Chapter 430 — Chapter 430
246 sections in this chapter.
ORS 430.565 Nonapplicability of drug laws to certain persons in treatment program. 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 other person complies with provisions of ORS 430.560 and this section and the rules of the Oregon Health Authority made pursuant to ORS 430.560 and this section. [Formerly 475.725; 1979 c.744 §30; 1991 c.574 §4; 2009 c.595 §504]
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[Repealed or reserved.]
ORS 430.570 Information concerning opiate inhibitors to be made available. 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; 2009 c.595 §505]
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[Repealed or reserved.]
ORS 430.572 Internet access to providers of opiate use disorder treatment. (1) The Oregon Health Authority shall develop and regularly update a web-based, searchable inventory of the following
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(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 dependency treatment provider located in this state; and (c) The maximum capacity of each opioid and opiate abuse or dependenc…
ORS 430.573 Statewide capacity to provide opiate use disorder treatment. (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 dependency
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(2) Not later than September 15 of each year, the authority shall report to the interim committees of the Legislative Assembly related to health care, in the manner provided by ORS 192.245, on identifiable geographic regions that have insufficient treatment options for, or capaci…
ORS 430.580 [1983 c.601 §2; repealed by 1987 c.411 §5]
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[Repealed or reserved.]
ORS 430.590 Regulation of location of methadone clinic; enforcement. (1) It is unlawful for any person to commence operating a methadone clinic
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(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 comprising an existing licensed child care facility. As used in this section, “li…
ORS 430.610 Legislative policy. It is declared to be the policy and intent of the Legislative Assembly that
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(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 alcohol or drug abusers, regardless of age, county of residence or ability t…
ORS 430.620 Establishment of community mental health and developmental disabilities programs by one or more counties. (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
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(a) By contract with and subject to the rules of the Department of Human Services, establish and operate, or contract with a public agency or private corporation for, a community developmental disabilities program. (b) In conformity with the rules of the Oregon Health Authority, …
ORS 430.624 9-8-8 Trust Fund. (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
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(a) Revenues from the 9-8-8 coordinated crisis services tax imposed under ORS 403.200 (1)(b); (b) Appropriations made by the Legislative Assembly; (c) Federal funds allocated to the state to implement the 9-8-8 suicide prevention and behavioral health crisis system; (d) Gifts, gr…
ORS 430.625 [1989 c.777 §2; 2005 c.691 §1; 2007 c.70 §229; renumbered 430.631 in 2011]
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[Repealed or reserved.]
ORS 430.626 Definitions. As used in ORS 430.626 to 430.628
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(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 430.627. (3) “Crisis stabilization…
ORS 430.627 Statewide coordinated crisis system; rules. (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
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(a) Remove barriers to accessing quality behavioral health crisis services; (b) Improve equity in behavioral health treatment and ensure culturally, linguistically and developmentally appropriate responses to individuals experiencing behavioral health crises, in recognition that,…
ORS 430.628 City and community mental health program provision of crisis stabilization services; rules. (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 behavioral health crisis hotline who need crisis stabilization services in the community by enhancing and expanding the use of mobile crisis intervention teams
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(2) A city may request funding from a county to establish and maintain one or more mobile crisis intervention teams. (3) Mobile crisis intervention teams must operate in compliance with rules adopted by the authority. (4) A city that establishes and maintains a program for provid…
ORS 430.629 Oversight and direction on implementation and operation of statewide coordinated crisis system. 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 described in ORS 430.626 to 430.628 and to provide guidance to the authority, gather feedback and make recommendations regarding the planning and implementation of the 9-8-8 suicide prevention and behavioral health crisis hotline. The advisory committee must include but is not limited to
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(1) Representatives of the crisis hotline center maintained under ORS 430.627 (4) and 9-1-1 call centers, the Oregon Department of Emergency Management, local public health and mental health authorities, hospitals and health systems, coordinated care organizations, as defined in …
ORS 430.630 Services to be provided by community mental health programs; local mental health authorities; local mental health services plan; rules. (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 development of programs and activities to increase access to treatment and shall provide the following basic services to persons with alcoholism or drug dependence, and persons who are alcohol or drug abusers
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(a) Outpatient services; (b) Aftercare for persons released from hospitals; (c) Training, case and program consultation and education for community agencies, related professions and the public; (d) Guidance and assistance to other human service agencies for joint development of p…
ORS 430.631 Local advisory committees. (1) As used in this section, “person with a disability” means any person who
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(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 local mental health program has an advisory committee, persons with disabilitie…
ORS 430.632 Report on implementation of comprehensive local plan for delivery of mental health services. 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; 2013 c.640 §5]
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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.
