246 sections in this chapter.
ORS 430.010 Definitions. As used in this chapter
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(1) “Outpatient service” means: (a) A program or service providing treatment by appointment and by: (A) Physicians licensed under ORS 677.100 to 677.228; (B) Psychologists licensed by the Oregon Board of Psychology under ORS 675.010 to 675.150; (C) Nurse practitioners licensed by…
ORS 430.020 [1961 c.706 §2; 1965 c.339 §20; repealed by 1969 c.597 §82 (430.021 enacted in lieu of 430.020)]
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MENTAL HEALTH AND DEVELOPMENTAL DISABILITY SERVICES
ORS 430.021 Functions of Department of Human Services and Oregon Health Authority; report to authority on use of restraint or seclusion; rules. Subject to ORS 417.300 and 417.305
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(1) The Department of Human Services shall directly or through contracts with private entities, counties under ORS 430.620 or other public entities: (a) Direct, promote, correlate and coordinate all the activities, duties and direct services for persons with developmental disabil…
ORS 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 or the Oregon Health Authority by other provisions of law. [1961 c.706 §3; 1969 c.597 §85; 2009 c.595 §460]
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[Repealed or reserved.]
ORS 430.040 [1961 c.706 §§6,8(2); repealed by 1963 c.490 §1 (430.041 enacted in lieu of 430.040)]
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[Repealed or reserved.]
ORS 430.041 [1963 c.490 §2 (enacted in lieu of 430.040); repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 430.050 [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§18; 1969 c.314 §36; 1969 c.597 §86; 1981 c.750 §12; 1989 c.116 §4; 1989 c.777 §1; 2007 c.70 §227; 2009 c.595 §461; repealed by 2025 c.405 §15]
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[Repealed or reserved.]
ORS 430.060 [1961 c.706 §9; repealed by 1963 c.490 §5]
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[Repealed or reserved.]
ORS 430.065 [1991 c.654 §1; 2001 c.900 §134; repealed by 2005 c.705 §2]
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[Repealed or reserved.]
ORS 430.070 [1961 c.706 §10; repealed by 1963 c.490 §5]
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[Repealed or reserved.]
ORS 430.071 Policies to support and promote independence and self-determination. The Oregon Health Authority shall adopt policies that support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services. The policies shall be designed to remove barriers that
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(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 meaningf…
ORS 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, addiction or substance use disorder services
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(2) Consistent with the principles embodied in ORS 430.071 to support and promote independence and self-determination for persons receiving mental health, addiction or substance use disorder services, the Director of the Oregon Health Authority shall maintain a Consumer Advisory …
ORS 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
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(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. […
ORS 430.078 Rules. The Oregon Health Authority shall adopt rules to implement ORS 430.071 to 430.075. [2007 c.805 §4; 2009 c.595 §464]
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Note: See note under 430.071.
ORS 430.080 [1961 c.706 §7; 1967 c.263 §1; 1973 c.697 §6; renumbered 430.270]
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[Repealed or reserved.]
ORS 430.090 [1961 c.706 §8(1); renumbered 430.260]
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[Repealed or reserved.]
ORS 430.095 [1969 c.637 §1; renumbered 430.265]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 430.103 [1969 c.459 §1; 1971 c.484 §1; repealed by 1973 c.697 §21]
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[Repealed or reserved.]
ORS 430.107 [1969 c.442 §3; repealed by 1973 c.697 §21]
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[Repealed or reserved.]
ORS 430.110 [1961 c.706 §16; 1969 c.597 §88; 1973 c.247 §1; repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 430.120 [1961 c.706 §17; 1963 c.471 §3; repealed by 1973 c.807 §4]
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[Repealed or reserved.]
ORS 430.130 [1961 c.706 §12; repealed by 1963 c.490 §5]
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[Repealed or reserved.]
ORS 430.140 Federal grants for promoting mental health. (1) The Oregon Health Authority 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
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(2) For the purposes of subsection (1) of this section, the authority 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…
ORS 430.150 [1961 c.706 §§13,14; repealed by 1963 c.490 §5]
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[Repealed or reserved.]
ORS 430.160 Federal funds deposited in special account. All funds 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 or developmental disability 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; 2009 c.595 §466]
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[Repealed or reserved.]
ORS 430.165 Fee schedules; collection of fees; definition. The Oregon Health Authority 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 and 430.850 to 430.880. The fees shall be charged and collected by the authority in the same manner as charges are collected under ORS 179.610 to 179.770. When the authority 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; 2009 c.595 §467; 2018 c.76 §4]
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[Repealed or reserved.]
