US Laws, Codes, Statutes & Cases

Chapter 430 — Administration; Alcohol and Drug Abuse Programs

 

2005 EDITION

 

 

ADMINISTRATION; ALCOHOL AND DRUG ABUSE

 

MENTAL HEALTH; ALCOHOL AND DRUG ABUSE

 

DEFINITIONS

 

430.010     Definitions

 

MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES

 

430.021     Functions of Department of Human Services

 

430.030     Application of ORS 430.021

 

430.050     Mental Health Advisory Board; qualifications; duties; compensation and expenses; Disability Issues Advisory Committee

 

430.065     Standards for insurance reimbursement treatment programs; application and certification fees

 

430.140     Federal grants for promoting mental health

 

430.160     Federal funds deposited in special account

 

430.165     Fee schedules; collection of fees; definition

 

430.170     Revolving fund

 

430.180     Mental Health and Developmental Disability Services Account

 

430.190     Mental Health and Developmental Disability Services Institution Account

430.195     Department of Human Services receipt of funds for client use; disbursements from trust accounts; authority of other agencies

 

430.205     Definitions for ORS 430.205 and 430.210

 

430.210     Rights of persons receiving mental health or developmental disability services; status of rights

 

430.212     Reconnection of family members with individual with developmental disability; rules

 

430.215     Department of Human Services responsibility for developmental disability services and psychiatric treatment services for children

 

430.218     Application of savings generated by support service brokerages

 

ALCOHOL AND DRUG ABUSE PREVENTION, INTERVENTION AND TREATMENT

 

430.240     Goal of treatment programs for drug-dependent persons

 

430.250     Policy

 

430.255     Governor’s Council on Alcohol and Drug Abuse Programs; qualifications; duties; compensation and expenses; removal

 

430.257     Legislative findings; comprehensive state plan; assistance for council

 

430.258     Statewide plan of services for alcohol and drug abuse prevention and treatment

 

430.259     State agencies to cooperate in plan

 

430.265     Contracts with federal government for services to alcohol and drug-dependent persons

 

430.270     Publicizing effects of alcohol and drugs

 

430.290     Prevention of alcoholism and drug dependency

 

430.306     Definitions for ORS 430.315 to 430.335, 430.397 and 430.399

 

430.315     Policy

 

430.325     Prohibitions on local governments as to certain crimes

 

430.335     Authority of Department of Human Services relating to alcohol and drug dependence

 

430.338     Purposes of laws related to alcoholism

 

430.342     Local alcoholism planning committees; duties; members

 

430.345     Grants for alcohol and drug abuse prevention, intervention and treatment

 

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     Rules for ORS 430.345 to 430.380

 

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

 

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

 

430.385     Construction

 

430.395     Funding of regional centers for treatment of drug and alcohol dependent adolescents; rules; criteria for areas served by centers

 

430.397     Voluntary admission of person to treatment facility; notice to parent or guardian

 

430.399     When person must be taken to treatment facility; admission or referral; when jail custody may be used; confidentiality of records

 

430.401     Liability of public officers

 

PREVENTION OF DRUG ABUSE

 

430.405     Definitions for ORS 161.125, 430.270, 430.405 and 430.415

 

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

 

DIVERSION PROGRAMS

 

(Definitions)

 

430.450     Definitions for ORS 430.450 to 430.555

 

(Treatment Program)

 

430.455     Information to drug-dependent person upon arrest

 

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     Duties of Department of Human Services; 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 DEPENDENCY TREATMENT PROGRAMS

 

430.560     Drug dependency treatment programs established by Department of Human Services; contracts; rules

 

430.565     Nonapplicability of drug laws to certain persons in treatment program

 

430.570     Information concerning opiate inhibitors to drug dependent persons

 

430.590     Regulation of location of methadone clinic; enforcement

 

LOCAL MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES

 

430.610     Legislative policy

 

430.620     Establishment of community mental health and developmental disabilities program by one or more counties

 

430.625     Local advisory committees

 

430.630     Services to be provided by community mental health and developmental disabilities program; local mental health authorities; local mental health services plan

 

