2007 Oregon Code - Chapter 428 :: Chapter 428 - Nonresident Persons With Mental Disabilities
Chapter 428 —
Nonresident Persons With Mental Disabilities
2007 EDITION
NONRESIDENT PERSONS WITH MENTAL DISABILITIES
MENTAL HEALTH; ALCOHOL AND DRUG ABUSE
OBLIGATIONS CONCERNING NONRESIDENT PERSONS WITH MENTAL DISABILITIES
428.205Â Â Â Â Declaration
of policy
428.210Â Â Â Â Definitions
for ORS 428.210 to 428.270
428.220Â Â Â Â Determining
residence; admission to state hospital of person whose residence is not
established
428.230Â Â Â Â Return
of nonresident patients; admission of eligible persons
428.240Â Â Â Â Reciprocal
agreements for interstate exchange of nonresident patients
428.250Â Â Â Â Liability
for expenses of returning nonresident patients
428.260Â Â Â Â Transportation
of nonresident patients; payment of expenses
428.270Â Â Â Â Liability
of persons for care and return of nonresident persons with mental disabilities
INTERSTATE COMPACT ON MENTAL HEALTH
428.310Â Â Â Â Execution
and termination of compact concerning persons with mental disabilities
428.320Â Â Â Â Department
of Human Services as compact administrator; rules; supplementary agreements
428.330Â Â Â Â Dealing
with state not party to compact
     428.010 [Amended by 1955 c.597 §2; repealed by 1959 c.652 §24]
     428.020 [Repealed by 1959 c.652 §24]
     428.030 [Repealed by 1959 c.652 §24]
     428.040 [Amended by 1957 c.388 §13; repealed by 1959
c.652 §24]
     428.050 [Repealed by 1959 c.652 §24]
     428.060 [Repealed by 1959 c.652 §24]
     428.070 [Amended by 1957 c.92 §1; repealed by 1959
c.652 §24]
     428.080 [Repealed by 1959 c.652 §24]
     428.090 [Repealed by 1959 c.652 §24]
     428.100 [Repealed by 1959 c.652 §24]
     428.110 [Repealed by 1959 c.652 §24]
     428.120 [Repealed by 1959 c.652 §24]
     428.130 [Repealed by 1959 c.652 §24]
     428.140 [Repealed by 1959 c.652 §24]
     428.144 [1955 c.597 §4; repealed by 1959 c.652 §24]
     428.146 [1955 c.597 §5; repealed by 1959 c.652 §24]
     428.148 [1955 c.597 §6; repealed by 1959 c.652 §24]
     428.150 [Repealed by 1959 c.652 §24]
OBLIGATIONS
CONCERNING NONRESIDENT PERSONS WITH MENTAL DISABILITIES
     428.205
Declaration of policy. It is
declared to be the policy and intent of the Legislative Assembly that whenever
a person physically present in the State of Oregon is in need of
institutionalization by reason of mental illness or mental retardation, the
person shall be eligible for care and treatment in an institution of the State
of Oregon irrespective of the residence of the person, settlement or
citizenship qualifications. [1975 c.155 §2; 2007 c.70 §223]
     428.210
Definitions for ORS 428.210 to 428.270. As used in ORS 428.210 to 428.270:
     (1) “Department” means the Department of
Human Services.
     (2) “Foreign hospital” means an
institution in any other state which corresponds to the institutions defined in
subsection (7) of this section.
     (3) “Nonresident” means any person who is
not a resident of this state as defined in subsection (6) of this section.
     (4) “Other state” includes all the states,
territories, possessions, commonwealths and agencies of the
     (5) “Patient” means any person who has
been committed by a court of competent jurisdiction to a state hospital, except
a person committed to a state hospital pursuant to ORS 136.150 (1969
Replacement Part), 136.160 (1969 Replacement Part), 161.341 or 161.370.
     (6) “Resident of this state” means a person
who has lived in this state continuously for a period of one year and who has
not acquired legal residence in any other state by living continuously therein
for at least one year subsequent to the residence of the person in this state.
However, a service man or woman on active duty in the Armed Forces of the
United States who was domiciled in Oregon upon entry into active duty and who
has acquired no other domicile shall be entitled to have his or her children
considered a resident of this state so long as no other domicile is acquired by
the service man or woman.
