2011 Oregon Revised Statutes
ORS Volume 10, Chapters 366 - 430
ORS Chapter 430

• 430.010 Definitions.
• 430.020 [1961 c.706 2; 1965 c.339 20; repealed by 1969 c.597 82 (430.021 enacted in lieu of 430.020)] MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES
• 430.021 Functions of Department of Human Services and Oregon Health Authority; report to authority on use of restraint or seclusion; rules.
• 430.030 Application of ORS 430.021.
• 430.040 [1961 c.706 6,8(2); repealed by 1963 c.490 1 (430.041 enacted in lieu of 430.040)]
• 430.041 [1963 c.490 2 (enacted in lieu of 430.040); repealed by 2001 c.900 261]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.
• 430.060 [1961 c.706 9; repealed by 1963 c.490 5]
• 430.065 [1991 c.654 1; 2001 c.900 134; repealed by 2005 c.705 2]
• 430.070 [1961 c.706 10; repealed by 1963 c.490 5]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.
• 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.
• Note: See note under 430.071.
• 430.075 Consumer participation on task forces, commissions, advisory groups and committees.
• Note: See note under 430.071.
• 430.078 Rules.
• 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• 430.100 [1961 c.706 19; 1967 c.263 2; 1969 c.314 37; 1969 c.597 87; 1971 c.622 5; 1973 c.697 7; repealed by 1985 c.740 18]
• 430.103 [1969 c.459 1; 1971 c.484 1; repealed by 1973 c.697 21]
• 430.107 [1969 c.442 3; repealed by 1973 c.697 21]
• 430.110 [1961 c.706 16; 1969 c.597 88; 1973 c.247 1; repealed by 2001 c.900 261]
• 430.120 [1961 c.706 17; 1963 c.471 3; repealed by 1973 c.807 4]
• 430.130 [1961 c.706 12; repealed by 1963 c.490 5]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.
• 430.150 [1961 c.706 13,14; repealed by 1963 c.490 5]
• 430.160 Federal funds deposited in special account.
• 430.165 Fee schedules; collection of fees; definition.
• 430.170 [1971 c.306 8; 1999 c.829 5; 2009 c.595 468; repealed by 2011 c.720 228]
• 430.180 [1977 c.384 2; 1989 c.116 6; 2001 c.487 15; repealed by 2009 c.595 1204]
• 430.190 [1983 c.562 4; 1985 c.494 4; 1989 c.116 8; 2001 c.900 232; repealed by 2009 c.595 1204]
• 430.195 Receipt of funds for client use; disbursements from trust accounts; authority of other agencies.
• Note: 430.195 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.197 Mental Health Services Fund.
• Note: 430.197 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.205 Definitions for ORS 430.205 and 430.210.
• 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.
• Note: 430.212 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.215 Responsibility for developmental disability services and psychiatric treatment services for children.
• Note: 430.215 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.216 Report to Legislative Assembly.
• Note: 430.216 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.218 [2005 c.805 1; renumbered 427.450 in 2011]
• 430.240 [1991 c.574 2; 2009 c.595 473; 2011 c.673 16; renumbered 430.254 in 2011] ALCOHOL AND DRUG ABUSE (Alcohol and Drug Policy Commission)
• 430.241 Commission; members; terms; budget advisory committee.
• Note: Section 29, chapter 856, Oregon Laws 2009, provides:
• Sec. 29.
• Note: The amendments to 430.241 by section 23, chapter 731, Oregon Laws 2011, do not apply to the Superintendent of Public Instruction who was holding office on August 5, 2011, or a Deputy Superintendent of Public Instruction who is appointed under the authority of the Superintendent of Public Instruction who was holding office on August 5, 2011. See section 26, chapter 731, Oregon Laws 2011.
• Note: 430.241 and 430.242 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.
• 430.242 Commission duties.
• Note: See third note under 430.241.
• 430.250 [1985 c.740 1; 1999 c.1053 33; repealed by 2009 c.856 27] (Prevention, Intervention and Treatment)
• 430.254 Goal of treatment programs for persons with drug dependence.
• Note: 430.254 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.255 [1985 c.740 4; 1999 c.1053 34; 2009 c.595 474; repealed by 2009 c.856 27]
• 430.256 Planning and administering alcohol and drug treatment programs; establishment of guidelines for program reviews and audits; rules.