430.632     Biennial report on implementation of comprehensive local plan for delivery of mental health services

 

430.635     Priority for preventive services for children

 

430.640     Duties of Department of Human Services in assisting and supervising community mental health and developmental disabilities programs

 

430.660     Federal laws, rules and regulations govern activities under ORS 430.610 to 430.695 when federal granted funds involved

 

430.665     Evaluation of programs; population schedule for distributing funds

 

430.670     Contracts to provide services; approval of department; competition for subcontracts; exception

 

430.672     Contract requirements for community mental health and developmental disabilities programs

 

430.673     Mediation; retaliation prohibited; action for damages; attorney fees; rules

 

430.675     Priorities for services provided by community mental health and developmental disabilities program

 

430.685     Priorities for services for mentally and emotionally disturbed persons

 

430.690     Funding distribution formula; matching funds; administrative expenses

 

430.695     Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts

 

CHILDREN’S MENTAL HEALTH SERVICES

 

430.705     Mental health services for children

 

430.715     Hospital services; child care and residential treatment programs; other services

 

430.725     Gifts and grants

 

ABUSE REPORTING FOR PERSONS WHO ARE MENTALLY ILL OR HAVE DEVELOPMENTAL DISABILITY

 

430.735     Definitions for ORS 430.735 to 430.765

 

430.737     Mandatory reports and investigations

 

430.743     Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services

 

430.745     Investigation of abuse report; 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

 

430.757     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

 

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     Authority to accept gifts, grants or services

 

ALCOHOL AND DRUG 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

 

430.925     Demonstration pilot projects; goals

 

430.930     Drug and alcohol abuse education at Oregon Health and Science University

 

430.955     Standardized screening instrument; assessing drug use during pregnancy

 

DEFINITIONS

 

      430.010 Definitions. As used in ORS 430.010 to 430.050, 430.140 to 430.170, 430.265, 430.270 and 430.610 to 430.695:

      (1) “Department” means the Department of Human Services.

      (2) “Health facility” means a facility licensed as required by ORS 441.015 or a facility accredited by the Joint Commission on Accreditation of Hospitals, either of which provides full-day or part-day acute treatment for alcoholism, drug addiction or mental or emotional disturbance, and is licensed to admit persons requiring 24-hour nursing care.

      (3) “Residential facility” or “day or partial hospitalization program” 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 department 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 disturbance.

      (4) “Outpatient service” means:

      (a) A program or service providing treatment by appointment and by medical or osteopathic physicians licensed by the Board of Medical Examiners for the State of Oregon under ORS 677.010 to 677.450; psychologists licensed by the State Board of Psychologist Examiners under ORS 675.010 to 675.150; nurse practitioners registered by the Oregon State Board of Nursing under ORS 678.010 to 678.410; or clinical social workers licensed by the State Board of Clinical Social Workers under ORS 675.510 to 675.600; or

      (b) A program or service providing treatment by appointment that is licensed, approved, established, maintained, contracted with or operated by the department 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 disturbance. [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]

 

      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. Subject to ORS 417.300 and 417.305:

      (1) The Department of Human Services shall direct, promote, correlate and coordinate all the activities, duties and direct services for the mentally or emotionally disturbed, mentally retarded and developmentally disabled, alcoholic and drug-dependent persons; and promote, correlate and coordinate the mental health and developmental disabilities activities of all governmental organizations throughout the state in which there is any direct contact with mental health and developmental disabilities programs.

      (2) The department shall develop cooperative programs with interested private groups throughout the state to effect better community awareness and action in the field of mental health and developmental disabilities, and encourage and assist in all necessary ways community general hospitals to establish psychiatric services.

      (3) 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 Human Services shall take this policy into account.

      (4) The department shall establish, coordinate, assist and direct a community mental health and developmental disabilities program in cooperation with local government units and integrate such a program with the total state mental and developmental disabilities health program.

      (5) The department shall promote public education in the state concerning mental health and developmental disabilities and act as the liaison center for work with all interested public and private groups and agencies in the field of mental health and developmental disabilities services.

