Chapter 430 — Chapter 430
246 sections in this chapter.
ORS 430.240 [1991 c.574 §2; 2009 c.595 §473; 2011 c.673 §16; renumbered 430.254 in 2011]
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[Repealed or reserved.]
ORS 430.241 [2009 c.856 §1; 2009 c.856 §31; 2011 c.673 §1; 2011 c.731 §23; 2012 c.37 §62; 2013 c.623 §18; 2015 c.405 §1; 2018 c.44 §3; 2019 c.54 §1; renumbered 430.221 in 2019]
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[Repealed or reserved.]
ORS 430.242 [2011 c.673 §2; 2012 c.37 §63; 2013 c.623 §19; 2015 c.405 §2; 2018 c.44 §§4,7; 2019 c.54 §§2,3; renumbered 430.223 in 2019]
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[Repealed or reserved.]
ORS 430.243 The Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established in ORS 430.234 and the Oregon Health Authority may work together to include coordinated care organizations in the Improving People’s Access to Community-based Treatment, Supports and Services Program, as permitted by state and federal law, in a way that provides incentives for coordinated care organizations to provide comprehensive community supports and services, as defined in ORS 430.230, to their members who have mental health or substance use disorders and be appropriately reimbursed for the costs of the supports and services
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Note: 430.243 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 430.245 (1) At least once per biennium, the Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee shall, in conjunction with the Oregon Health Authority, identify
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(a) The costs to state government that were avoided as a result of the Improving People’s Access to Community-based Treatment, Supports and Services Program established in ORS 430.231; and (b) Any increased costs to local governments as a result of the program. (2) No later than …
ORS 430.250 [1985 c.740 §1; 1999 c.1053 §33; repealed by 2009 c.856 §27]
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(Prevention, Intervention, Treatment and Recovery)
ORS 430.254 Goal of treatment programs for persons with substance use disorders. The Oregon Health Authority shall develop treatment programs, meeting minimum standards adopted pursuant to ORS 430.357, to assist drug-dependent persons to become persons who are able to live healthy and productive lives without the use of any natural or synthetic opiates. [Formerly 430.240]
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Note: 430.254 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 430.255 [1985 c.740 §4; 1999 c.1053 §34; 2009 c.595 §474; repealed by 2009 c.856 §27]
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[Repealed or reserved.]
ORS 430.256 Planning and administering alcohol and drug treatment programs; establishment of guidelines for program reviews and audits; rules. (1) The Director of the Oregon Health Authority shall administer alcohol and drug abuse programs, including but not limited to programs or components of programs described in ORS 430.397 to 430.401 and 475.225 and ORS chapters 430 and 801 to 822
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(2) Subject to ORS 417.300 and 417.305, the director shall: (a) Report to the Alcohol and Drug Policy Commission on accomplishments and issues occurring during each biennium, and report on a new biennial plan describing resources, needs and priorities for all alcohol and drug abu…
ORS 430.257 [1985 c.740 §6; 1987 c.660 §21; 1991 c.453 §2; 1999 c.1053 §35; 2001 c.900 §135; 2009 c.595 §475; repealed by 2009 c.856 §27]
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[Repealed or reserved.]
ORS 430.258 [1999 c.1053 §31; repealed by 2009 c.856 §27]
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[Repealed or reserved.]
ORS 430.259 [1999 c.1053 §32; 2009 c.595 §476; repealed by 2009 c.856 §27]
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[Repealed or reserved.]
ORS 430.260 [Formerly 430.090; repealed by 2001 c.900 §261]
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[Repealed or reserved.]
ORS 430.262 Registration of sobering facilities; fees prohibited. (1) The Oregon Health Authority shall maintain a registry of sobering facilities
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(2) To be registered, a sobering facility shall send a written request to the Director of the Oregon Health Authority by certified mail, return receipt requested. The written request must include the name and address of the sobering facility and a statement signed by an authorize…
ORS 430.263 Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services; civil immunity. (1) As used in this section, “facility” means a
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(a) Sobering facility registered under ORS 430.262; or (b) Facility licensed, certified or otherwise authorized by a public body to provide detoxification services for substance use. (2) Notwithstanding ORS 689.800, upon the discharge or release of an individual, a facility shall…
ORS 430.265 Contracts with federal government for substance use disorder services. The Oregon Health Authority is authorized to contract with the federal government for services to alcohol and drug-dependent persons who are either residents or nonresidents of the State of Oregon. [Formerly 430.095; 2009 c.595 §477]
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[Repealed or reserved.]
