Chapter 430 — Chapter 430

ORS 430.715 Hospital services; child care and residential treatment programs; other services. 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 contract for specific services and supplies for treatment of individual children. [1971 c.300 §3; 1995 c.278 §53; 2009 c.595 §522]

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ORS 430.717 Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents; call center for identifying and tracking placement settings; rules. (1) As used in this section

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ORS 430.720 [1963 c.581 §2; repealed by 1969 c.321 §9 and 1969 c.597 §281]

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ORS 430.725 Gifts and grants. 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]

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ORS 430.730 [1963 c.581 §3; repealed by 1971 c.109 §1]

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ORS 430.731 Uniform investigation procedures; rules. (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

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ORS 430.735 Definitions for ORS 430.735 to 430.765. As used in ORS 430.735 to 430.765

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ORS 430.737 Mandatory reports and investigations. 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 investigations of adults with mental illness or developmental disabilities who are allegedly abused. [1991 c.744 §1; 2003 c.443 §1; 2007 c.70 §237]

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ORS 430.738 Privileges not applicable to abuse proceedings. (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 privilege, shall not be a ground for excluding evidence regarding an adult’s abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 430.735 to 430.765

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ORS 430.739 County multidisciplinary teams; protocols; reports. (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 or a designee of the department, the Oregon Health Authority or a designee of the authority, the local area agency on aging, the district attorney’s office, law enforcement and an agency that advocates on behalf of individuals with disabilities, as well as others specially trained in the abuse of adults. A district attorney may delegate the responsibility to develop a county multidisciplinary team under this subsection to a designee or administrator who is or will be a member of the team pursuant to a written agreement

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ORS 430.740 [1963 c.581 §4; repealed by 1969 c.321 §9]

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ORS 430.743 Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services. (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 of contact. If known, the report shall include

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ORS 430.745 Investigation of abuse; notice to medical examiners; findings; recommendations. (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

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ORS 430.746 Training requirements for persons investigating reports of alleged abuse. Any designee of the Department of Human Services who makes a determination or conducts an investigation under ORS 430.743 or 430.745 shall receive training and consultation that is necessary to allow the designee to make the determination or conduct a thorough and unbiased investigation. The training required under this section shall address the cultural and social diversity of the people of this state. [2003 c.443 §3]

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ORS 430.747 Photographs of victim during investigation; exception; photographs as records. (1) In carrying out its duties under ORS 430.735 to 430.765, a law enforcement agency or the Department of Human Services’ designee may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of investigation unless the victim knowingly refuses to be photographed

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ORS 430.750 [1963 c.581 §5; repealed by 1969 c.321 §9]

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ORS 430.753 Immunity of persons making reports in good faith; confidentiality. (1) Anyone participating in good faith in making a report of abuse pursuant to ORS 430.743 and 430.765 and who has reasonable grounds for making the report, shall have immunity from any criminal or civil liability that might otherwise be incurred or imposed with respect to the making or content of the report. The participant shall have the same immunity with respect to participating in any judicial proceeding resulting from the report

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ORS 430.755 Retaliation prohibited; liability for retaliation. (1) A facility, community program or person shall not retaliate against any person who reports in good faith suspected abuse or against the allegedly abused adult with respect to any report

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ORS 430.756 Immunity of employer reporting abuse by employee. A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services or a law enforcement agency to have committed abuse under ORS 430.735 to 430.765, is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse. [2009 c.837 §19]

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ORS 430.757 Reports of abuse to be maintained by Department of Human Services. A proper record of all reports of abuse made under ORS 430.743 and 430.765 shall be maintained by the Department of Human Services. [1991 c.744 §9; 2021 c.97 §52]

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ORS 430.760 [1969 c.253 §1; repealed by 1985 c.555 §26]

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ORS 430.763 Confidentiality of records; when record may be made available to agency. Notwithstanding the provisions of ORS 192.311 to 192.478, the names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection. However, the Department of Human Services shall make this information and any investigative report available to any law enforcement agency, to any public agency that licenses or certifies facilities or licenses or certifies the persons practicing therein and to any public agency providing protective services for the adult, if appropriate. The department shall also make this information and any investigative report available to any private agency providing protective services for the adult and to the system described in ORS 192.517 (1). When this information and any investigative report is made available to a private agency, the confidentiality requirements of this section apply to the private agency. [1991 c.744 §10; 2003 c.14 §240; 2005 c.498 §9]

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ORS 430.765 Duty of officials to report abuse; exceptions for privileged communications; exception for religious practice. (1) Any public or private official who has reasonable cause to believe that any adult with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused an adult, shall report or cause a report to be made in the manner required in ORS 430.743