      (6) The department shall accept the custody of persons committed to its care by the courts of this state. [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]

 

      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 by other provisions of law. [1961 c.706 §3; 1969 c.597 §85]

 

      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 Mental Health Advisory Board; qualifications; duties; compensation and expenses; Disability Issues Advisory Committee. (1) The Director of Human Services, with the approval of the Governor, shall appoint at least 15 but not more than 20 members of a Mental Health Advisory Board, composed of both lay and professionally trained individuals, qualified by training or experience to study the problems of mental health and make recommendations for the development of policies and procedures with respect to the state mental health programs. The membership shall provide balanced representation of program areas and shall include persons who represent the interests of children. At least four members of the board shall be disabled persons who shall serve as the Disability Issues Advisory Committee which is hereby established. The members of the board shall serve for terms of four years and are entitled to compensation and expenses as provided in ORS 292.495. The director may remove any member of the board for misconduct, incapacity or neglect of duty.

      (2) The Department of Human Services shall adopt rules specifying the duties of the board. In addition to those duties assigned by rule, the board shall assist the department in planning and preparation of administrative rules for the assumption of responsibility for psychiatric care in state and community hospitals by community mental health and developmental disabilities programs, in accordance with ORS 430.630 (3)(e).

      (3) The board shall meet at least once each quarter.

      (4) The director may make provision for technical and clerical assistance to the Mental Health Advisory Board and for the expenses of such assistance.

      (5) The Disability Issues Advisory Committee shall meet at least once annually to make recommendations to the Mental Health Advisory Board.

      (6) As used in this section, “disabled person” means any person who:

      (a) Has a physical or mental impairment which 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. [1961 c.706 §18; 1969 c.314 §36; 1969 c.597 §86; 1981 c.750 §12; 1989 c.116 §4; 1989 c.777 §1]

 

      430.060 [1961 c.706 §9; repealed by 1963 c.490 §5]

 

      430.065 Standards for insurance reimbursement treatment programs; application and certification fees. (1) In adopting rules pursuant to ORS 743.556 (3), the Department of Human Services may consider standards proposed by the American Association of Partial Hospitalization as one possible source for such rules. In addition, an insurer or insurers and the department may mutually develop agreements, standards and procedures for programs that are approved by the department and that provide alternative arrangements for supervision or for review of treatment plans to become qualified to receive payments for treatment.

      (2) The Department of Human Services may require payment of an application fee and a certification fee for the approval of noninpatient programs described in ORS 743.556 (3) and (4).

      (3) Subject to the review of the Oregon Department of Administrative Services, the Department of Human Services may establish any fees to be imposed under subsection (2) of this section. The fees and charges established under this section shall not exceed the cost of administering the regulatory program of the Department of Human Services pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly for the department’s budget, as the budget may be modified by the Emergency Board. [1991 c.654 §1; 2001 c.900 §134]

 

      Note: 430.065 is repealed January 1, 2007. See sections 2 and 4, chapter 705, Oregon Laws 2005.

 

      Note: 430.065 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.

 

      430.070 [1961 c.706 §10; repealed by 1963 c.490 §5]

 

      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 Department of Human Services 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 department is designated the Mental Health Authority for the State of Oregon and 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]

 

      430.150 [1961 c.706 §§13,14; repealed by 1963 c.490 §5]

 

      430.160 Federal funds deposited in special account. All funds applied for and received by the Department of Human Services and 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 and retardation 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]

 

      430.165 Fee schedules; collection of fees; definition. The Department of Human Services 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, 430.850 to 430.880, 813.500 and 813.510. The fees shall be charged and collected by the department in the same manner as charges are collected under ORS 179.610 to 179.770. When the department 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]

 

      430.170 Revolving fund. (1) On request of the Department of Human Services, the Oregon Department of Administrative Services shall draw on amounts appropriated to the Department of Human Services for operating expenses for use by the Department of Human Services as a revolving fund. The revolving fund shall not exceed the aggregate sum of $25,000 including unreimbursed advances. The revolving fund shall be deposited with the State Treasurer to be held in a special account against which the Department of Human Services may draw checks. The Department of Human Services may establish petty cash funds within the revolving fund by drawing checks upon the revolving fund payable to the custodians of the petty cash funds.