     (7) “State hospital” means any institution
listed in ORS 426.010 or 427.010. [1957 c.388 §5; 1959 c.588 §19; 1967 c.299 §2;
1971 c.743 §368; 1977 c.380 §20; 2001 c.900 §131]
     428.220
Determining residence; admission to state hospital of person whose residence is
not established. (1) In
determining whether or not any person committed by a court of competent
jurisdiction to a state hospital or foreign hospital is a resident of this
state:
     (a) The time spent in a state hospital or
foreign hospital or on parole therefrom shall not be counted in determining the
residence of such person in this or any other state.
     (b) The residence of such person at the
time of commitment shall remain the residence of the person for the duration of
the commitment of the person.
     (2) The Department of Human Services may
give written authorization for the admission to a state hospital whenever:
     (a) The residence of any person cannot be
established after reasonable and diligent investigation and effort.
     (b) The peculiar circumstances of a case,
in the judgment of the department, provide a sufficient reason for the
suspension of the residence requirement provided by ORS 428.210 (6). [1957
c.388 §6]
     428.230
Return of nonresident patients; admission of eligible persons. (1) Except as provided in ORS 428.205,
428.220 and 428.330, the Department of Human Services shall return nonresident
patients to any other state in which they may have legal residence.
     (2) The department may give written
authorization for the return to a state hospital of a resident of
     (3) The superintendent of any state
hospital shall admit and care for any person eligible for admission pursuant to
subsection (2) of this section or ORS 428.220 (2) upon receipt of a certified
copy of the commitment papers and the written authorization of the department. [1957
c.388 §7; 1975 c.155 §5]
     428.240
Reciprocal agreements for interstate exchange of nonresident patients. (1) For the purpose of facilitating the
return of nonresident patients, the Department of Human Services may enter into
a reciprocal agreement with any other state for the mutual exchange of persons
committed by a court of competent jurisdiction to any state hospital or foreign
hospital, whose legal residence is in the otherÂ’s jurisdiction.
     (2) In such agreements, the department
may:
     (a) Only for purposes of mutual exchange
with the other state, vary the period of residence required by ORS 428.210 (6).
     (b) Provide for the arbitration of
disputes arising out of the mutual exchange of such persons between this state
and any other state. [1957 c.388 §8]
     428.250
Liability for expenses of returning nonresident patients. (1) Except as provided in ORS 428.270, all
expenses incurred under ORS 428.230 and 428.240 in returning nonresident
patients from this state to any other state shall be paid by this state.
     (2) All expenses of returning residents of
this state shall be borne by the other state making the return. [1957 c.388 §9]
     428.260
Transportation of nonresident patients; payment of expenses. (1) For the purpose of carrying out the
provisions of ORS 428.210 to 428.270, the Department of Human Services may employ
all help necessary in arranging for and transporting nonresident patients.
     (2) The cost and expense of providing such
assistance and all expenses incurred in effecting the transportation of such
patients shall be paid from funds appropriated for that purpose upon vouchers
approved by the department and the superintendent of the state hospital from
which such patients are transported. [1957 c.388 §10; 1985 c.511 §2]
     428.270
Liability of persons for care and return of nonresident persons with mental disabilities. (1) Any person, except an officer, agent or
employee of a common carrier acting in the line of duty, who brings or in any
way aids in bringing into this state any patient without the written
authorization of the Department of Human Services, shall be liable to this
state for all expenses incurred in the care of such patient and in the
transportation of such patient to the other state where the patient legally
resides.
     (2) Hospitals and sanitariums, other than
state hospitals, that care for and treat persons with mental illness or mental
retardation shall be responsible for the return of those persons to their
places of residence or domicile outside the state if they are brought into this
state for treatment and care and are discharged from such institutions without
being fully recovered.