ORS 430.634 Evaluation of programs; population schedule for distributing funds. (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 Authority after consultation with the program directors
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(2) Information collected by the authority under subsection (1) of this section shall include, but need not be limited to: (a) Numbers of persons served; (b) Ages of persons served; (c) Types of services provided; and (d) Cost of services. (3) Within the limits of available funds…
ORS 430.635 [1991 c.777 §1; 2009 c.595 §510; renumbered 430.708 in 2011]
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[Repealed or reserved.]
ORS 430.637 Criteria for certificate of approval issued to mental health or substance use disorder treatment provider; advisory committee; reporting requirements; rules. (1) As used in this section
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(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 Oregon Health Authority, another s…
ORS 430.638 Immunity from civil liability for reliance on certificate of approval. 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]
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Note: See note under 430.637.
ORS 430.640 Duties of Oregon Health Authority in assisting and supervising community mental health programs; rules. (1) The Oregon Health Authority, in carrying out the legislative policy declared in ORS 430.610, subject to the availability of funds, shall
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(a) Assist Oregon counties and groups of Oregon counties in the establishment and financing of community mental health programs operated or contracted for by one or more counties. (b) If a county declines to operate or contract for a community mental health program, contract with…
ORS 430.641 Behavioral Health Housing Incentive Fund. (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 appropriated to the fund by the Legislative Assembly. Interest earned on the fund shall be credited to the fund
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(2) Moneys in the Behavioral Health Housing Incentive Fund are continuously appropriated to the Oregon Health Authority to carry out the provisions of ORS 430.643. [2021 c.521 §1] Note: 430.641 was enacted into law by the Legislative Assembly but was not added to or made a part o…
ORS 430.642 [1995 c.270 §2; repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 430.643 Disbursement of moneys in fund. (1) The Oregon Health Authority shall disburse moneys in the Behavioral Health Housing Incentive Fund established in ORS 430.641 to provide funding for
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(a) The development of community-based housing, including licensed residential treatment facilities, for individuals with mental illness and individuals with substance use disorders; and (b) Crisis intervention services, rental subsidies and other housing-related services to help…
ORS 430.644 Priorities for services provided by community mental health programs. 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
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(1) Those persons who, in accordance with the assessment of professionals in the field of mental health, are at immediate risk of hospitalization for the treatment of mental or emotional disturbances or are in need of continuing services to avoid hospitalization or pose a hazard …
ORS 430.646 Priorities for services for persons with mental or emotional disturbances. In allocating funds for community mental health programs affecting persons with mental or emotional disturbances, the Oregon Health Authority shall observe the following priorities
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(1) To ensure the establishment and operation of community mental health programs for persons with mental or emotional disturbances in every geographic area of the state to provide some services in each category of services described in ORS 430.630 (3) unless a waiver has been gr…
ORS 430.648 Funding distribution formula; matching funds; administrative expenses. (1) Within the limits of state funds, community mental health program services shall be funded as follows
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(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 programs for services under ORS 430.630 (3) shall be paid by the Oregon Health Authority to the programs under the…
ORS 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]
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[Repealed or reserved.]
ORS 430.651 Use of population data in funding formula. (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 available
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(2) The authority shall use as the source of the population data required by subsection (1) of this section the primary population research center that is part of Portland State University. [Formerly 430.693; 2013 c.768 §143] Note: 430.651 was enacted into law by the Legislative …
ORS 430.653 (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 individuals with behavioral health disorders in the following age groups
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(a) Newborns through youth 17 years of age; (b) Ages 18 through 25; and (c) Ages 26 and older. (2) The study must include, but is not limited to, the costs of providing the services and performing the functions described in: (a) ORS 161.315 to 161.351, 161.355 to 161.371, 161.385…
ORS 430.655 [1973 c.639 §9; repealed by 1981 c.750 §17]
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[Repealed or reserved.]