      (2) The revolving fund may be used by the Department of Human Services to pay incidental expenses for which the department has appropriated funds.

      (3) Claims for reimbursement of amounts paid from the revolving fund shall be submitted to the Department of Human Services and the Oregon Department of Administrative Services for approval. When such claims have been approved by the Department of Human Services and the Oregon Department of Administrative Services, a payment covering them shall be drawn in favor of the Department of Human Services and charged against the appropriate fund or account, and shall be used to reimburse the revolving fund. [1971 c.306 §8; 1999 c.829 §5]

 

      430.180 Mental Health and Developmental Disability Services Account. (1) There is established in the General Fund of the State Treasury an account to be known as the Mental Health and Developmental Disability Services Account, to which all reimbursements to the Department of Human Services for cost and care of persons in state programs collected pursuant to ORS 179.610 to 179.770, 426.241, 427.108 and 430.165 shall be deposited.

      (2) The moneys in the Mental Health and Developmental Disability Services Account are hereby continuously appropriated to the Department of Human Services for the purposes of paying the expenses of those state programs and associated administrative costs for which revenues are collected pursuant to ORS 179.770, 426.241 and 430.165 and revenues collected for those programs established pursuant to ORS 427.104, 427.106 (1977 Replacement Part) and 427.108.

      (3) The Department of Human Services shall keep a record of all moneys credited to and deposited in the Mental Health and Developmental Disability Services Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived.

      (4) In order to facilitate financing the costs advanced as set forth in subsection (2) of this section, the department may at any time during the biennium transfer to the Mental Health and Developmental Disability Services Account, with the approval of the Director of the Oregon Department of Administrative Services, such funds as it deems necessary, not to exceed $4 million, from funds duly appropriated to the department for a biennial period. Such funds so transferred shall be retransferred from the Mental Health and Developmental Disability Services Account by the department to the appropriation from which the original transfer was made. The retransfers shall be accomplished prior to the last day of each biennial period. [1977 c.384 §2; 1989 c.116 §6; 2001 c.487 §15]

 

      430.190 Mental Health and Developmental Disability Services Institution Account. There is hereby established in the General Fund the Mental Health and Developmental Disability Services Institution Account. Such amounts appropriated, collected or received by the Department of Human Services for the purpose of institution operations shall be available for deposit in the Mental Health and Developmental Disability Services Institution Account. The Mental Health and Developmental Disability Services Institution Account is continuously appropriated to the Department of Human Services for institution operations. [1983 c.562 §4; 1985 c.494 §4; 1989 c.116 §8; 2001 c.900 §232]

 

      430.195 Department of Human Services 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) Disbursements from a trust account shall be made for purposes for which the contributions or payments were made to the department. When such purposes include the care or maintenance of a client, the department may reimburse itself for care and services provided to the client.

      (3) The department 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 shall remain accountable for the proper handling of the trust accounts authorized by this section. [1999 c.829 §7]

 

      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.

 

      430.205 Definitions for ORS 430.205 and 430.210. As used in this section and ORS 430.210:

      (1) “Facility” means any of the following which are licensed or certified by the Department of Human Services or which contract with that department or a program 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 or developmental disability and receives services from a program or facility.

      (3) “Program” means a community mental health and developmental disabilities program as described in ORS 430.610 to 430.695 and agencies with which it contracts to provide services.

      (4) “Services” means mental health and developmental disabilities services provided under ORS 430.630. [1993 c.96 §2]

 

      430.210 Rights of persons receiving mental health or developmental disability services; status of rights. (1) While receiving services, every person shall have the right to:

      (a) Choose from available services those which 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 written 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 and affords reasonable privacy.

      (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 and 427.031 if the individual is committed to the Department of Human Services.

      (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 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 program or rights advocate.

      (q) Exercise all rights described in this section without any form of reprisal or punishment.

      (2) An individual who is receiving developmental disability services under ORS 430.630 has the right to be informed and have the individual’s guardian and any representative designated by the individual be informed that a family member has contacted the department to determine the location of the individual, and to be informed of the name and contact information, if known, of the family member.

