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

(1) No person admitted to a state hospital for the treatment of mental illness shall be considered by virtue of the admission to be incompetent. (2) Upon petition of a person committed to a state hospital, or the guardian, relative or creditor of the person or other interested pe…

(1) The expenses of a proceeding under ORS 426.295 (2) shall be paid by the person with mental illness, unless it appears from the affidavit of the person or other evidence that the person is unable to pay the expenses. If the person is unable to pay, the expenses of the proceedi…

(1) The Oregon Health Authority shall, by filing a written certificate with the last committing court and the court of residence, discharge an individual from court commitment, except one held upon an order of a court or judge having criminal jurisdiction in an action or proceedi…

(1) At the end of the 180-day period of commitment, any person whose status has not been changed to voluntary shall be released unless the Oregon Health Authority certifies to the court in the county where the treating facility is located that the person is still a person with me…

When the person protests a further period of commitment the Oregon Health Authority or facility designated in accordance with ORS 426.301 shall immediately notify the court and the court shall have the person brought before it and shall again advise the person that the authority …

If a person with mental illness requests a hearing under ORS 426.301 or if the court proceeds under ORS 426.275 (5), the following provisions apply: (1) The hearing shall be conducted as promptly as possible and at a time and place as the court may direct. (2) If the person reque…

ORS 426.217 and 426.301 to 426.307 do not restrict or limit the discharge procedures set forth in ORS 426.300. [1973 c.838 §20]

The following is a nonexclusive list of responsibilities for payment of various costs related to commitment proceedings under this chapter as described: (1) Any physician or qualified professional recommended by the Oregon Health Authority who is employed under ORS 426.110 to mak…

(1) The cost of emergency psychiatric care, custody and treatment related to or resulting from such psychiatric condition, provided by a hospital or other facility approved by the Oregon Health Authority and the community mental health program director of the county in which the …

Costs of hearings conducted pursuant to ORS 426.307, and the fees for physicians and other examiners shall be charged to the county of the person’s residence in the same manner provided by ORS 426.318, whether the hearing is held in the county of residence or county of the treati…

(1) If a person with mental illness is a resident of some other county in this state, the county making the commitment shall be reimbursed by the county of which the person is a resident. All reasonable and actual expenses incurred and paid by the county by reason of the care, cu…

When a person with mental illness is assigned to or transferred to a state hospital, all of the actual and necessary expenses of transporting the person to the hospital that are incurred by the agent or attendant from the state hospital, the assistants of the agent or attendant a…

(1) The special funds authorized for the use of the superintendent of the Oregon State Hospital to better enable the superintendent promptly to meet the advances and expenses necessary in the matter of transferring patients to the Oregon State Hospital are continued in existence.…

The following limitations on liability are applicable to actions and proceedings within this chapter and ORS 430.397 to 430.401: (1) The following individuals may not in any way be held criminally or civilly liable for the initiation of commitment procedures under ORS 426.070, pr…

Any individual committed pursuant to ORS 426.005 to 426.223 and 426.273 to 426.380 shall be entitled to the writ of habeas corpus upon proper petition by the individual or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the stat…

(1) Every person with mental illness committed to the Oregon Health Authority shall have the right to: (a) Communicate freely in person and by reasonable access to telephones; (b) Send and receive sealed mail, except that this right may be limited for security reasons in state in…

Nothing in ORS 426.295, 426.297 and 426.380 to 426.390 is intended to detract from the powers of a court under ORS chapter 125 or ORS 179.640. [1967 c.460 §7; 1973 c.823 §137; 1995 c.664 §96]

A simple and clear statement of rights guaranteed to patients committed to the Oregon Health Authority shall be prominently posted in each room frequented by patients in all facilities housing such patients. A copy of the statement shall be given to each patient upon admission an…

(1) The Director of the Oregon Health Authority may adopt rules establishing requirements and procedures for licensing persons who may order, monitor and evaluate the use of restraint and seclusion in facilities providing intensive mental health treatment services to individuals …

It is declared to be the policy and intent of the Legislative Assembly that the State of Oregon shall assist in improving the quality of life of persons with chronic mental illness within this state by ensuring the availability of an appropriate range of residential opportunities…

(1) As used in ORS 426.490 to 426.500, unless the context requires otherwise: (a) “Case manager” means a person who works on a continuing basis with a person with a chronic mental illness and is responsible for assuring the continuity of the various services called for in the dis…

For the purpose of carrying out the policy and intent of ORS 426.490 to 426.500, the Oregon Health Authority shall: (1) Adopt rules for the administration of ORS 426.490 to 426.500; (2) Prepare a written discharge plan for each person with a chronic mental illness who is a patien…

As used in ORS 426.502 to 426.508: (1) “Authority” means the Oregon Health Authority. (2) “Community housing” means property and related equipment that are used or could be used to house persons with chronic mental illness and their care providers. “Community housing” includes si…

(1) The Oregon Health Authority may, through contract or otherwise, acquire, purchase, receive, hold, exchange, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of housing persons with chronic mental illness. (2) The autho…

(1) There is created in the State Treasury, separate and distinct from the General Fund, the Community Mental Health Housing Fund. All earnings on investments of moneys in the Community Mental Health Housing Fund shall accrue to the fund. Interest earned on moneys in the fund sha…