ORS 430.660 [1961 c.706 §42; 1973 c.639 §6; renumbered 430.694 in 2011]
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(Developmental Disabilities Programs)
ORS 430.662 Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services; rules. (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
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(a) Use case management entities, including community developmental disabilities programs and support service brokerages, to provide case management services, using appropriate planning processes and implementation procedures, to ensure that: (A) Persons with intellectual or deve…
ORS 430.664 Requirements for developmental disabilities programs and support service brokerages. (1) Each community developmental disabilities program and support service brokerage shall have a developmental disability advisory committee
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(2) A person with an intellectual or developmental disability who is served by a support service brokerage, and the person’s family members, shall have an opportunity for a formal, significant, continuing role in advising the support service brokerage regarding the design, implem…
ORS 430.665 [1981 c.750 §5; 2005 c.691 §4; 2007 c.70 §232; 2009 c.595 §512; renumbered 430.634 in 2011]
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(Contracting for Services)
ORS 430.670 Contracts to provide services; approval of department or authority; competition for subcontracts; exception. (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 all purposes of ORS 430.610 to 430.695. Contracts authorized by this section shall comply with rules adopted by the Department of Human Services
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(2) A community mental health 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 mental health program for all purposes of ORS 430.6…
ORS 430.672 Contract requirements for community mental health or developmental disabilities programs. (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 Oregon Health Authority
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(2) When a county contracts with a public agency or private corporation for a community mental health program or community developmental disabilities program, the county shall include in the contract only terms that are substantially similar to model contract terms developed by t…
ORS 430.673 Mediation; retaliation prohibited; action for damages; attorney fees; rules. (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 department programs under this chapter, either party may request mediation under rules adopted by the department
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(2) When a dispute exists between a county and a community mental health program that is a private corporation or individual regarding the terms of their contract or the interpretation of an administrative rule of the Oregon Health Authority relating to authority programs under t…
ORS 430.675 [1981 c.750 §6; 2005 c.691 §5; 2009 c.595 §516; renumbered 430.644 in 2011]
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[Repealed or reserved.]
ORS 430.685 [1981 c.750 §10; 2007 c.70 §233; 2009 c.595 §517; renumbered 430.646 in 2011]
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[Repealed or reserved.]
ORS 430.690 [1981 c.750 §§8,11; 2009 c.595 §518; renumbered 430.648 in 2011]
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[Repealed or reserved.]
ORS 430.693 [2007 c.417 §1; 2009 c.595 §519; renumbered 430.651 in 2011]
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(Miscellaneous)
ORS 430.694 Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds. 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]
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[Repealed or reserved.]
ORS 430.695 Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts. (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 community psychiatric inpatient care, received by a community mental health program or a community developmental disabilities program are not an offset to the costs of the services and may not be applied to reduce the program’s eligibility for state funds, providing the funds are expended for mental health or developmental disabilities services approved by the Oregon Health Authority or the Department of Human Services
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(2) Within the limits of available funds, the authority and the department may contract for specialized, statewide and regional services including but not limited to group homes for persons with developmental disabilities or mental or emotional disturbances, day and residential t…
ORS 430.700 [1981 c.750 §13; repealed by 1995 c.79 §220]
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MENTAL HEALTH SERVICES FOR CHILDREN AND ADOLESCENTS
ORS 430.705 Mental health services for children. 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
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(1) The prevention of mental illness, emotional disturbances and drug dependency in children; and (2) The treatment of children with mental illness, emotional disturbances and drug dependency. [1971 c.300 §2; 1999 c.59 §122; 2001 c.900 §140a; 2007 c.70 §235; 2009 c.595 §521]
ORS 430.708 Priority for preventive services for children. 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]
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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.
ORS 430.709 Funding of regional centers for treatment of adolescents with substance use disorders; rules; criteria for areas served by centers. (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
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(2) The authority shall define by rule a minimum number of inpatient beds and outpatient slots necessary for effective treatment and economic operation of any regional center funded by state funds. (3) The areas to be served by any treatment facility shall be determined by the fo…
ORS 430.710 [1963 c.581 §1; repealed by 1969 c.321 §9 and 1969 c.597 §281]
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[Repealed or reserved.]