• Note: 430.256 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.257 [1985 c.740 6; 1987 c.660 21; 1991 c.453 2; 1999 c.1053 35; 2001 c.900 135; 2009 c.595 475; repealed by 2009 c.856 27]
• 430.258 [1999 c.1053 31; repealed by 2009 c.856 27]
• 430.259 [1999 c.1053 32; 2009 c.595 476; repealed by 2009 c.856 27]
• 430.260 [Formerly 430.090; repealed by 2001 c.900 261]
• 430.265 Contracts with federal government for services to alcohol and drug-dependent persons.
• 430.270 Publicizing effects of alcohol and drugs.
• 430.272 Inhalant abuse; education resources.
• Note: 430.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.290 [1973 c.582 1,2; 1985 c.740 13; 2009 c.595 479; 2009 c.856 10,19; repealed by 2011 c.673 45]
• 430.305 [1971 c.622 2; repealed by 1973 c.682 1 (430.306 enacted in lieu of 430.305)]
• 430.306 Definitions.
• 430.310 [1961 c.706 21; repealed by 1963 c.490 5]
• 430.315 Policy.
• 430.320 [1961 c.706 22; repealed by 1963 c.490 5]
• 430.325 [1971 c.622 3; 1973 c.795 6; 1975 c.715 1; 1977 c.745 39; 1983 c.338 928; renumbered 430.402 in 2011]
• 430.330 [1961 c.706 23; repealed by 1963 c.490 5]
• 430.335 Responsibility of Oregon Health Authority relating to alcohol and drug dependence.
• 430.338 Purposes of laws related to alcoholism.
• Note: 430.338 and 430.342 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.340 [1961 c.706 11; repealed by 1963 c.490 5]
• 430.342 Local planning committees; duties; members.
• Note: See note under 430.338.
• 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 Minimum standards; rules.
• 430.359 Funding of services.
• 430.360 [1973 c.682 6; 1977 c.856 9; renumbered 430.357]
• 430.362 Application requirements for priority consideration.
• 430.364 Consideration given requests for priority.
• 430.365 [1973 c.682 7,11; 1975 c.424 8; 1977 c.856 9; renumbered 430.359]
• 430.366 Requirements for service proposals and data reporting.
• 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.
• Note: 430.395 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.
• 430.397 Voluntary admission of person to treatment facility; notice to parent or guardian.
• Note: 430.397 to 430.401 were added to and made a part of ORS chapter 426 by legislative action but were not added to ORS chapter 430 or any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 430.399 When person must be taken to treatment facility; admission or referral; when jail custody may be used; confidentiality of records.
• Note: See note under 430.397.
• 430.400 [Formerly 475.295; repealed by 1995 c.440 41] (Miscellaneous)
• 430.401 Liability of public officers.
• Note: See note under 430.397.
• 430.402 Prohibitions on local governments as to crimes involving use of alcohol or drugs.
• 430.405 Drug-dependent person defined for ORS 430.415.
• 430.415 Drug dependence as illness.
• 430.420 Integration of drug treatment services into criminal justice system; plans.
• Note: 430.420 to 430.426 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.422 Drug Prevention and Education Fund.
• Note: See note under 430.420.
• 430.424 Distribution of funds; funding criteria.
• Note: See note under 430.420.
• 430.425 [1973 c.697 4,5; repealed by 1985 c.740 18]
• 430.426 Rules; acceptance of gifts, grants and donations.
• Note: See note under 430.420. DIVERSION PROGRAMS (Definitions)
• 430.450 Definitions for ORS 430.450 to 430.555.
• 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.
• 430.520 [1977 c.871 4; repealed by 1985 c.740 18]
• 430.525 [1977 c.871 5,13; repealed by 1985 c.740 18] (Administration)
• 430.535 Requirement to develop bilingual forms.
• 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.
• 430.560 Oregon Health Authority adoption of requirements for contracted drug treatment programs; rules.
• 430.565 Nonapplicability of drug laws to certain persons in treatment program.
• 430.570 Information concerning opiate inhibitors to drug dependent persons.
• 430.580 [1983 c.601 2; repealed by 1987 c.411 5]
• 430.590 Regulation of location of methadone clinic; enforcement.
• Note: 430.590 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. LOCAL MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES (Generally)
• 430.610 Legislative policy.
• 430.620 Establishment of community mental health and developmental disabilities programs by one or more counties.