(1) Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, the Department of Corrections shall transfer the real property known as the F. H. Dammasch State Hospital and all improvements to the Oregon Department of Administrative Services to be s…

As used in ORS 426.510 to 426.680, unless the context otherwise requires, “sexually dangerous person” means a person who because of repeated or compulsive acts of misconduct in sexual matters, or because of a qualifying mental disorder, is deemed likely to continue to perform suc…

(1) Pursuant to rules promulgated by the Oregon Health Authority, the superintendent of any state hospital for the treatment and care of persons with mental illness may admit and hospitalize therein as a patient any person in need of medical or mental therapeutic treatment as a s…

The Oregon Health Authority hereby is directed and authorized to establish and operate treatment programs, either separately within an existing state Department of Corrections institution, as part of an existing program within an Oregon Health Authority institution, or in specifi…

(1) When a defendant has been convicted of a sexual offense under ORS 163.305 to 163.467 or 163.525 and there is probable cause to believe the defendant is a sexually dangerous person, the court prior to imposing sentence may continue the time for sentencing and commit the defend…

(1) The superintendent of the facility designated under ORS 426.670 to receive commitments for medical or mental therapeutic treatment of sexually dangerous persons may grant a trial visit to a defendant committed as a condition of probation where: (a) The trial visit is not inco…

(1) For the purposes of this section and ORS 426.702: (a) A person is “extremely dangerous” if the person: (A) Is at least 18 years of age; (B) Is exhibiting symptoms or behaviors of a qualifying mental disorder substantially similar to those that preceded the act described in su…

(1)(a) At the end of the 24-month period of commitment described in ORS 426.701, any person who remains committed under the jurisdiction of the Psychiatric Security Review Board shall be discharged, unless the board certifies to the court in the county in which the person was ori…

As used in this chapter: (1) “Adaptive behavior” means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected for age and cultural group. (2) “Care” means: (a) Supportive services, including, but not li…

(1)(a) Individuals with intellectual or developmental disabilities and society as a whole benefit when the individuals exercise choice and self-determination, living and working in the most integrated community settings appropriate to their needs, with supportive services that ar…

(1) The Department of Human Services shall establish application fees for initial and renewal license, certification and endorsement applications submitted by: (a) Residential training homes and residential training facilities, as defined in ORS 443.400, for licenses under ORS 44…

(1) The Department of Human Services shall adopt rules to ensure fiscal transparency in the provision of community-based services to individuals with intellectual or developmental disabilities and to ensure individuals with intellectual or developmental disabilities receive high …

(1) As used in this section: (a) “Agency” means an entity that is certified and endorsed by the Department of Human Services to provide services to individuals with intellectual or developmental disabilities. (b) “Ownership interest” means: (A) A direct or indirect ownership inte…

As used in this section and ORS 427.115, 427.121, 427.154, 427.215, 430.662 and 430.664: (1) “Community living setting” means: (a) A residential setting; (b) An individual’s home or the home of the individual’s family; or (c) Other nonresidential setting. (2) “Developmental disab…

The Department of Human Services, with funds appropriated for that purpose by the legislature, shall: (1) Contract with each community developmental disabilities program to determine the eligibility of individuals to receive developmental disability services; (2) Provide consulta…

(1) Pursuant to rules of the Department of Human Services, a diagnostic evaluation conducted to determine eligibility for developmental disability services may include, but is not limited to, the following: (a) A social history; (b) A psychological evaluation, including an approp…

(1) As used in this section: (a) “Facility” means any of the following that are licensed or certified by the Department of Human Services or that contract with the department for the provision of services: (A) A health care facility as defined in ORS 442.015; (B) A domiciliary ca…

(1) The Oregon Human Rights Commission established under ORS 427.401 shall receive complaints of violations of the rights afforded to an individual under ORS 427.107. With the consent of the individual, the individual’s guardian or any representative designated by the individual,…

(1) The Department of Human Services or its designee shall assess the support needs for each individual with an intellectual or developmental disability who is receiving developmental disability services in a residential setting and shall determine a service rate that is sufficie…

(1) As used in this section, “adult” means an individual: (a) Who is at least 18 years of age; (b) Who has an intellectual or developmental disability; and (c) Who is eligible for, and who chooses to receive, developmental disability services. (2) An adult has the right to choose…

(1) Developmental disability services are intended to meet the needs of individuals with intellectual or developmental disabilities. The Department of Human Services shall establish by rule the application and eligibility determination processes for developmental disability servi…

The Department of Human Services shall apply any savings generated by support service brokerages developed under the Staley Settlement Agreement to provide services to individuals who are awaiting adult developmental disability support services and who are not receiving any servi…

(1) As used in this section: (a) “Enhanced supports to employers of personal support workers” means support given to an individual in self-directing the individual’s services or in managing personal support workers who are providing in-home services and supports to the individual…

(1) As used in this section and ORS 410.855: (a) “Agency with choice services” means support given to an individual in self-directing the individual’s services or in managing staff who are providing in-home services and supports to the individual, using a person-centered approach…

(1) As used in this section: (a) “Agency” means an agency that hires, trains and supervises direct support professionals using state funds received from the Department of Human Services. (b) “Attendant care services” means services provided directly to an individual with a disabi…