2021 Oregon Revised Statutes
Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities
Section 430.306 - Definitions.


(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 person is substantially disrupted. An alcoholic may be physically dependent, a condition in which the body requires a continuing supply of alcohol to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of alcoholic beverages.
(2) "Detoxification center" means a publicly or privately operated profit or nonprofit facility approved by the Oregon Health Authority that provides emergency care or treatment for alcoholics or drug-dependent persons.
(3) "Director of the treatment facility" means the person in charge of treatment and rehabilitation programs at a treatment facility.
(4) "Drug-dependent person" means one who has lost the ability to control the personal use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances 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 person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance.
(5) "Halfway house" means a publicly or privately operated profit or nonprofit, residential facility approved by the authority that provides rehabilitative care and treatment for alcoholics or drug-dependent persons.
(6) "Local planning committee" means a local planning committee for alcohol and drug prevention and treatment services appointed or designated by the county governing body under ORS 430.342.
(7) "Police officer" means a member of a law enforcement unit who is employed on a part-time or full-time basis as a peace officer, commissioned by a city, a county or the Department of State Police and responsible for enforcing the criminal laws of this state and any person formally deputized by the law enforcement unit to take custody of a person who is intoxicated or under the influence of controlled substances.
(8) "Sobering facility" means a facility that meets all of the following criteria:
(a) The facility operates for the purpose of providing to individuals who are acutely intoxicated a safe, clean and supervised environment until the individuals are no longer acutely intoxicated.
(b) The facility contracts with or is affiliated with a treatment program or a provider approved by the authority to provide addiction treatment, and the contract or affiliation agreement includes, but is not limited to, case consultation, training and advice and a plan for making referrals to addiction treatment.
(c) The facility, in consultation with the addiction treatment program or provider, has adopted comprehensive written policies and procedures incorporating best practices for the safety of intoxicated individuals, employees of the facility and volunteers at the facility.
(d) The facility is registered with the Oregon Health Authority under ORS 430.262.
(9) "Treatment facility" includes outpatient facilities, inpatient facilities and other facilities the authority determines suitable and that provide services that meet minimum standards established under ORS 430.357, any of which may provide diagnosis and evaluation, medical care, detoxification, social services or rehabilitation for alcoholics or drug-dependent persons and which operate in the form of a general hospital, a state hospital, a foster home, a hostel, a clinic or other suitable form approved by the authority. [1973 c.682 §1a (enacted in lieu of 430.305); 1977 c.856 §2; 1979 c.744 §24; 1987 c.61 §1; 2001 c.900 §136; 2009 c.595 §480; 2011 c.673 §18; 2015 c.730 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities

Section 430.010 - Definitions.

Section 430.021 - Functions of Department of Human Services and Oregon Health Authority; report to authority on use of restraint or seclusion; rules.

Section 430.050 - Mental Health Advisory Board; Disability Issues Advisory Committee; rules.

Section 430.071 - Policy to support and promote self-determination.

Section 430.073 - Consumer Advisory Council.

Section 430.075 - Consumer participation on task forces, commissions, advisory groups and committees.

Section 430.078 - Rules.

Section 430.140 - Federal grants for promoting mental health.

Section 430.195 - Receipt of funds for client use; disbursements from trust accounts; authority of other agencies.

Section 430.197 - Mental Health Services Fund.

Section 430.205 - Definitions for ORS 430.205 and 430.210.

Section 430.210 - Rights of persons receiving mental health services.

Section 430.212 - Reconnection of family members to individual with developmental disability; rules.

Section 430.215 - Responsibility for developmental disability services and psychiatric treatment services for children.

Section 430.216 - Report to Legislative Assembly.

Section 430.220 - Director; appointment; powers and duties.

Section 430.221 - Commission members; terms; subcommittees.

Section 430.223 - Comprehensive addiction, prevention, treatment and recovery plan; rules.

Section 430.230 - Definitions.

Section 430.231 - Improving People’s Access to Community-based Treatment, Supports and Services Program established; purpose; duties of Grant Review Committee; rules.

Section 430.233 - Improving People’s Access to Community-based Treatment, Supports and Services Account.