ORS 430.170 [1971 c.306 §8; 1999 c.829 §5; 2009 c.595 §468; repealed by 2011 c.720 §228]
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[Repealed or reserved.]
ORS 430.180 [1977 c.384 §2; 1989 c.116 §6; 2001 c.487 §15; repealed by 2009 c.595 §1204]
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[Repealed or reserved.]
ORS 430.190 [1983 c.562 §4; 1985 c.494 §4; 1989 c.116 §8; 2001 c.900 §232; repealed by 2009 c.595 §1204]
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[Repealed or reserved.]
ORS 430.195 Receipt of funds for client use; disbursements from trust accounts; authority of other agencies. (1) The Department of Human Services may receive funds that are the property of the department’s clients or are contributed for the use of the department’s clients. The department shall deposit such funds in trust accounts established under ORS 293.445. Interest earned by a trust account shall be credited to the account
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(2) The Oregon Health Authority may receive funds that are the property of the authority’s clients or are contributed for the use of the authority’s clients. The authority shall deposit such funds in trust accounts established under ORS 293.445. Interest earned by a trust account…
ORS 430.197 Mental Health Services Fund. The Mental Health Services Fund is established in the State Treasury, separate and distinct from the General Fund. The Mental Health Services Fund comprises moneys collected or received by the Oregon Health Authority, the Department of Human Services and the Department of Corrections under ORS 179.640, 426.313 and 430.165. The moneys in the fund are continuously appropriated to the Oregon Health Authority, the Department of Human Services and the Department of Corrections for the purposes of paying the costs of
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(1) Services provided to a person in a state institution, as defined in ORS 179.610; (2) Emergency psychiatric care, custody and treatment paid under ORS 426.313; (3) Emergency care, custody or treatment provided to a person admitted to or detained in a state mental hospital or n…
ORS 430.205 Definitions for ORS 430.205 and 430.210. As used in this section and ORS 430.210
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(1) “Facility” means any of the following that are licensed or certified by the Oregon Health Authority or that contract with the authority for the provision of services: (a) A health care facility as defined in ORS 442.015; (b) A domiciliary care facility as defined in ORS 443.2…
ORS 430.210 Rights of persons receiving mental health services. (1) While receiving services, every person shall have the right to
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(a) Choose from available services those that are appropriate, consistent with the plan developed in accordance with paragraphs (b) and (c) of this subsection and provided in a setting and under conditions that are least restrictive to the person’s liberty, that are least intrusi…
ORS 430.212 Reconnection of family members to individual with developmental disability; rules. (1) The Department of Human Services shall establish a process by rule that implements the reconnection of family members with an individual with a developmental disability as defined in ORS 427.005
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(2) The rules adopted under subsection (1) of this section shall include a process that provides guidance for the release of information about the individual to family members when: (a) The individual is incapable of providing consent for the release of information; (b) The indiv…
ORS 430.215 Responsibility for developmental disability services and psychiatric treatment services for children. (1) The Department of Human Services shall be responsible for planning, policy development, administration and delivery of services to children with developmental disabilities and their families. Services to children with developmental disabilities may include, but are not limited to, case management, family support, crisis and diversion services, intensive in-home services, and residential and foster care services. The department may deliver the services directly or through contracts with private entities, counties under ORS 430.620 or other public entities
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(2) The Oregon Health Authority shall be responsible for psychiatric residential and day treatment services for children with mental or emotional disturbances. [1993 c.676 §28(2); 1999 c.316 §1; 2009 c.595 §472; 2013 c.36 §28] Note: 430.215 was enacted into law by the Legislative…
ORS 430.216 Report to Legislative Assembly. (1) The Department of Human Services shall report to each odd-numbered year regular session of the Legislative Assembly
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(a) On the safety of individuals receiving developmental disability services including, but not limited to: (A) The average turnover of direct care workers in service settings. (B) A summary of the training provided by the department or its contractors to direct care workers in s…
ORS 430.217 Denial of mental health services on basis of individual’s intellectual or developmental disability prohibited; rules. (1) A public body, as defined in ORS 174.109, a community mental health program, a licensed medical provider or other certified or licensed practitioner, an education provider or a coordinated care organization may not deny any individual access to mental health assessment, treatment or services on the basis that the individual also has an intellectual or developmental disability
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(2) The Oregon Health Authority, the Department of Human Services, the Department of Education, the Oregon Medical Board and other health licensing agencies that license or certify mental or behavioral health providers shall adopt rules to carry out the provisions of this section…
ORS 430.218 [2005 c.805 §1; renumbered 427.450 in 2011]
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SUBSTANCE USE PREVENTION AND TREATMENT (Alcohol and Drug Policy Commission)
