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

(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…

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 invest…

(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…

(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 ma…

(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. (2) Any facility, community program or person that retaliates against any person because …

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…

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] Note: See note under 430.735.

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 …

(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 manne…

(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 shal…

(1) As used in this section, “behavioral health employer” means: (a) A residential treatment facility, as defined in ORS 443.400; (b) A residential treatment home, as defined in ORS 443.400; (c) A secure residential treatment facility, as described in ORS 443.465, unless the faci…

The Oregon State University Extension Service shall oversee a project to accelerate the promotion of behavioral health in Oregon by: (1) Convening local committees from across the behavioral health sector to develop a plan to promote behavioral health; (2) Facilitating community …

(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 …