     (3) Failure to comply with the provisions
of subsection (2) of this section shall render the person operating the
hospital or sanitarium liable to reimburse the state for all expenses incurred
in the care, maintenance and return of the persons with mental illness or
mental retardation to their places of residence or domicile outside the state. [1957
c.388 §11; 2007 c.70 §224]
INTERSTATE
COMPACT ON MENTAL HEALTH
     428.310
Execution and termination of compact concerning persons with mental
disabilities. The Department
of Human Services may execute and terminate a compact on behalf of the State of
______________________________________________________________________________
     The contracting states solemnly agree
that:
ARTICLE I
     The party states find that the proper and
expeditious treatment of the mentally ill and mentally deficient can be
facilitated by cooperative action, to the benefit of the patients, their
families, and society as a whole. Further, the party states find that the
necessity of and desirability for furnishing such care and treatment bears no
primary relation to the residence or citizenship of the patient but that, on
the contrary, the controlling factors of community safety and humanitarianism
require that facilities and services be made available for all who are in need
of them. Consequently, it is the purpose of this compact and of the party
states to provide the necessary legal basis for the institutionalization or
other appropriate care and treatment of the mentally ill and mentally deficient
under a system that recognizes the paramount importance of patient welfare and
to establish the responsibilities of the party states in terms of such welfare.
ARTICLE II
     As used in this compact:
     (a) “Sending state” shall mean a party
state from which a patient is transported pursuant to the provisions of the
compact or from which it is contemplated that a patient may be so sent.
     (b) “Receiving state” shall mean a party
state to which a patient is transported pursuant to the provisions of the
compact or to which it is contemplated that a patient may be so sent.
     (c) “Institution” shall mean any hospital
or other facility maintained by a party state or political subdivision thereof
for the care and treatment of mental illness or mental deficiency.
     (d) “Patient” shall mean any person
subject to or eligible as determined by the laws of the sending state, for
institutionalization or other care, treatment or supervision pursuant to the
provisions of this compact.
     (e) “After-care” shall mean care,
treatment and services provided a patient, as defined herein, on convalescent
status or conditional release.
     (f) “Mental illness” shall mean mental
disease to such extent that a person so afflicted requires care and treatment
for his own welfare, or the welfare of others, or of the community.
     (g) “Mental deficiency” shall mean mental
deficiency as defined by appropriate clinical authorities to such extent that a
person so afflicted is incapable of managing himself and his affairs, but shall
not include mental illness as defined herein.
     (h) “State” shall mean any state,
territory or possession of the
ARTICLE III
     (a) Whenever a person physically present
in any party state shall be in need of institutionalization by reason of mental
illness or mental deficiency, the person shall be eligible for care and
treatment in an institution in that state irrespective of the residence,
settlement or citizenship qualifications of the person.
     (b) The provisions of paragraph (a) of
this article to the contrary notwithstanding, any patient may be transferred to
an institution in another state whenever there are factors based upon clinical
determinations indicating that the care and treatment of said patient would be
facilitated or improved thereby. Any such institutionalization may be for the
entire period of care and treatment or for any portion or portions thereof. The
factors referred to in this paragraph shall include the patientÂ’s full record
with due regard for the location of the patientÂ’s family, character of the
illness and probable duration thereof, and such other factors as shall be
considered appropriate.
     (c) No state shall be obliged to receive
any patient pursuant to the provisions of paragraph (b) of this article unless
the sending state has given advance notice of its intention to send the
patient; furnished all available medical and other pertinent records concerning
the patient; given the qualified medical or other appropriate clinical
authorities of the receiving state an opportunity to examine the patient if
said authorities so wish; and unless the receiving state shall agree to accept
the patient.
     (d) In the event that the laws of the
receiving state establish a system of priorities for the admission of patients,
an interstate patient under this compact shall receive the same priority as a
local patient and shall be taken in the same order and at the same time that
the patient would be taken if the patient were a local patient.
     (e) Pursuant to this compact, the
determination as to the suitable place of institutionalization for a patient
may be reviewed at any time and such further transfer of the patient may be
made as seems likely to be in the best interest of the patient.
ARTICLE IV
     (a) Whenever, pursuant to the laws of the
state in which a patient is physically present, it shall be determined that the
patient should receive after-care or supervision, such care or supervision may
be provided in a receiving state. If the medical or other appropriate clinical authorities
having responsibility for the care and treatment of the patient in the sending
state shall have reason to believe that after-care in another state would be in
the best interest of the patient and would not jeopardize the public safety,
they shall request the appropriate authorities in the receiving state to
investigate the desirability of affording the patient such after-care in said
receiving state, and such investigation shall be made with all reasonable
speed. The request for investigation shall be accompanied by complete
information concerning the patientÂ’s intended place of residence and the
identity of the person in whose charge it is proposed to place the patient, the
complete medical history of the patient, and such other documents as may be
pertinent.