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ORS 430.768 Claims of self-defense addressed in certain reports of abuse; review teams; rules. (1) When the Department of Human Services investigates a report of abuse under ORS 430.735 to 430.765 at a residential training home as defined in ORS 443.400 that is operated by the department or a report of abuse at a state hospital described in ORS 426.010, the department shall address in the written report of its findings whether the person alleged to be responsible for the abuse was acting in self-defense

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ORS 430.770 [1969 c.253 §2; repealed by 1985 c.555 §26]

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ORS 430.775 Required trainings on behavioral health worker safety; frequency; documentation. (1) As used in this section, “behavioral health employer” means

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ORS 430.779 Oregon State University Extension Service to administer behavioral health promotion project. The Oregon State University Extension Service shall oversee a project to accelerate the promotion of behavioral health in Oregon by

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ORS 430.780 [1969 c.253 §3; repealed by 1985 c.555 §26]

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ORS 430.790 [1969 c.253 §4; repealed by 1985 c.555 §26]

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ORS 430.810 [1969 c.253 §5; repealed by 1985 c.555 §26]

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ORS 430.820 [1969 c.253 §6; repealed by 1985 c.555 §26]

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ORS 430.850 Treatment program; eligibility. (1) Subject to the availability of funds therefor, the Oregon Health Authority may establish and administer a treatment program with courts, with the consent of the judge thereof, for any person convicted of driving under the influence of alcohol, or of any crime committed while the defendant was intoxicated when the judge has probable cause to believe the person is an alcoholic or problem drinker and would benefit from treatment, who is eligible under subsection (2) of this section to participate in such program. The program must meet minimum standards established by the authority under ORS 430.357

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ORS 430.860 Participation in program; report to court. The Oregon Health Authority may

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ORS 430.870 Rules. The Oregon Health Authority shall adopt rules necessary to the efficient administration and functioning of the program and rules regulating the conduct of participants in the program. Rules regulating the conduct of participants in the program shall include but not be limited to rules requiring participants to keep appointments and the time, place and frequency of any dosages. [1973 c.340 §3; 2009 c.595 §527]

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ORS 430.880 Gifts, grants or services. (1) The Oregon Health Authority may accept gifts and apply for and accept grants or services from the federal government or any of its agencies, from associations, individuals and private corporations to carry out the purposes of ORS 430.850 to 430.880

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ORS 430.890 [1973 c.817 §4; repealed by 1979 c.419 §3]

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ORS 430.891 [1975 c.150 §4; repealed by 1979 c.419 §3]

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ORS 430.900 Definitions for ORS 430.900 to 430.930. As used in ORS 430.900 to 430.930, “substance” has the meaning of “controlled substance” as defined in ORS 475.005 and includes alcoholic beverages or other substances with abuse potential. [1989 c.1046 §7]

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ORS 430.905 Policy. The Legislative Assembly declares

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ORS 430.910 [1989 c.1046 §2; repealed by 2001 c.900 §261]

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ORS 430.915 Health care providers to encourage counseling and therapy. If during routine pregnancy or prenatal care, the attending health care provider determines that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, or the patient admits such use to the provider, it is the policy of this state that the provider encourage and facilitate counseling, drug therapy and other assistance to the patient in order to avoid having the child, when born, become subject to protective services. [1989 c.1046 §3]

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ORS 430.920 Risk assessment for drug and alcohol use; informing patient of results; assistance to patient in reducing need for controlled substances. (1) The attending health care provider shall perform during the first trimester of pregnancy or as early as possible a risk assessment which shall include an assessment for drug and alcohol usage. If the results of the assessment indicate that the patient uses or abuses drugs or alcohol or uses unlawful controlled substances, the provider shall tell the patient about the potential health effects of continued substance abuse and recommend counseling by a trained drug or alcohol abuse counselor

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ORS 430.925 [1989 c.1046 §5; 2009 c.595 §530; repealed by 2015 c.70 §12]

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ORS 430.930 Substance use disorder education at Oregon Health and Science University. The Oregon Health and Science University shall have an integrated curriculum in the medical school to teach medical students drug and alcohol abuse assessment and treatment procedures and practices. [1989 c.1046 §6]

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ORS 430.950 [1991 c.706 §1; repealed by 2001 c.900 §261]

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ORS 430.955 Standardized screening instrument; assessing drug use during pregnancy. (1) The Oregon Health Authority and the Oregon Health and Science University shall develop a standardized screening instrument designed to identify the use of substances during pregnancy

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