ORS 430.220 Director; appointment; powers and duties. (1) The Governor shall appoint a Director of the Alcohol and Drug Policy Commission who shall serve at the pleasure of the Governor and be responsible for the dissemination and implementation of the Alcohol and Drug Policy Commission’s policies and the performance of the commission’s duties, functions and powers
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(2) The director shall be paid a salary as provided by law or, if not so provided, as prescribed by the Governor. (3) Subject to ORS chapter 240, the director shall appoint all employees of the commission, prescribe their duties and fix their compensation. (4) The director has al…
ORS 430.221 Commission members; terms; subcommittees. (1) As used in this section and ORS 430.220 and 430.223
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(a) “Participating state agency” means the Department of Corrections, the Department of Human Services, the Oregon Health Authority, the Department of Education, the Oregon Criminal Justice Commission, the Oregon State Police, the Oregon Youth Authority, the Department of Consume…
ORS 430.223 Comprehensive statewide plan; reports; rules. (1) For purposes of this section, “program” means a substance use prevention, substance use disorder treatment or recovery support services program that receives state funds or state-administered funds
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(2) The Alcohol and Drug Policy Commission established under ORS 430.221 shall develop a comprehensive substance use prevention, substance use disorder treatment and recovery support services plan for this state. The plan may include, but is not limited to, recommendations regard…
ORS 430.225 Education and technical assistance to providers. The Alcohol and Drug Policy Commission, in collaboration with the Oregon Health and Science University, shall provide education and technical assistance to providers of youth substance use disorder treatment and early intervention. [2025 c.507 §2]
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Note: 430.225 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. (Temporary provisions relating to statewide primary p…
ORS 430.230 As used in ORS 430.230 to 430.236
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(1) “Comprehensive community supports and services” includes: (a) Community-based mental health or substance use disorder treatment programs; (b) Community restoration services as defined in ORS 161.355; (c) Evidence-based and tribal-based programs designed to reduce hospital and…
ORS 430.231 (1) The Improving People’s Access to Community-based Treatment, Supports and Services Program is established in recognition of the shortage of comprehensive community supports and services for individuals with mental health or substance use disorders, leading to their involvement with the criminal justice system, hospitalizations and institutional placements. The purpose of the program is to address this need by awarding grants to counties and Oregon’s federally recognized Indian tribes to establish evidence-based and tribal-based programs to provide the needed supports and services
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(2) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 shall adopt rules for administering the program, including rules: (a) Identifying the target population of people with frequent criminal justice…
ORS 430.233 The Improving People’s Access to Community-based Treatment, Supports and Services Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are continuously appropriated to the Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee for the purpose of carrying out ORS 430.231
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Note: See note under 430.230.
ORS 430.234 Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established; membership. (1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee is established in the Oregon Criminal Justice Commission consisting of 21 members as follows
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(a) The Director of the Oregon Health Authority, or the director’s designee. (b) The Director of the Department of Corrections, or the director’s designee. (c) The Chief Justice of the Supreme Court, or the Chief Justice’s designee. (d) The executive director of the Oregon Crimin…
ORS 430.235 Grant Review Committee; approval and distribution of grants. (1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 shall administer the Improving People’s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231, in consultation with the Oregon Health Authority
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(2) The committee shall be responsible for approving grant applications and for distributing the grant moneys in accordance with rules adopted by the committee under ORS 430.231. The committee shall designate a percentage of the funds to be set aside and awarded to at least one f…
ORS 430.236 Establishment of quality improvement subcommittee; statewide data tracking. (1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee shall establish a quality improvement subcommittee to
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(a) Establish outcome measures or evaluation tools for programs receiving grants under the Improving People’s Access to Community-based Treatment, Supports and Services Program; and (b) Establish a statewide system for tracking simple, clear and meaningful outcome data that is ti…
ORS 430.238 (1) The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 shall administer a program in which Oregon counties, Oregon’s federally recognized Indian tribes or regional consortia of counties or Indian tribes may apply to the committee for state funds for the investments made by the counties, Indian tribes or consortia in comprehensive community supports and services for the target population of the Improving People’s Access to Community-based Treatment, Supports and Services Program, for the purpose of enhancing or sustaining the supports and services
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(2) The committee shall establish priorities for the funds based on specified factors such as the size of the population of a county, the utilization of the Oregon State Hospital by the residents of the county and the availability of permanent, supportive housing units. (3) The c…