      (3) The rights described in this section are in addition to, and do not limit, all other statutory and constitutional rights which 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.

      (4) 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.

      (5) 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]

 

      430.212 Reconnection of family members with 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 427.330.

      (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]

 

      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 Department of Human Services responsibility for developmental disability services and psychiatric treatment services for children. The Department of Human Services shall be responsible for:

      (1) 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; and

      (2) Psychiatric residential and day treatment services for children with mental or emotional disturbances. [1993 c.676 §28(2); 1999 c.316 §1]

 

      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.

 

      430.218 Application of savings generated by support service brokerages. The Department of Human Services shall apply any savings generated by support service brokerages developed under the Staley Settlement Agreement to provide services to individuals who are awaiting adult developmental disability support services and who are not receiving any services. [2005 c.805 §1]

 

      Note: 430.218 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.

 

ALCOHOL AND DRUG ABUSE PREVENTION, INTERVENTION AND TREATMENT

 

      430.240 Goal of treatment programs for drug-dependent persons. The Department of Human Services in developing treatment programs for drug-dependent persons shall develop programs that 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. [1991 c.574 §2]

 

      Note: 430.240 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 Policy. (1) The Legislative Assembly recognizes that:

      (a) Dependence on alcohol or other drugs is treatable and preventable;

      (b) The Legislative Assembly has a responsibility to the citizens of the state to ensure that all related services and resources are provided in an effective and efficient manner; and

      (c) State agencies are accountable to coordinate all related services to the maximum extent possible.

      (2) The Governor’s Council on Alcohol and Drug Abuse Programs, created pursuant to ORS 430.255, shall implement the state policy as set forth in subsection (1) of this section by:

      (a) Developing a statewide alcohol and other drug abuse plan that:

      (A) Incorporates priorities and recommendations contained in the alcohol and drug abuse related components of each local coordinated comprehensive plan;

      (B) Describes the need for services and the process by which state resources shall be prioritized in order to meet the demand for services for children and families;

      (C) Sets forth principles to guide the state in purchasing alcohol and other drug abuse prevention materials and treatment services; and

      (D) Recommends goals, specific priorities and programs for review by the Governor and the Legislative Assembly; and

      (b) Monitoring those programs and financial efforts of the state which prevent, intervene in and treat alcohol and other drug problems for compliance with the approved statewide alcohol and drug abuse plan.

      (3) The Legislative Assembly expects as a condition of budget approval that all appropriate state agencies work with and through the Governor’s Council on Alcohol and Drug Abuse Programs to assist:

      (a) In the preparation of the proposed statewide alcohol and drug abuse plan;

      (b) In the implementation, monitoring and evaluation of the statewide plan approved by the Legislative Assembly; and

      (c) In developing and implementing methods for evaluating the effectiveness and efficiency of their respective alcohol and drug abuse prevention, intervention or treatment or rehabilitation services, or any of them. [1985 c.740 §1; 1999 c.1053 §33]

 

      Note: 430.250 to 430.257 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.

 

      430.255 Governor’s Council on Alcohol and Drug Abuse Programs; qualifications; duties; compensation and expenses; removal. (1)(a) There is created in the office of the Governor the Governor’s Council on Alcohol and Drug Abuse Programs. The council shall consist of not more than 11 members who are appointed by the Governor for terms of four years. Members are eligible for one reappointment. Members must be without conflicting interests and as representative as possible of:

      (A) Geographic regions of the state;

      (B) At-risk populations, including among others, youth, the elderly, minorities and women;

      (C) Knowledgeable professionals, such as pharmacists, physicians, attorneys and the like who are not necessarily representatives of professional organizations, but who may be recovering;

      (D) Knowledgeable nonprofessionals who may represent advocate groups and who may be recovering; and

      (E) Local advisory groups.

      (b) In addition to the members appointed to the council under paragraph (a) of this subsection, the council shall include:

      (A) One member appointed by the President of the Senate, who shall be a member of the Senate and who shall be a nonvoting, advisory member; and

      (B) One member appointed by the Speaker of the House of Representatives, who shall be a member of the House of Representatives and who shall be a nonvoting, advisory member.