Section 430.234 - Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established; membership.

Section 430.235 - Grant Review Committee; approval and distribution of grants.

Section 430.236 - Establishment of quality improvement subcommittee; statewide data tracking.

Section 430.238 - State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population.

Section 430.243 - Grants to coordinated care organizations authorized.

Section 430.245 - Identification of costs and cost savings from program; annual report to Legislative Assembly on costs, cost savings and outcomes.

Section 430.254 - Goal of treatment programs for persons with substance use disorders.

Section 430.256 - Planning and administering alcohol and drug treatment programs; establishment of guidelines for program reviews and audits; rules.

Section 430.262 - Registration of sobering facilities; fees prohibited.

Section 430.270 - Publicizing effects of alcohol and drugs.

Section 430.272 - Educational resources on risks of inhalant use.

Section 430.274 - Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services.

Section 430.275 - Oregon Health Authority to provide funding for peer respite centers; rules.

Section 430.278 - Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers.

Section 430.306 - Definitions.

Section 430.335 - Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders.

Section 430.338 - Purposes of laws related to alcoholism.

Section 430.342 - Local planning committees; duties; members.

Section 430.345 - Grants for prevention of, intervention in and treatment for substance use disorders.

Section 430.347 - Definitions for ORS 430.345 to 430.380.

Section 430.350 - Assistance and recommendation of local planning committee.

Section 430.357 - Minimum standards; rules.

Section 430.358 - Opioid treatment center required to accept Medicare payments.

Section 430.359 - Funding of services.

Section 430.362 - Application requirements for priority consideration.

Section 430.364 - Consideration given requests for priority.

Section 430.366 - Requirements for service proposals and data reporting.

Section 430.368 - Appeal and review of funding requests; conclusiveness of review.

Section 430.370 - County contracts for services; joint county-city operation.

Section 430.380 - Mental Health Alcoholism and Drug Services Account; uses.

Section 430.383 - Findings and policy.

Section 430.384 - Drug Treatment and Recovery Services Fund established.

Section 430.386 - Moneys in fund not to replace current funding for programs and services.

Section 430.387 - Distribution of moneys in fund.

Section 430.388 - Oversight and Accountability Council.

Section 430.389 - Council to oversee and approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services.

Section 430.390 - Administration of grants; rules.

Section 430.391 - Behavioral Health Resource Network statewide telephone hotline.

Section 430.392 - Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund.

Section 430.393 - Report to Legislative Assembly.

Section 430.397 - Voluntary admission of person to treatment facility; notice to parent or guardian.

Section 430.399 - When person must be taken to treatment facility or sobering facility; admission or referral; when jail custody may be used; confidentiality of records.

Section 430.401 - Liability of public officers, providers, treatment facilities and sobering facilities.

Section 430.402 - Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs.

Section 430.420 - Integration of drug treatment services into criminal justice system; plans.

Section 430.422 - Drug Prevention and Education Fund.

Section 430.424 - Distribution of funds; funding criteria.

Section 430.426 - Rules; acceptance of gifts, grants and donations.

Section 430.450 - Definitions for ORS 430.450 to 430.555.

Section 430.455 - Information to arrested person believed to have substance use disorder.

Section 430.470 - Notice of right to evaluation if not given at time of arrest.

Section 430.475 - Evaluation results as evidence; admissibility at subsequent trial; privileged communication.

Section 430.490 - Diversion plan for defendant; participation as condition of probation or parole.

Section 430.495 - Content of diversion plan; duration.

Section 430.500 - Dismissal of charges.

Section 430.535 - Requirement to develop bilingual forms.

Section 430.540 - Designation of and standards for evaluation sites.

Section 430.545 - Procedures at evaluation sites; administration of antagonist drugs.

Section 430.560 - Oregon Health Authority adoption of requirements for contracted drug treatment programs; rules.

Section 430.572 - Internet access to providers of opiate use disorder treatment.

Section 430.573 - Statewide capacity to provide opiate use disorder treatment.

Section 430.590 - Regulation of location of methadone clinic; enforcement.

Section 430.610 - Legislative policy.

Section 430.620 - