Chapter 179 — Chapter 179

ORS 179.470 [Repealed by 1969 c.597 §281]

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ORS 179.471 Definitions for ORS 179.473 and 179.478. As used in ORS 179.473 and 179.478, unless the context requires otherwise

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ORS 179.473 Transfers between institutions; rules. (1) Whenever the health and welfare of the person and the efficient administration of the institution require the transfer of an adult in custody in a Department of Corrections institution or an adjudicated youth in a youth correction facility to another institution or facility

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ORS 179.474 [1957 c.160 §1; repealed by 1965 c.616 §83 (179.473 enacted in lieu of 179.474)]

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ORS 179.475 [1977 c.601 §3; 1987 c.320 §127; 1999 c.110 §3; repealed by 2005 c.439 §5]

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ORS 179.476 [1957 c.160 §2; 1965 c.616 §85; 1969 c.597 §41; 1975 c.662 §2; repealed by 1977 c.601 §8]

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ORS 179.477 [1977 c.601 §4; 1979 c.408 §6; 1985 c.242 §6; 1987 c.320 §128; 1999 c.110 §4; 2001 c.104 §59; repealed by 2005 c.439 §5]

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ORS 179.478 Examination for intellectual disability; commitment hearing; transfer to facility for persons with intellectual disability; termination of sentence. (1) If an adult in custody or adjudicated youth, a relative, guardian or friend of an adult in custody or adjudicated youth, or institution staff have probable cause to believe that an adult in custody or adjudicated youth is a person with an intellectual disability to such a degree that the adult in custody or adjudicated youth cannot adjust to or benefit from the Department of Corrections institution or youth correction facility, the superintendent of the institution shall request that a diagnostic evaluation described in ORS 427.105 be performed by the Department of Human Services or its designee. If there is probable cause to believe that the adult in custody or adjudicated youth is a person with an intellectual disability and is in need of commitment for residential care, treatment and training pursuant to ORS 427.235 to 427.292, the adult in custody or adjudicated youth shall be entitled to a commitment hearing

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ORS 179.479 Conveyance of adults in custody from institution to physician or hospital for treatment; rules. (1) The superintendent or other chief executive officer of an institution described in ORS 179.321 may, when authorized by regulation or direction of the Department of Corrections or the Oregon Health Authority, convey an adult in custody to a physician, clinic or hospital, including the Oregon Health and Science University, for medical, surgical or dental treatment when such treatment cannot satisfactorily be provided at the institution. An adult in custody conveyed for treatment pursuant to this section shall be kept in the custody of the institution from which the adult in custody is conveyed

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ORS 179.480 [Amended by 1955 c.86 §1; repealed by 1957 c.160 §6]

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ORS 179.483 Time spent pursuant to transfer or conveyance counted as part of sentence. Any time spent by an adult in custody in a Department of Corrections institution pursuant to a transfer or conveyance shall be counted as part of the sentence being served by the adult in custody. [1957 c.160 §4; 1987 c.320 §131; 2019 c.213 §50]

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ORS 179.485 Rights of person transferred to institution for persons with mental illness or intellectual disabilities. Persons transferred to a state institution for persons with mental illness or intellectual disabilities under ORS 179.473, 179.478 and 420.505 shall be entitled to the same legal rights as any other persons admitted to those institutions. [1977 c.601 §6; 2007 c.70 §45; 2011 c.658 §34]

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ORS 179.486 Payment of costs in connection with transfers and conveyances; medical reports to accompany certain inmates. (1) The institution from which a transfer or conveyance is made shall pay from its appropriation the cost of such of the following items as may be incurred in a particular case

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ORS 179.490 Authorization and payment of cost of emergency and necessary operations. In the case of a necessary or emergency operation requiring the services of a specialist, and where the relatives or guardians, in the judgment of the Department of Corrections or the Oregon Health Authority, are unable to pay a part or the whole cost of the operation, the agencies may have the operation performed, the cost of the operation to be payable from the funds of the institution concerned. [Amended by 1987 c.320 §132; 2001 c.900 §43; 2009 c.595 §143; 2013 c.36 §53; 2015 c.27 §17]

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ORS 179.492 Dispensing of brand-name mental health drugs. (1) The Department of Corrections, the Department of Human Services or the Oregon Health Authority shall dispense as written a prescription for a brand-name mental health drug prescribed for a person while the person is in the custody of an institution described in ORS 179.321 or who has been committed pursuant to ORS 427.235 to 427.292, if the prescription specifies “dispense as written” or contains the notation “D.A.W.” or other words of similar meaning