• 430.625 [1989 c.777 2; 2005 c.691 1; 2007 c.70 229; renumbered 430.631 in 2011] (Mental Health Programs)
• 430.630 Services to be provided by community mental health programs; local mental health authorities; local mental health services plan.
• 430.631 Local advisory committees.
• Note: 430.631 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.632 Biennial report on implementation of comprehensive local plan for delivery of mental health services.
• Note: 430.632 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.634 Evaluation of programs; population schedule for distributing funds.
• 430.635 [1991 c.777 1; 2009 c.595 510; renumbered 430.708 in 2011]
• 430.640 Duties of Oregon Health Authority in assisting and supervising community mental health programs; rules.
• 430.642 [1995 c.270 2; repealed by 2001 c.900 261]
• 430.644 Priorities for services provided by community mental health programs.
• 430.646 Priorities for services for persons with mental or emotional disturbances.
• 430.648 Funding distribution formula; matching funds; administrative expenses.
• 430.650 [1961 c.706 41; 1963 c.490 3; 1965 c.179 1; 1967 c.70 1; 1973 c.639 5; 1974 c.56 1; repealed by 1981 c.750 17]
• 430.651 Use of population data in funding formula.
• Note: 430.651 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.655 [1973 c.639 9; repealed by 1981 c.750 17]
• 430.660 [1961 c.706 42; 1973 c.639 6; renumbered 430.694 in 2011] (Developmental Disabilities Programs)
• 430.662 Duties of Department of Human Services in assisting and supervising community developmental disabilities programs; rules.
• Note: 430.662 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.664 Additional developmental disability services that may be provided.
• Note: 430.664 was added to and made a part of 430.610 to 430.695 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
• 430.665 [1981 c.750 5; 2005 c.691 4; 2007 c.70 232; 2009 c.595 512; renumbered 430.634 in 2011] (Contracting for Services)
• 430.670 Contracts to provide services; approval of department or authority; competition for subcontracts; exception.
• 430.672 Contract requirements for community mental health or developmental disabilities programs.
• 430.673 Mediation; retaliation prohibited; action for damages; attorney fees; rules.
• 430.675 [1981 c.750 6; 2005 c.691 5; 2009 c.595 516; renumbered 430.644 in 2011]
• 430.685 [1981 c.750 10; 2007 c.70 233; 2009 c.595 517; renumbered 430.646 in 2011]
• 430.690 [1981 c.750 8,11; 2009 c.595 518; renumbered 430.648 in 2011]
• 430.693 [2007 c.417 1; 2009 c.595 519; renumbered 430.651 in 2011] (Miscellaneous)
• 430.694 Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds.
• 430.695 Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts.
• 430.700 [1981 c.750 13; repealed by 1995 c.79 220] CHILDREN S MENTAL HEALTH SERVICES
• 430.705 Mental health services for children.
• 430.708 Priority for preventive services for children.
• Note: 430.708 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.710 [1963 c.581 1; repealed by 1969 c.321 9 and 1969 c.597 281]
• 430.715 Hospital services; child care and residential treatment programs; other services.
• 430.720 [1963 c.581 2; repealed by 1969 c.321 9 and 1969 c.597 281]
• 430.725 Gifts and grants.
• 430.730 [1963 c.581 3; repealed by 1971 c.109 1] ABUSE REPORTING FOR ADULTS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES
• 430.731 Uniform investigation procedures; rules.
• Note: 430.731 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• Note: Sections 8 and 43, chapter 837, Oregon Laws 2009, provide:
• Sec. 8.
• Sec. 43.
• 430.735 Definitions for ORS 430.735 to 430.765.
• Note: 430.735 to 430.765 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.737 Mandatory reports and investigations.
• Note: See note under 430.735.
• 430.740 [1963 c.581 4; repealed by 1969 c.321 9]
• 430.743 Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services.
• Note: See note under 430.735.
• 430.745 Investigation of abuse; notice to medical examiners; findings; recommendations.