      (2) The duties of the Governor’s Council on Alcohol and Drug Abuse Programs are to:

      (a) Assess the economic and social impact of alcohol and drug abuse on the State of Oregon and report the findings and recommendations to the Governor by January 1 of each even-numbered year.

      (b) Review and make recommendations to the Governor on the goals, financing, priorities and a state plan for prevention, intervention and treatment of alcohol and drug abuse problems, which encompasses all appropriate state agencies and is consistent with ORS 430.258, by January 1 of each even-numbered year.

      (c) Review alcohol and drug abuse programs and make recommendations to the Governor on the effectiveness and priorities for improvements of all such prevention and treatment programs for alcohol and drug problems engaged in or financed through state agencies by January 1 of each even-numbered year.

      (d) Review and approve the components of the local coordinated comprehensive plan created pursuant to ORS 417.775 that address alcohol and other drug prevention and treatment plans developed under ORS 430.258.

      (e) Work to ensure broad-based citizen involvement in the planning and execution of the alcohol and drug prevention and treatment plans at both the state and local level.

      (3) Members of the council are entitled to compensation and expenses as provided under ORS 292.495.

      (4) The Governor may remove any member for misconduct, incapacity or neglect of duty.

      (5) The Director of Human Services shall provide the technical and financial support as is required and authorized by the Legislative Assembly and as is necessary to carry out this section and ORS 409.010, 430.250, 430.257, 430.258, 430.259, 430.270, 430.290, 430.359, 430.368, 430.535 and 430.630. [1985 c.740 §4; 1999 c.1053 §34]

 

      Note: See note under 430.250.

 

      430.257 Legislative findings; comprehensive state plan; assistance for council. (1) The Legislative Assembly finds that alcohol and other drug use, abuse and addiction:

      (a) Pose significant social and public health problems for Oregon;

      (b) Impact the budgets and workloads of state and local agencies that provide services for children and families and contribute to incidences of crime, violence, accidents and deaths, as well as reducing worker productivity; and

      (c) Contribute substantially to the problems faced by a significant number of persons served by the Department of Human Services, Department of Corrections, Oregon Youth Authority, Juvenile Crime Prevention Advisory Committee and State Commission on Children and Families.

      (2) The Department of Human Services, Department of Corrections, Oregon Youth Authority, Juvenile Crime Prevention Advisory Committee and State Commission on Children and Families shall contribute to the development of a comprehensive state plan for alcohol and other drug prevention, intervention and treatment services.

      (3) The administrative heads of the Department of Education, Department of Human Services, Oregon State Police, Department of Transportation, Oregon Liquor Control Commission, Juvenile Crime Prevention Advisory Committee and State Commission on Children and Families shall each designate an individual, or in the instance of multidivisional departments, individuals, to serve as liaison to and assist the Governor’s Council on Alcohol and Drug Abuse Programs in meeting the policies, duties and responsibilities set forth in this section and ORS 409.010, 430.250, 430.255, 430.258, 430.259, 430.270, 430.290, 430.359, 430.368, 430.535 and 430.630. [1985 c.740 §6; 1987 c.660 §21; 1991 c.453 §2; 1999 c.1053 §35; 2001 c.900 §135]

 

      Note: See note under 430.250.

 

      430.258 Statewide plan of services for alcohol and drug abuse prevention and treatment. The Governor’s Council on Alcohol and Drug Abuse Programs shall prepare criteria and policies for a statewide plan of services for alcohol and other drug prevention and treatment for children and families to guide local alcohol and drug councils. Local commissions on children and families shall incorporate alcohol and other drug prevention and treatment plans developed pursuant to this section into the local coordinated comprehensive plan created under ORS 417.775. The criteria and policies prepared for the statewide plan of services shall:

      (1) Describe the need for prevention and treatment services and strategies, and the method by which state and federal resources shall be prioritized in order to meet the needs, including prevention and treatment for families with young children and adolescents;

      (2) Set forth principles guiding the purchase of prevention and treatment services and strategies from local community providers;