ORS 430.270 Publicizing effects of alcohol and drugs. (1) The Oregon Health Authority shall take such means as it considers most effective to bring to the attention of the general public, employers, the professional community and particularly the youth of the state, the harmful effects to the individual and society of the irresponsible use of alcoholic beverages, controlled substances and other chemicals, and substances with abuse potential
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(2) The activities of the authority under this section may not be inconsistent with the comprehensive substance use prevention, substance use disorder treatment and recovery support services plan developed by the Alcohol and Drug Policy Commission under ORS 430.223. [Formerly 430…
ORS 430.272 Educational resources on risks of inhalant use. (1) For purposes of this section, “inhalant” has the meaning given that term in ORS 167.808
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(2) The Director of the Oregon Health Authority shall develop education resources focusing on the problem of inhalant abuse by minors. The director shall ensure that special emphasis is placed on the education of parents about the risks of inhalant use. The director shall develop…
ORS 430.274 Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services. The Oregon Health Authority shall
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(1) Establish programs that are peer and community driven that ensure access to culturally specific and culturally responsive behavioral health services for people of color, tribal communities and people of lived experience. (2) Provide medical assistance reimbursement for tribal…
ORS 430.275 Oregon Health Authority to provide funding for peer respite centers; rules. (1) As used in this section
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(a) “Peer respite services” means voluntary, nonclinical, short-term residential peer support provided: (A) In a homelike setting to individuals with mental illness or trauma response symptoms who are experiencing acute distress, anxiety or emotional pain that may lead to the nee…
ORS 430.278 Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers. The Oregon Health Authority shall continually evaluate and revise administrative rules governing behavioral health programs and services to reduce the administrative burden of documentation, particularly around assessment and treatment planning, the measures and outcomes tracking system or successor systems and other reporting required for providers seeking certificates of approval and to ensure that the rules are consistent with the medical assistance program administrative rules that apply to behavioral health care staff operating in primary care and other settings. [2021 c.667 §6]
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Note: See note under 430.274.
ORS 430.290 [1973 c.582 §§1,2; 1985 c.740 §13; 2009 c.595 §479; 2009 c.856 §§10,19; repealed by 2011 c.673 §45]
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[Repealed or reserved.]
ORS 430.305 [1971 c.622 §2; repealed by 1973 c.682 §1 (430.306 enacted in lieu of 430.305)]
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[Repealed or reserved.]
ORS 430.306 Definitions. As used in ORS 430.262, 430.315, 430.335, 430.342, 430.397, 430.399, 430.401, 430.402, 430.420 and 430.630, unless the context requires otherwise
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(1) “Alcoholic” means any person who has lost the ability to control the use of alcoholic beverages, or who uses alcoholic beverages to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the per…
ORS 430.310 [1961 c.706 §21; repealed by 1963 c.490 §5]
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[Repealed or reserved.]
ORS 430.315 Policy. The Legislative Assembly finds alcoholism or drug dependence is an illness. The alcoholic or drug-dependent person is ill and should be afforded treatment for that illness. To the greatest extent possible, the least costly settings for treatment, outpatient services and residential facilities shall be widely available and utilized except when contraindicated because of individual health care needs. State agencies that purchase treatment for alcoholism or drug dependence shall develop criteria consistent with this policy in consultation with the Oregon Health Authority. In reviewing applications for certificate of need, the Director of the Oregon Health Authority shall take this policy into account. [1971 c.622 §1; 1973 c.795 §5; 1983 c.601 §3; 1987 c.660 §22; 2001 c.900 §137; 2009 c.595 §481]
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[Repealed or reserved.]
ORS 430.320 [1961 c.706 §22; repealed by 1963 c.490 §5]
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[Repealed or reserved.]
ORS 430.325 [1971 c.622 §3; 1973 c.795 §6; 1975 c.715 §1; 1977 c.745 §39; 1983 c.338 §928; renumbered 430.402 in 2011]
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[Repealed or reserved.]
ORS 430.330 [1961 c.706 §23; repealed by 1963 c.490 §5]
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[Repealed or reserved.]
ORS 430.335 Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders. In accordance with the policies, priorities and standards established by the Alcohol and Drug Policy Commission under ORS 430.223, and subject to the availability of funds therefor, the Oregon Health Authority may
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(1) Provide directly through publicly operated treatment facilities, which shall not be considered to be state institutions, or by contract with publicly or privately operated profit or nonprofit treatment facilities, for the care of individuals with substance use disorders. (2) …
ORS 430.338 Purposes of laws related to alcoholism. The purposes of ORS 430.338 to 430.380 are
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(1) To encourage local units of government to provide treatment and rehabilitation services to persons suffering from alcoholism; (2) To foster sound local planning to address the problem of alcoholism and its social consequences; (3) To promote a variety of treatment and rehabil…
ORS 430.340 [1961 c.706 §11; repealed by 1963 c.490 §5]
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[Repealed or reserved.]