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ORS 179.495 Disclosure of written accounts of adult in custody; penalty. (1) Written accounts of the adults in custody of any Department of Corrections institution as defined in ORS 421.005, maintained in the institution by the officers or employees of the institution who are authorized to maintain written accounts within the official scope of their duties, are not subject to disclosure unless the disclosure is permitted or authorized by the Department of Corrections in compliance with ORS 179.505 (3), (4), (6), (7), (9), (11), (12), (14), (15), (16) or (17) or 179.508 or upon order of a court of competent jurisdiction. The restriction contained in this section does not apply to disclosure of written accounts made under ORS 179.505 (3) with the authorization of the individual or a personal representative of the individual

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ORS 179.500 [Repealed by 1969 c.597 §281]

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ORS 179.505 Disclosure of written accounts by health care services provider. (1) As used in this section

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ORS 179.507 Enforcement of ORS 179.495 and 179.505; actions; venue; damages. (1) Any individual, a person appointed as a personal representative under ORS chapter 113 or the legal guardian of the individual may commence an action for equitable relief in the circuit court for the county in which the individual resides or in which the written accounts referred to in ORS 179.505 (2) are kept for the purpose of requiring compliance with ORS 179.495 and 179.505. In an action brought under this section, the court shall order payment of reasonable attorney fees at trial and on appeal and actual costs and disbursements to the prevailing party

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ORS 179.508 Disclosure of individually identifiable health information about adult in custody. (1) The Department of Corrections may disclose individually identifiable health information without obtaining an authorization from an adult in custody or a personal representative of the adult in custody if disclosure of the information is necessary for

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ORS 179.509 Reports on deaths at institutions; compilation submitted to President and Speaker. (1) The superintendent of each state institution shall submit quarterly reports on the number of deaths, including the ages of the deceased, the causes of death and the disposition of the remains, within the institution to the Department of Corrections or the Oregon Health Authority, as the case may be, having jurisdiction over the institution

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ORS 179.510 “Funds” defined; deposit of funds of institution residents with State Treasurer. (1) The superintendent or state agency that possesses or controls funds that are the property of the residents of such institutions or that have been deposited for their use or for expenditure in their behalf shall deposit such funds, as they are received, together with any such funds as heretofore have accumulated, with the State Treasurer as a trust account, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account

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ORS 179.520 Authorization to receive funds of institution residents; separate accounts. The superintendent or state agencies are authorized to receive any of the funds referred to in ORS 179.510 to 179.530. The State Treasurer shall carry such funds in separate accounts for such institutions, or in a single account for all institutions operated by a single state agency, but shall not credit such funds or any part thereof to any state fund for governmental purposes. [Formerly 179.720; 1991 c.271 §2]

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ORS 179.530 Disbursements from accounts; accountability. Disbursements from the accounts for the purposes for which the contributions or payments were made, and for payment to persons lawfully entitled thereto, may be made by the superintendent of the institution by which the funds were deposited, or by the state agency having jurisdiction over the institution, by checks or orders drawn upon the State Treasurer. The superintendent or state agency shall be accountable for the proper handling of the account. [Formerly 179.730; 1991 c.271 §3]

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ORS 179.540 [Formerly 120.210; 1993 c.98 §11; repealed by 1997 c.87 §1]

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ORS 179.545 [Formerly 120.220; repealed by 1997 c.87 §1]

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ORS 179.550 [Formerly 120.230; repealed by 1997 c.87 §1]

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ORS 179.560 Members; appointment; terms; meetings. (1) There is established in the Oregon Health Authority the Oregon State Hospital Advisory Board, consisting of 16 members. Two nonvoting members shall be from the Legislative Assembly, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives. Fourteen members shall be appointed by the Governor and be subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565 and shall include the following

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ORS 179.570 Powers and duties of board; report to legislature. The Oregon State Hospital Advisory Board established by ORS 179.560

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ORS 179.580 Ad hoc committees. (1) The Oregon State Hospital Advisory Board may establish ad hoc committees to aid and advise the board in the performance of its functions. The chairperson of the board shall appoint the chairperson of each committee. Each committee shall include no more than one less than a quorum of the voting members of the board, and the remaining members of a committee may not be members of the board