     (b) If the medical or other appropriate
clinical authorities having responsibility for the care and treatment of the
patient in the sending state and the appropriate authorities in the receiving
state find that the best interest of the patient would be served thereby, and
if the public safety would not be jeopardized thereby, the patient may receive
after-care or supervision in the receiving state.
     (c) In supervising, treating or caring for
a patient on after-care pursuant to the terms of this article, a receiving
state shall employ the same standards of visitation, examination, care and
treatment that it employs for similar local patients.
ARTICLE V
     Whenever a dangerous or potentially
dangerous patient escapes from an institution in any party state, that state
shall promptly notify all appropriate authorities within and without the
jurisdiction of the escape in a manner reasonably calculated to facilitate the
speedy apprehension of the escapee. Immediately upon the apprehension and
identification of any such dangerous or potentially dangerous patient, the
patient shall be detained in the state where found pending disposition in
accordance with law.
ARTICLE VI
     The duly accredited officers of any state
party to this compact, upon the establishment of their authority and the
identity of the patient, shall be permitted to transport any patient being
moved pursuant to this compact through any and all states party to this
compact, without interference.
ARTICLE VII
     (a) No person shall be deemed a patient of
more than one institution at any given time. Completion of transfer of any
patient to an institution in a receiving state shall have the effect of making
the person a patient of the institution in the receiving state.
     (b) The sending state shall pay all costs
of and incidental to the transportation of any patient pursuant to this
compact, but any two or more party states may, by making a specific agreement
for that purpose, arrange for a different allocation of costs as among
themselves.
     (c) No provision of this compact shall be
construed to alter or affect any internal relationships among the departments,
agencies and officers of and in the government of a party state, or between a
party state and its subdivisions, as to the payment of costs, or responsibilities
therefor.
     (d) Nothing in this compact shall be
construed to prevent any party state or subdivision thereof from asserting any
right against any person, agency or other entity in regard to costs for which
such party state or subdivision thereof may be responsible pursuant to any
provision of this compact.
     (e) Nothing in this compact shall be
construed to invalidate any reciprocal agreement between a party state and a
nonparty state relating to institutionalization, care or treatment of the
mentally ill or mentally deficient, or any statutory authority pursuant to
which such agreements may be made.
ARTICLE VIII
     (a) Nothing in this compact shall be
construed to abridge, diminish, or in any way impair the rights, duties and
responsibilities of any patientÂ’s guardian on the guardianÂ’s own behalf or in
respect of any patient for whom the guardian may serve, except that where the
transfer of any patient to another jurisdiction makes advisable the appointment
of a supplemental or substitute guardian, any court of competent jurisdiction
in the receiving state may make such supplemental or substitute appointment and
the court which appointed the previous guardian shall upon being duly advised
of the new appointment, and upon the satisfactory completion of such accounting
and other acts as such court may by law require, relieve the previous guardian
of power and responsibility to whatever extent shall be appropriate in the
circumstances; provided, however, that in the case of any patient having settlement
in the sending state, the court of competent jurisdiction in the sending state
shall have the sole discretion to relieve a guardian appointed by it or
continue the power and responsibility of the guardian, whichever it shall deem
advisable. The court in the receiving state may, in its discretion, confirm or
reappoint the person or persons previously serving as guardian in the sending
state in lieu of making a supplemental or substitute appointment.
     (b) The term “guardian” as used in
paragraph (a) of this article shall include any guardian, trustee, legal
committee, conservator or other person or agency however denominated who is
charged by law with responsibility for the property of a patient.
ARTICLE IX
     (a) No provision of this compact except
Article V shall apply to any person institutionalized while under sentence in a
penal or correctional institution or while subject to trial on a criminal
charge, or whose institutionalization is due to the commission of an offense
for which, in the absence of mental illness or mental deficiency, said person
would be subject to incarceration in a penal or correctional institution.
     (b) To every extent possible, it shall be
the policy of states party to this compact that no patient shall be placed or
detained in any prison, jail or lockup, but such patient shall, with all
expedition, be taken to a suitable institutional facility for mental illness or
mental deficiency.