ORS 430.342 Local planning committees; duties; members. (1) The governing body of each county or combination of counties in a mental health administrative area, as designated by the Alcohol and Drug Policy Commission, shall
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(a) Appoint a local planning committee for alcohol and drug prevention and treatment services; or (b) Designate an already existing body to act as the local planning committee for alcohol and drug prevention and treatment services. (2) The committee shall coordinate with local Be…
ORS 430.345 Grants for prevention of, intervention in and treatment for substance use disorders. Upon application therefor, the Oregon Health Authority may make grants from funds specifically appropriated for the purposes of carrying out ORS 430.338 to 430.380 to any applicant for the establishment, operation and maintenance of alcohol and drug abuse prevention, early intervention and treatment services. When necessary, a portion of the appropriated funds may be designated by the authority for training and technical assistance, or additional funds may be appropriated for this purpose. Alcohol and drug abuse prevention, early intervention and treatment services shall be approved if the applicant establishes to the satisfaction of the authority
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(1)(a) The adequacy of the services to accomplish the goals of the applicant and the needs and priorities established under ORS 430.338 to 430.380; or (b) The community need for the services as determined by the local planning committee for alcohol and drug prevention and treatme…
ORS 430.347 Definitions for ORS 430.345 to 430.380. As used in ORS 430.345 to 430.380
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(1) “Applicant” means a county or combination of counties. (2) “Minorities” means persons who are: (a) Black Americans or persons having origins in any of the black racial groups of Africa. (b) Hispanic Americans or persons of Mexican, Puerto Rican, Cuban, Central or South Americ…
ORS 430.350 Assistance and recommendation of local planning committee. (1) Every applicant for a grant made under ORS 430.345 to 430.380 shall be assisted in the preparation and development of alcohol and drug abuse prevention, early intervention and treatment services by the local planning committee operating in the area to which the application relates. Every application shall establish to the satisfaction of the Oregon Health Authority that the committee was actively involved in the development and preparation of such program
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(2) The authority shall require of every applicant for a grant made under ORS 430.345 to 430.380 the recommendation of the local planning committee in the area to which the application relates. The authority shall take such recommendation into consideration before making or refus…
ORS 430.355 Grant application may cover more than one service. An application for funds under ORS 430.345 to 430.380 may contain requests for funds to establish, operate and maintain any number of alcohol and drug abuse prevention, early intervention and treatment services. [1973 c.682 §5; 1977 c.856 §7; 1987 c.53 §4]
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[Repealed or reserved.]
ORS 430.357 Minimum standards; rules. (1) The Oregon Health Authority shall adopt rules to implement ORS 430.338 to 430.380 and to establish minimum standards for alcohol and drug prevention and treatment programs in accordance with the comprehensive substance use prevention, substance use disorder treatment and recovery support services plan developed by the Alcohol and Drug Policy Commission under ORS 430.223
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(2) All standards and guidelines adopted by the authority to implement programs authorized under ORS 430.338 to 430.380 shall be adopted as rules pursuant to ORS chapter 183 regardless of whether they come within the definition of rule in ORS 183.310 (9). [Formerly 430.360; 1985 …
ORS 430.358 Opioid treatment center required to accept Medicare payments. Rules adopted by the Oregon Health Authority, in accordance with ORS 430.357, establishing requirements for the approval of an opioid treatment center to operate in this state must include a requirement that an opioid treatment center accept Medicare payments as reimbursement for the cost of covered services provided by the center. [2021 c.405 §1]
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Note: 430.358 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 430.359 Funding of services. (1) Upon approval of an application, the Oregon Health Authority shall enter into a matching fund relationship with the applicant. In all cases the amount granted by the authority under the matching formula shall not exceed 50 percent of the total estimated costs, as approved by the authority, of the alcohol and drug abuse prevention, early intervention and treatment services
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(2) The authority shall distribute funds to applicants consistent with the budget priority policies adopted by the Alcohol and Drug Policy Commission, the community needs as determined by local planning committees for alcohol and drug prevention and treatment services under ORS 4…
ORS 430.360 [1973 c.682 §6; 1977 c.856 §9; renumbered 430.357]
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[Repealed or reserved.]