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ORS 179.610 Definitions for ORS 179.610 to 179.770. As used in ORS 179.610 to 179.770, unless the context requires otherwise

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ORS 179.620 Liability of person or estate for cost of care. (1) A person and the personal estate of the person, or a decedent’s estate, is liable for the full cost of care. Full cost of care is established according to ORS 179.701

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ORS 179.630 [1959 c.652 §3 (1); 1963 c.598 §1; 1967 c.549 §3; repealed by 1973 c.546 §13]

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ORS 179.635 [1969 c.257 §§2,3,4,5; 1971 c.750 §3; repealed by 1973 c.546 §13 and 1973 c.806 §2a; amended by 1973 c.827 §22]

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ORS 179.640 Determination of ability to pay; rules; financial information; notice; order; hearing; appeal. (1)(a) The Department of Corrections and the Oregon Health Authority shall establish rules for determining ability to pay for persons in their respective institutions. The rules adopted by each agency shall require, in addition to other relevant factors, consideration of the personal estate, the person’s need for funds for personal support after release, and the availability of third-party benefits such as, but not limited to, Medicare or private insurance. Each agency may also consider the probable length of stay at the state institution. Nothing in this section requires the Department of Corrections to investigate a person’s ability to pay or to issue an ability-to-pay order

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ORS 179.643 [1969 c.257 §8; 1973 c.546 §4; repealed by 1989 c.348 §16]

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ORS 179.645 [1967 c.534 §32; repealed by 1973 c.806 §14]

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ORS 179.650 [1959 c.652 §5; 1967 c.549 §5; 1969 c.591 §295; 1973 c.546 §5; 1973 c.806 §5a; repealed by 1989 c.348 §16]

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ORS 179.653 Unpaid costs as lien on property; order; when appealable. (1) If any person or authorized representative refuses to pay for the cost of care as ordered by the Department of Corrections or the Oregon Health Authority under ORS 179.640, the amount unpaid plus interest shall be a lien in favor of the State of Oregon. The lien shall arise as each payment is due under the order and shall continue until the liability with interest is satisfied. The lien shall be upon the title to and interest in the real and personal property of the personal estate

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ORS 179.655 Enforcement of lien; distraint warrant. (1) If any amount due the Department of Corrections or the Oregon Health Authority for the cost of care of a person is not paid within 30 days after it becomes due, and no provision is made to secure the payment by bond, deposit or otherwise, pursuant to rules adopted by the appropriate agency, the agency may issue a distraint warrant directed to any county of the state

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ORS 179.660 Guardian or conservator for estate of person in institution. If the Department of Corrections or the Oregon Health Authority believes a person at one of its state institutions needs a guardian or conservator, or both, and one has not been appointed, the agency may request that the district attorney institute proper proceedings for this appointment in the court having probate jurisdiction. The county of which the person is a resident, or was a resident at the time of admittance, shall be the basis for determining the appropriate district attorney to be contacted. [1959 c.652 §6; 1973 c.823 §124; 1989 c.348 §6; 2001 c.487 §6; 2009 c.595 §152; 2013 c.36 §62]

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ORS 179.670 [1959 c.652 §7; 1969 c.591 §296; 1973 c.546 §6; repealed by 1973 c.806 §14]

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ORS 179.680 [1959 c.652 §8; 1967 c.549 §6; 1973 c.546 §7; repealed by 1973 c.806 §14]

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ORS 179.690 [1959 c.652 §9; repealed by 1973 c.546 §13]

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ORS 179.700 [1959 c.652 §10; 1961 c.639 §1; 1965 c.182 §1; repealed by 1967 c.549 §1 (179.701 enacted in lieu of 179.700)]

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ORS 179.701 Determination of cost-of-care rates. (1)(a) The cost-of-care rates for a person who is or was in a state institution described in ORS 179.321 shall be determined by the Department of Corrections or the Oregon Health Authority, as appropriate. The rates established shall be reasonably related to current costs of the institutions as described in ORS 179.321

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ORS 179.710 [1955 c.5 §1; renumbered 179.510]

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ORS 179.711 Remittance of amounts due; refunds. (1) Remittance of amounts due for care of persons at state institutions as provided in ORS 179.610 to 179.770 shall be made to the Department of Corrections or the Oregon Health Authority, as appropriate

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ORS 179.720 [1955 c.5 §2; renumbered 179.520]

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ORS 179.721 [1959 c.652 §13; 1973 c.546 §9; repealed by 1989 c.348 §16]

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