Title 35, Mental Health and Developmental Disabilities; Substance Use Disorder Treatment

(1) Evaluation sites provided for under ORS 430.450 to 430.555 shall conduct such procedures as may be necessary to determine if an individual is a drug-dependent person. A person shall be evaluated only with that person’s written consent. Subject to approval of the Oregon Health…

A person, otherwise eligible, may not be denied evaluation or treatment under ORS 430.450 to 430.555 on account of the person’s race, religion, sex, sexual orientation, gender identity, nationality, age or ability to pay. [1977 c.871 §24; 2007 c.100 §26; 2021 c.367 §25]

Liability for violation of civil rights under ORS 430.450 to 430.555 or injuries to a person participating in a diversion program or caused by a person in a diversion program under ORS 430.450 to 430.555 shall, except in the case of gross negligence, be borne by the county making…

(1) The Oregon Health Authority shall adopt rules to establish requirements, in accordance with ORS 430.357, for drug treatment programs that contract with the authority and that involve: (a) Detoxification; (b) Detoxification with acupuncture and counseling; and (c) The supplyin…

The provisions of any law restricting the use, possession, control or administration of a controlled substance shall not apply to any physician, pharmacist or other person while participating in the program authorized by ORS 430.560 (1)(c) so long as the physician, pharmacist or …

The Oregon Health Authority shall cause information concerning the usefulness and feasibility of opiate inhibitors to be made available to persons involved in administering diversion programs, corrections programs and other programs for drug dependent persons. [1987 c.618 §4; 200…

(1) The Oregon Health Authority shall develop and regularly update a web-based, searchable inventory of the following: (a) Each opioid and opiate abuse or dependency treatment provider located in this state; (b) Treatment options offered by each opioid and opiate abuse or depende…

(1) In developing the inventory required by ORS 430.572, the Oregon Health Authority shall analyze the data to determine whether identifiable geographic regions have insufficient treatment options for, or capacity to treat individuals suffering from, opioid or opiate abuse or dep…

(1) It is unlawful for any person to commence operating a methadone clinic: (a) Within 1,000 feet of the real property comprising an existing public or private elementary, secondary or career school attended primarily by minors; or (b) Within 1,000 feet of the real property compr…

It is declared to be the policy and intent of the Legislative Assembly that: (1) Subject to the availability of funds, services should be available to all persons with mental or emotional disturbances, developmental disabilities, alcoholism or drug dependence, and persons who are…

(1) The county court or board of county commissioners, or its representatives designated by it for the purpose, of any county, on behalf of the county, may: (a) By contract with and subject to the rules of the Department of Human Services, establish and operate, or contract with …

(1) The 9-8-8 Trust Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the 9-8-8 Trust Fund shall be credited to the fund. The 9-8-8 Trust Fund consists of: (a) Revenues from the 9-8-8 coordinated crisis services tax imposed…

As used in ORS 430.626 to 430.628: (1) “Coordinated care organization” has the meaning given that term in ORS 414.025. (2) “Crisis stabilization center” means a facility licensed by the Oregon Health Authority that meets the requirements adopted by the authority by rule under ORS…

(1) The purposes of ORS 430.626 to 430.628 are to build upon and improve the statewide coordinated crisis system in this state and to: (a) Remove barriers to accessing quality behavioral health crisis services; (b) Improve equity in behavioral health treatment and ensure cultural…

(1) In consultation with local community mental health programs, the Oregon Health Authority shall, to the extent funding is available, require each community mental health program to provide crisis stabilization services to individuals contacting the 9-8-8 suicide prevention and…

The Oregon Health Authority shall establish an advisory committee in accordance with ORS 430.075 or assign tasks to existing agencies, boards or committees to provide primary oversight and direction on the implementation and operation of the statewide coordinated crisis system de…

(1) In addition to any other requirements that may be established by rule by the Oregon Health Authority, each community mental health program, subject to the availability of funds, shall provide guidance and assistance to local Behavioral Health Resource Networks for the joint d…

(1) As used in this section, “person with a disability” means any person who: (a) Has a physical or mental impairment that 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. (2) If any l…

The Oregon Health Authority may require a local mental health authority to periodically report to the Oregon Health Authority on the implementation of the comprehensive local plan adopted under ORS 430.630 (9). [2001 c.899 §5; 2009 c.595 §509; 2009 c.856 §24; 2011 c.720 §§175,176…

(1) In order to improve services to persons with mental or emotional disturbances and provide information for uniform analysis, each community mental health program shall collect and report data and evaluate programs in accordance with methods prescribed by the Oregon Health Auth…

(1) As used in this section: (a) “Assessment” means an on-site quality assessment of an organizational provider that is conducted: (A) If the provider has not been accredited by a national organization meeting the quality standards of the Oregon Health Authority; (B) By the Orego…

A coordinated care organization, insurer or health care service contractor that relies in good faith on an assessment conducted according to the criteria adopted under ORS 430.637 shall be immune from civil liability that might otherwise be incurred or imposed. [2013 c.362 §2] No…

(1) The Oregon Health Authority, in carrying out the legislative policy declared in ORS 430.610, subject to the availability of funds, shall: (a) Assist Oregon counties and groups of Oregon counties in the establishment and financing of community mental health programs operated o…