ORS 430.362 Application requirements for priority consideration. (1) To receive priority consideration under ORS 430.359 (2), an applicant shall clearly set forth in its application
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(a) The number of minorities within the county with significant populations of affected persons and an estimate of the nature and extent of the need within each minority population for alcohol and drug abuse prevention, early intervention and treatment services; and (b) The manne…
ORS 430.364 Consideration given requests for priority. Within the limits of available funds, in giving priority consideration under ORS 430.359 (2), the Oregon Health Authority shall
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(1) Identify all applications containing funding proposals for minority programs and assess the extent to which such funding proposals address the needs of minorities as stated in ORS 430.362, adjusting such amounts as it deems justified on the basis of the facts presented for it…
ORS 430.365 [1973 c.682 §§7,11; 1975 c.424 §8; 1977 c.856 §9; renumbered 430.359]
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[Repealed or reserved.]
ORS 430.366 Requirements for service proposals and data reporting. (1) Every proposal for alcohol and drug abuse prevention, early intervention and treatment services received from an applicant shall contain
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(a) A clear statement of the goals and objectives of the program for the following fiscal year, including the number of persons to be served and methods of measuring the success of services rendered; (b) A description of services to be funded; and (c) A statement of the minoritie…
ORS 430.368 Appeal and review of funding requests; conclusiveness of review. (1) Any alcohol and drug abuse prevention, early intervention and treatment service, including but not limited to minority programs, aggrieved by any final action of an applicant with regard to requesting funding for the program from the Oregon Health Authority, may appeal the applicant’s action to the Director of the Oregon Health Authority within 30 days of the action. For the purposes of this section “final action” means the submission of the applicant’s compiled funding requests to the authority. The director shall review all appealed actions for compliance with the purposes and requirements of ORS 430.338 to 430.380
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(2) The director shall act on all appeals within 60 days of filing, or before the time of the authority’s decision on the applicant’s funding request, whichever is less. The director is not required to follow procedures for hearing a contested case, but shall set forth written fi…
ORS 430.370 County contracts for services; joint county-city operation. (1) A county may provide alcohol and drug abuse prevention, early intervention and treatment services by contracting therefor with public or private, profit or nonprofit agencies. A county entering into such a contract shall receive grants under ORS 430.345 to 430.380 only if the contracting agency meets the requirements of ORS 430.345 or is a sobering facility registered under ORS 430.262
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(2) A city and county, or any combination thereof, may enter into a written agreement, as provided in ORS 190.003 to 190.620, jointly to establish, operate and maintain alcohol and drug abuse prevention, early intervention and treatment services. [1973 c.682 §§8,9; 1977 c.856 §14…
ORS 430.375 Fee schedule. The Oregon Health Authority shall recommend fee schedules to be used in determining the dollar fee to charge a person admitted to approved alcohol and drug abuse prevention, early intervention and treatment services for the expenses incurred by the service in offering alcohol and drug abuse prevention, early intervention and treatment services. An individual facility may adopt the schedules developed by the authority or may, subject to the approval of the authority, develop and adopt its own fee schedules. The fee schedules adopted by each facility shall be applied uniformly to all persons admitted to the facility and shall be based on the costs of a person’s alcohol and drug abuse prevention, early intervention and treatment services and the ability of the person to pay. The person admitted shall be liable to the facility only to the extent indicated by the fee schedules. [1973 c.682 §10; 1977 c.856 §15; 1987 c.53 §11; 2009 c.595 §491]
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[Repealed or reserved.]
ORS 430.380 Mental Health Alcoholism and Drug Services Account; uses. (1) There is established in the General Fund of the State Treasury an account to be known as the Mental Health Alcoholism and Drug Services Account. Moneys deposited in the account are continuously appropriated for the purposes of ORS 430.345 to 430.380 and to provide funding for sobering facilities registered under ORS 430.262. Moneys deposited in the account may be invested in the manner prescribed in ORS 293.701 to 293.857
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(2) Forty percent of the moneys in the Mental Health Alcoholism and Drug Services Account shall be continuously appropriated to the counties on the basis of population. The counties must use the moneys for the establishment, operation and maintenance of alcohol and drug abuse pre…
ORS 430.381 Construction. Nothing in ORS 430.347, 430.359, 430.380, 471.805, 471.810, 473.030 or this section shall be construed as justification for a reduction in General Fund support of local alcohol and drug abuse prevention, early intervention and treatment services. [Formerly 430.385]
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(Temporary provisions relating to Opioid Settlement Prevention, Treatment and Recovery Fund) Note: Sections 4 to 8, chapter 63, Oregon Laws 2022, provide: Sec. 4. Definitions. As used in sections 4 to 6 of this 2022 Act: (1) “Distributor Settlement Agreement” means the settlement…