ARTICLE X
     (a) Each party state shall appoint a “compact
administrator” who, on behalf of the state of the compact administrator, shall
act as general coordinator of activities under the compact in the state of the
compact administrator and who shall receive copies of all reports,
correspondence, and other documents relating to any patient processed under the
compact by the state of the compact administrator either in the capacity of
sending or receiving state. The compact administrator or the duly designated
representative of the compact administrator shall be the official with whom
other party states shall deal in any matter relating to the compact or any
patient processed thereunder.
     (b) The compact administrators of the
respective party states shall have power to promulgate reasonable rules and
regulations to carry out more effectively the terms and provisions of this
compact.
ARTICLE XI
     The duly constituted administrative
authorities of any two or more party states may enter into supplementary
agreements for the provision of any service or facility or for the maintenance
of any institution on a joint or cooperative basis whenever the states
concerned shall find that such agreements will improve services, facilities, or
institutional care and treatment in the fields of mental illness or mental
deficiency. No such supplementary agreement shall be construed so as to relieve
any party state of any obligation which it otherwise would have under other
provisions of this compact.
ARTICLE XII
     This compact shall enter into full force
and effect as to any state when entered into according to law and such state shall
thereafter be a party thereto with any and all states legally joining therein.
ARTICLE XIII
     (a) A state party to this compact may
withdraw therefrom as provided by law and such renunciation shall be by the
same authority which executed it. Such withdrawal shall take effect one year
after notice thereof has been communicated officially and in writing to the
governors and compact administrators of all other party states. However, the
withdrawal of any state shall not change the status of any patient who has been
sent to said state or sent out of said state pursuant to the provisions of the
compact.
     (b) Withdrawal from any agreement
permitted by Article VII (b) as to costs or from any supplementary agreement
made pursuant to Article XI shall be in accordance with the terms of such
agreement.
ARTICLE XIV
     This compact shall be liberally construed
so as to effectuate the purposes thereof. The provisions of this compact shall
be severable and if any phrase, clause, sentence or provision of this compact
is declared to be contrary to the constitution of any party state or of the
United States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state party thereto, the compact shall remain in full force
and effect as to the remaining states and in full force and effect as to the
state affected as to all severable matters.
______________________________________________________________________________
[1957 c.388 §14]
     428.320
Department of Human Services as compact administrator; rules; supplementary
agreements. The Department
of Human Services shall carry out the duties of compact administrator, may
promulgate rules and regulations to carry out more effectively the terms of the
compact, and may enter into supplementary agreements with appropriate officials
of other states pursuant to Articles VII and XI of the compact. The power of
termination of the compact formerly vested in the Board of Control under ORS
428.310 is vested in the department. [1957 c.388 §15; 1961 c.706 §28]
     428.330
Dealing with state not party to compact. (1) The Department of Human Services may comply with the terms of the
Interstate Compact on Mental Health in dealing with a state which is not a
party of the interstate compact.
     (2) When the department acts under
subsection (1) of this section, the term “party state,” as used in the
Interstate Compact on Mental Health, includes states which are not parties of
the interstate compact. [1975 c.155 §3]
     428.410 [1959 c.588 §1; 1965 c.339 §24; repealed by
1971 c.75 §2]
     428.420 [1959 c.588 §2; 1965 c.339 §25; repealed by
1971 c.75 §2]
     428.430 [1959 c.588 §3; repealed by 1971 c.75 §2]
     428.440 [1959 c.588 §4; repealed by 1971 c.75 §2]
     428.450 [1959 c.588 §5; repealed by 1971 c.75 §2]
     428.460 [1959 c.588 §6; repealed by 1971 c.75 §2]
     428.470 [1959 c.588 §7; repealed by 1971 c.75 §2]
     428.480 [1959 c.588 §8; repealed by 1971 c.75 §2]
     428.490 [1959 c.588 §12; 1963 c.395 §1; 1969 c.597 §95;
repealed by 1971 c.75 §2]
     428.500 [1959 c.588 §11; repealed by 1971 c.75 §2]
     428.510 [1959 c.588 §16; repealed by 1971 c.75 §2]
     428.520 [1959 c.588 §9; repealed by 1971 c.75 §2]
     428.530 [1959 c.588 §10; repealed by 1971 c.75 §2]
     428.540 [1959 c.588 §14; renumbered 427.012]
     428.550 [1959 c.588 §26; repealed by 1971 c.75 §2]
_______________
CHAPTER 429
[Reserved for expansion]
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