(1) The Behavioral Health Housing Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. The Behavioral Health Housing Incentive Fund consists of moneys deposited or transferred to the fund by the Legislative Assembly and moneys appropri…

(1) The Oregon Health Authority shall disburse moneys in the Behavioral Health Housing Incentive Fund established in ORS 430.641 to provide funding for: (a) The development of community-based housing, including licensed residential treatment facilities, for individuals with menta…

Within the limits of available funds, community mental health programs shall provide those services as defined in ORS 430.630 (3)(a) to (h) to persons in the following order of priority: (1) Those persons who, in accordance with the assessment of professionals in the field of men…

In allocating funds for community mental health programs affecting persons with mental or emotional disturbances, the Oregon Health Authority shall observe the following priorities: (1) To ensure the establishment and operation of community mental health programs for persons with…

(1) Within the limits of state funds, community mental health program services shall be funded as follows: (a) Services defined in ORS 430.630 (1) and (2) shall be funded up to 100 percent with state funds. (b) State funds available for payments to community mental health program…

(1) If the Oregon Health Authority uses a formula for allocating to counties moneys, and if the formula includes population as a factor in determining the amount of each allocation, the authority shall calculate the formula annually using the most current population data that is …

(1) The Oregon Health Authority, in consultation with counties and community mental health programs, shall conduct a study to determine the funding required for each community mental health program to provide the services and perform the functions required by law related to indiv…

(1) The Department of Human Services, in carrying out the legislative policy declared in ORS 427.007 and 430.610, subject to the availability of funds, shall: (a) Use case management entities, including community developmental disabilities programs and support service brokerages,…

(1) Each community developmental disabilities program and support service brokerage shall have a developmental disability advisory committee. (2) A person with an intellectual or developmental disability who is served by a support service brokerage, and the person’s family member…

(1) A community developmental disabilities program may provide services by contracting with a public agency, private corporation or individual. All elements of service provided for in the contract shall be considered as a part of a community developmental disabilities program for…

(1) A county may impose only standards, requirements and conditions for mental health or developmental disabilities programs that are substantially similar to the standards, requirements and conditions established for such programs by the Department of Human Services or the Orego…

(1) When a dispute exists between a county and a community developmental disabilities program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Department of Human Services relating to departme…

In all cases where federal granted funds are involved, the federal laws, rules and regulations applicable thereto shall govern notwithstanding any provision to the contrary in ORS 430.610 to 430.695. [Formerly 430.660]

(1) Any program fees, third-party reimbursements, contributions or funds from any source, except client resources applied toward the cost of care in group homes for persons with developmental disabilities or mental illness and client resources and third-party payments for communi…

Notwithstanding ORS 430.640, the State of Oregon, through the Oregon Health Authority, may establish the necessary facilities and provide comprehensive mental health services for children throughout the state. These services may include, but need not be limited to: (1) The preven…

The children’s mental health programs of the Oregon Health Authority shall address preventive services under ORS 430.630 (3)(L). The authority budget shall give high priority to such services. [Formerly 430.635] Note: 430.708 was enacted into law by the Legislative Assembly but w…

(1) In accordance with ORS 430.357, and consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the Oregon Health Authority may fund regional centers for the treatment of adolescents with drug and alcohol dependencies. (2) The authority sha…

The Oregon Health Authority may contract for general hospital services and may provide or contract with public or private agencies or persons to provide child care and residential treatment programs to implement the objectives of ORS 430.705. The authority may also purchase or co…

(1) As used in this section: (a) “Children and adolescents” means individuals 20 years old and younger. (b) “Coordinated care organization” has the meaning given that term in ORS 414.025. (c) “Insurer” means an insurer, as defined in ORS 731.106, that has a certificate of insuran…

The Oregon Health Authority shall have authority to contract with private, nonprofit agencies and persons for receipt of grants-in-aid and other funds to be applied to child mental health service programs. [1971 c.300 §4; 2009 c.595 §523]

(1) The Department of Human Services or a designee of the department shall conduct the investigations and make the findings required by ORS 430.735 to 430.765. (2) The department shall prescribe by rule policies and procedures for the investigations of allegations of abuse of a p…

As used in ORS 430.735 to 430.765: (1) “Abuse” means one or more of the following: (a) Abandonment, including desertion or willful forsaking of an adult or the withdrawal or neglect of duties and obligations owed an adult by a caregiver or other person. (b) Any physical injury to…

The Legislative Assembly finds that for the purpose of preventing abuse and safeguarding and enhancing the welfare of adults with mental illness or developmental disabilities, it is necessary and in the public interest to require mandatory reports and thorough and unbiased invest…

(1) In the case of abuse of an adult, the privileges created in ORS 40.230 to 40.255, including the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to regulated social workers and the spousal p…

(1) The district attorney in each county shall be responsible for developing county multidisciplinary teams to consist of but not be limited to personnel from the community mental health program, the community developmental disabilities program, the Department of Human Services o…

(1) When a report is required under ORS 430.765, an oral report shall be made immediately by telephone or otherwise to the Department of Human Services, the designee of the department or a law enforcement agency within the county where the person making the report is at the time …

(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 o…