      (3) Identify outcomes for the provision of prevention and treatment services and strategies and a method for monitoring those outcomes;

      (4) Identify consistent standards for measuring prevention and treatment provision and success;

      (5) Outline a process for providing training and technical assistance to state and local community providers, including prevention and treatment for special needs populations; and

      (6) Identify how prevention and treatment services and strategies will link to other services and supports for children and families. [1999 c.1053 §31]

 

      430.259 State agencies to cooperate in plan. All state agencies providing alcohol and other drug prevention and treatment services and strategies, or purchasing prevention and treatment services and strategies from local community providers approved or licensed by the Department of Human Services, shall coordinate with the office to report expenditures and client data for the purposes of service capacity utilization and monitoring resources and outcomes coordination in the statewide plan of services and strategies for alcohol and other drug prevention and treatment for children and families prepared under ORS 430.258. [1999 c.1053 §32]

 

      430.260 [Formerly 430.090; repealed by 2001 c.900 §261]

 

      430.265 Contracts with federal government for services to alcohol and drug-dependent persons. The Department of Human Services 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]

 

      430.270 Publicizing effects of alcohol and drugs. The Department of Human Services, in consultation with the Governor’s Council on Alcohol and Drug Abuse Programs, 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. [Formerly 430.080; 1979 c.744 §23; 1985 c.740 §12]

 

      430.290 Prevention of alcoholism and drug dependency. (1) The objective of this section is to prevent alcoholism and drug dependency.

      (2) To carry out the objective of this section, the Department of Human Services shall:

      (a) Consult with and be advised by the Governor’s Council on Alcohol and Drug Abuse Programs and the Mental Health Advisory Board in identifying program priorities for the primary prevention of alcoholism and drug dependency.

      (b) Solicit program proposals that address identified priorities from agencies, associations, individuals or any political subdivision of this state and award and distribute moneys under this section in accordance with the provisions of this section.

      (3) Every applicant for a grant to develop a primary prevention of alcoholism program shall be assisted in its preparation by the local alcohol planning committee, if there be one, operating in the area to which the application relates. Every applicant shall establish to the satisfaction of the department that the committee was actively involved in the development and preparation of such program.

      (4) Every grant applicant shall include the recommendations of the local alcohol planning committee, if there be one, operating in the area. The department shall take the recommendations of the local alcohol planning committee into consideration before making or refusing a grant. [1973 c.582 §§1,2; 1985 c.740 §13]

 

      430.305 [1971 c.622 §2; repealed by 1973 c.682 §1 (430.306 enacted in lieu of 430.305)]

 

      430.306 Definitions for ORS 430.315 to 430.335, 430.397 and 430.399. As used in ORS 430.315 to 430.335, 430.397 and 430.399, 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) “Applicant” means a city, county or any combination thereof.

      (3) “Department” means the Department of Human Services.

      (4) “Detoxification center” means a publicly or privately operated profit or nonprofit facility approved by the department that provides emergency care or treatment for alcoholics or drug-dependent persons.

      (5) “Director of the treatment facility” means the person in charge of treatment and rehabilitation programs at a treatment facility.

      (6) “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.

      (7) “Halfway house” means a publicly or privately operated profit or nonprofit, residential facility approved by the department that provides rehabilitative care and treatment for alcoholics or drug-dependent persons.

      (8) “Local alcoholism planning committee” means a committee appointed or designated by the county governing body under ORS 430.342.

      (9) “Other treatment facility” includes outpatient facilities, inpatient facilities and such other facilities as the department determines suitable, 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 department. [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]

 

      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 Department of Human Services. In reviewing applications for certificate of need, the Director of Human Services 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]

 

      430.320 [1961 c.706 §22; repealed by 1963 c.490 §5]

 

      430.325 Prohibitions on local governments as to certain crimes. (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 controlled substances in public, being an alcoholic or a drug-dependent person, or being found in specified places under the influence of alcohol or controlled substances.

      (e) Using or being under the influence of controlled substances.

      (2) Nothing in subsection (1) of this section shall affect any local law or reg