, pursuant to rules adopted by the appropriate
agency, the agency may issue a distraint warrant directed to any county of the
state.
     (2) After the receipt of the distraint
warrant, the clerk of the county shall enter in the County Clerk Lien Record
the name of the person, the amount for which the distraint warrant is issued
and the date the distraint warrant is recorded. The amount of the distraint
warrant shall become a lien upon the title to and interest in any property
owned or later acquired by the debtor against whom it is issued, and it may be
enforced by the agency in the same manner as a judgment of the circuit court.
     (3) In the event that an ability-to-pay
order issued under ORS 179.640 (4) or (5) becomes final, and supersedes a
previous final ability-to-pay order on which a distraint warrant had been
issued, the agency shall issue a new distraint warrant superseding the previous
distraint warrant, and the lien shall conform to the new order.
     (4) The agency may direct a copy of the
distraint warrant to the sheriff of any county of the state commanding the
sheriff to levy upon and sell the real and personal property of the taxpayer
found within that county, for the payment of the amount due, with interest,
collection charge and the sheriffÂ’s fee. The sheriff shall return the distraint
warrant to the agency and pay to it the money collected not less than 60 days
from the date the copy of the distraint warrant was directed to the sheriff.
     (5) The agency may issue the directive
provided in subsection (4) of this section to any agent of the agency. In
executing the distraint warrant, the agent shall have the same powers conferred
by law upon sheriffs. However, the agent is not entitled to any fee or
compensation in excess of actual expenses incurred in the performance of this
duty. [1973 c.806 §§10,11,12; 1983 c.696 §8; 1989 c.348 §5; 1999 c.159 §4; 2001
c.487 §5]
     179.660
Guardian or conservator for estate of person in institution. If the Department of Human Services or the
Department of Corrections believes a person at one of its state institutions
needs a guardian or conservator, or both, and one has not been appointed, the
agency may request that the district attorney institute proper proceedings for
this appointment in the court having probate jurisdiction. The county of which
the person is a resident, or was a resident at the time of admittance, shall be
the basis for determining the appropriate district attorney to be contacted. [1959
c.652 §6; 1973 c.823 §124; 1989 c.348 §6; 2001 c.487 §6]
     179.670 [1959 c.652 §7; 1969 c.591 §296; 1973 c.546 §6;
repealed by 1973 c.806 §14]
     179.680 [1959 c.652 §8; 1967 c.549 §6; 1973 c.546 §7;
repealed by 1973 c.806 §14]
     179.690 [1959 c.652 §9; repealed by 1973 c.546 §13]
     179.700 [1959 c.652 §10; 1961 c.639 §1; 1965 c.182 §1;
repealed by 1967 c.549 §1 (179.701 enacted in lieu of 179.700)]
     179.701
Determination of cost-of-care rates. The cost-of-care rates for a person shall be determined by the
Department of Human Services or the Department of Corrections, as appropriate.
The rates established shall be reasonably related to current costs of the
institutions as described in ORS 179.321. Current costs shall exclude costs of
outpatient services as defined in ORS 430.010 (4) and any other costs not
directly related to the care for a person at a state institution. [1967 c.549 §2
(enacted in lieu of 179.700); 1973 c.806 §6; 1989 c.348 §7; 2001 c.487 §7]
     179.710 [1955 c.5 §1; renumbered 179.510]
     179.711
Remittance of amounts due; refunds. (1) Remittance of amounts due for care of persons at state
institutions as provided in ORS 179.610 to 179.770 shall be made to the
Department of Human Services or the Department of Corrections, as appropriate.