• Note: The amendments to 430.745 by section 18, chapter 837, Oregon Laws 2009, become operative July 1, 2015. See section 41, chapter 837, Oregon Laws 2009. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
• 430.745. (1) Upon receipt of any report of alleged abuse of an adult, or upon receipt of a report of a death of an adult that may have been caused by other than accidental or natural means, the Department of Human Services or its designee shall investigate promptly to determine if abuse occurred or whether a death was caused by abuse. If the department or its designee determines that a law enforcement agency is conducting an investigation of the same incident, the department or its designee need not conduct its own investigation. (2) The department or its designee may enter a facility and inspect and copy records of a facility or community program if necessary for the completion of the investigation. (3) In cases in which the department, its designee or the law enforcement agency conducting the investigation finds reasonable cause to believe that an adult has died as a result of abuse, it shall report that information to the appropriate medical examiner. The medical examiner shall complete an investigation as required under ORS chapter 146 and report the findings to the department, its designee or the law enforcement agency. (4) Upon completion of an investigation conducted by a law enforcement agency, that agency shall provide the department or its designee with a report of its findings and supporting evidence. (5) If the department or its designee determines that there is reasonable cause to believe that abuse occurred at a facility or that abuse was caused or aided by a person licensed by a licensing agency to provide care or services, the department or its designee shall immediately notify each appropriate licensing agency and provide each licensing agency with a copy of its investigative findings. (6) Upon completion of the investigation, the department or its designee shall prepare written findings that include recommended actions and a determination of whether protective services are needed. The department or its designee shall provide appropriate protective services as necessary to prevent further abuse of the adult. Any protective services provided shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence that is available within existing resources. (7) If the department or its designee determines that there is reason to believe a crime has occurred, the department or its designee shall report the findings to the appropriate law enforcement agency. The law enforcement agency must confirm its receipt of the report to the department or its designee. The agency shall notify the department or its designee of its determination: (a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation; (b) That the findings have been given to the district attorney for review; or (c) That there will be a criminal investigation. (8) If a law enforcement agency gives the findings of the department or its designee to the district attorney for review, the district attorney shall notify the department or its designee that the district attorney has received the findings and shall inform the department or its designee whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department or its designee. (9) If a district attorney files charges stemming from a report from the department or its designee and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department or its designee of the determination and shall include information explaining the basis for the determination.
• Note: See note under 430.735.
• 430.746 Training requirements for persons investigating reports of alleged abuse.
• Note: See note under 430.735.
• 430.747 Photographs of victim during investigation; exception; photographs as records.
• Note: See note under 430.735.
• 430.750 [1963 c.581 5; repealed by 1969 c.321 9]
• 430.753 Immunity of persons making reports in good faith; confidentiality.
• Note: See note under 430.735.
• 430.755 Retaliation prohibited; liability for retaliation.
• Note: See note under 430.735.
• 430.756 Immunity of employer reporting abuse by employee.
• Note: 430.756 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.757 Reports of abuse to be maintained by Department of Human Services.
• Note: See note under 430.735.
• 430.760 [1969 c.253 1; repealed by 1985 c.555 26]
• 430.763 Confidentiality of records; when record may be made available to agency.
• Note: See note under 430.735.
• 430.765 Duty of officials to report abuse; exceptions for privileged communications; exception for religious practice.
• Note: See note under 430.735.
• 430.768 Claims of self-defense addressed in certain reports of abuse; review teams; rules.
• Note: 430.768 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
• 430.770 [1969 c.253 2; repealed by 1985 c.555 26]
• 430.780 [1969 c.253 3; repealed by 1985 c.555 26]
• 430.790 [1969 c.253 4; repealed by 1985 c.555 26]
• 430.810 [1969 c.253 5; repealed by 1985 c.555 26]
• 430.820 [1969 c.253 6; repealed by 1985 c.555 26] PROGRAM FOR PERSONS CONVICTED OF DRIVING UNDER INFLUENCE OF ALCOHOL; CRIMES COMMITTED WHILE INTOXICATED
• 430.850 Treatment program; eligibility.
• 430.860 Participation in program; report to court.
• 430.870 Rules.
• 430.880 Gifts, grants or services.
• 430.890 [1973 c.817 4; repealed by 1979 c.419 3]
• 430.891 [1975 c.150 4; repealed by 1979 c.419 3] ALCOHOL AND DRUG TREATMENT DURING PREGNANCY
• 430.900 Definitions for ORS 430.900 to 430.930.
• 430.905 Policy.
• 430.910 [1989 c.1046 2; repealed by 2001 c.900 261]
• 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.
• 430.950 [1991 c.706 1; repealed by 2001 c.900 261]
• 430.955 Standardized screening instrument; assessing drug use during pregnancy.
• Note: 430.955 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. _______________