US Laws, Codes, Statutes & Cases

Chapter 430 — Administration; Alcohol and Drug Abuse Programs

 

2007 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; report to department on use of restraint or seclusion; rules

 

430.030     Application of ORS 430.021

 

430.050     Mental Health Advisory Board; Disability Issues Advisory Committee; rules

 

430.071     Policy to support and promote self-determination

 

430.073     Consumer Advisory Council

 

430.075     Consumer participation on task forces, commissions, advisory groups and committees

 

430.078     Rules

 

430.140     Federal grants for promoting mental health

 

430.160     Federal funds deposited in special account

 

430.165     Fee schedules; collection of fees; definition

 

430.170     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     “Drug-dependent person” defined for ORS 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; rules

 

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 persons with mental or emotional disturbances

 

430.690     Funding distribution formula; matching funds; administrative expenses

 

430.693     Use of population data in funding formula

 

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 WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES

 

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 disturbances.

      (4) “Outpatient service” means:

      (a) A program or service providing treatment by appointment and by medical or osteopathic physicians licensed by the Oregon Medical Board 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 disturbances. [Derived from 1961 c.706 §§1, 37; 1969 c.597 §81; 1983 c.601 §1; 1987 c.411 §4; 1989 c.721 §52; 1991 c.292 §1; 2001 c.900 §132; 2007 c.70 §225]

 

      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; report to department on use of restraint or seclusion; rules. Subject to ORS 417.300 and 417.305:

      (1) The Department of Human Services shall:

      (a) Direct, promote, correlate and coordinate all the activities, duties and direct services for persons with mental or emotional disturbances, mental retardation, developmental disabilities, alcoholism or drug dependence; and

      (b) 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.

      (7) The department shall adopt rules to require a facility and a nonhospital facility as those terms are defined in ORS 426.005, and a provider that employs a person described in ORS 426.415, if subject to department rules regarding the use of restraint or seclusion during the course of mental health treatment of a child or adult, to report to the department each calendar quarter the number of incidents involving the use of restraint or seclusion. The aggregate data shall be made available to the public. [1969 c.597 §83 (enacted in lieu of 430.020); 1973 c.795 §4; 1983 c.601 §4; 1987 c.660 §20; 1989 c.116 §3; 1989 c.834 §17; 1991 c.122 §8; 2001 c.900 §133; 2007 c.70 §226; 2007 c.164 §1]

 

      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; Disability Issues Advisory Committee; rules. (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 persons with disabilities 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, “person with a disability” 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; 2007 c.70 §227]

 

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

 

      430.065 [1991 c.654 §1; 2001 c.900 §134; repealed by 2005 c.705 §2]

 

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

 

      430.071 Policy to support and promote self-determination. The Department of Human Services shall adopt a policy that supports and promotes self-determination for persons receiving mental health services. The policy shall be designed to remove barriers that:

      (1) Segregate persons with disabilities from full participation in the community in the most integrated setting in accordance with the United States Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999); and

      (2) Prevent persons with disabilities from enjoying a meaningful life, the benefits of community involvement and citizen rights guaranteed by law. [2007 c.805 §1]

 

      Note: 430.071 to 430.078 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      430.073 Consumer Advisory Council. (1) As used in this section and ORS 430.075, “consumer” means a person who has received or is receiving mental health or addiction services.

      (2) The Director of Human Services shall establish a Consumer Advisory Council to advise the director on the provision of mental health services by the Department of Human Services. The council may review, evaluate and provide feedback on all site reviews related to mental health services provided by the department.

      (3) The director shall appoint 15 to 25 consumers to the council. In making appointments, the director shall strive to balance the representation according to geographic areas of the state and age.

      (4) The department shall provide administrative support to the council.

      (5) Members of the council are not entitled to compensation or reimbursement of expenses under ORS 292.495. [2007 c.805 §2]

 

      Note: See note under 430.071.

 

      430.075 Consumer participation on task forces, commissions, advisory groups and committees. (1) Subject to the limitations in subsection (2) of this section, at least 20 percent of the membership of all task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109, shall be consumers, with representation balanced by age.

      (2) Subsection (1) of this section applies only to task forces, commissions, advisory groups and committees established by a public body, as defined in ORS 174.109, that:

      (a) Primarily relate to persons with mental health or addiction issues; and

      (b) Are subject to ORS 192.630. [2007 c.805 §3]

 

      Note: See note under 430.071.

 

      430.078 Rules. The Department of Human Services shall adopt rules to implement ORS 430.071 to 430.075. [2007 c.805 §4]

 

      Note: See note under 430.071.

 

      430.080 [1961 c.706 §7; 1967 c.263 §1; 1973 c.697 §6; renumbered 430.270]

 

      430.090 [1961 c.706 §8(1); renumbered 430.260]

 

      430.095 [1969 c.637 §1; renumbered 430.265]

 

      430.100 [1961 c.706 §19; 1967 c.263 §2; 1969 c.314 §37; 1969 c.597 §87; 1971 c.622 §5; 1973 c.697 §7; repealed by 1985 c.740 §18]

 

      430.103 [1969 c.459 §1; 1971 c.484 §1; repealed by 1973 c.697 §21]

 

      430.107 [1969 c.442 §3; repealed by 1973 c.697 §21]

 

      430.110 [1961 c.706 §16; 1969 c.597 §88; 1973 c.247 §1; repealed by 2001 c.900 §261]

 

      430.120 [1961 c.706 §17; 1963 c.471 §3; repealed by 1973 c.807 §4]

 

      430.130 [1961 c.706 §12; repealed by 1963 c.490 §5]

 

      430.140 Federal grants for promoting mental health. (1) The 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 a