     (2) The agency shall refund any unearned
payment for the care of a person at a state institution where payment has been
made in advance and the person dies or is discharged before the end of the
period for which payment was made. Any refund shall be paid to the person, to
the authorized representative of the person or to the decedentÂ’s estate if the
person has died. All claims for refunds approved by the agency shall be paid as
provided in ORS 293.295 to 293.462. Any amounts necessary for payment of refunds
are appropriated from the money collected by that agency under the provisions
of ORS 179.610 to 179.770. [1959 c.652 §11; 1963 c.193 §1; 1973 c.546 §8; 1983
c.740 §44; 1989 c.348 §8; 2001 c.487 §8]
     179.720 [1955 c.5 §2; renumbered 179.520]
     179.721 [1959 c.652 §13; 1973 c.546 §9; repealed by
1989 c.348 §16]
     179.730 [1955 c.5 §3; renumbered 179.530]
     179.731
Waiver of collection of amount payable. If the Department of Human Services or the Department of Corrections
determines that collection of the amount payable under ORS 179.610 to 179.770
for the cost of care of a person would be detrimental to the best interests of
the person or the agency, the agency may waive the collection of part or all of
the amount otherwise payable. [1959 c.652 §§16,17,18; 1961 c.501 §3; 1973 c.546
§10; 1973 c.806 §7a; 1989 c.348 §9; 2001 c.487 §9]
     179.740
Collection from estates; settlement. (1) The Department of Human Services or the Department of Corrections,
as appropriate, may file a claim against the decedentÂ’s estate for any unpaid
charges under ORS 179.620 (3). This shall be done in the same manner as claims
of creditors and with the priorities provided in ORS 115.125.
     (2) If, within 90 days following the
personÂ’s death, the personÂ’s estate is not otherwise being probated, the agency
may petition any court of competent jurisdiction for the issuance of letters of
administration or testamentary. This action would be for the purpose of
collecting the full amount of unpaid cost of care as determined by ORS 179.701 and
limited by ORS 179.620 (3). However, the agency may not file a petition under
this subsection until at least 90 days after the death of the person who was at
the state institution and then only in the event that the personÂ’s estate is
not otherwise being probated.
     (3) The agency may settle any claim
against the decedentÂ’s estate during the pendency of the probate proceeding by
accepting other security or in any other equitable manner. The agency may waive
all or part of the claim if it finds collection of this amount due to be
inequitable.
     (4) The agency may not recover amounts
that exceed the total cost of care of the deceased person as computed under ORS
179.701 and limited by ORS 179.620 (3). [1959 c.652 §§16,17,18; 1961 c.501 §4;
1969 c.591 §297; 1973 c.546 §11; 1979 c.684 §4; 1989 c.348 §10; 2001 c.487 §10]
     179.745
Title to and transfer of property. The State of
DISCRIMINATION
PROHIBITED
     179.750
Equal care and services for persons in state institutions. (1) Discrimination may not be made in the
admission, accommodation, care, education or treatment of any person in a state
institution because the person does or does not contribute to the cost of the
care.
     (2) Discrimination may not be made in the
provision of or access to educational facilities and services and recreational
facilities and services to any person in the state institutions enumerated in
ORS 420.005 or Department of Corrections institutions as defined in ORS 421.005
on the basis of race, religion, sex, marital status or national origin of the
person. This subsection does not require combined domiciliary facilities at the
state institutions to which it applies. [1959 c.652 §19; 1973 c.546 §12; 1977
c.363 §1; 1979 c.141 §1; 1989 c.348 §11; 1995 c.422 §134; 2003 c.14 §78]
     Note: The amendments to 179.750 by section 20,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 179.750 by section 20, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 179.750, as amended by section
20, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     179.750. (1) Discrimination may not be made in the
admission, accommodation, care, education or treatment of any person in a state
institution because the person does or does not contribute to the cost of the
care.
     (2) Discrimination may not be made in the
provision of or access to educational facilities and services and recreational
facilities and services to any person in the state institutions enumerated in
ORS 420.005 or Department of Corrections institutions as defined in ORS 421.005
on the basis of race, religion, sex, sexual orientation, national origin or
marital status of the person. This subsection does not require combined
domiciliary facilities at the state institutions to which it applies.
     179.760 [1959 c.652 §15; repealed by 1973 c.546 §13]
RULES
     179.770
Rules; employees. (1) In
accordance with any applicable provisions of ORS chapter 183, both the
Department of Human Services and the Department of Corrections may adopt any
rules necessary to carry out ORS 179.610 to 179.770.
     (2) Subject to any applicable provision of
the State Personnel Relations Law, the agency may employ employees necessary to
carry out ORS 179.610 to 179.770. [Subsections (1) and (2) enacted as 1959
c.652 §20; subsection (3) as 1959 c.652 §12; 1989 c.348 §12; 2001 c.487 §12]
_______________
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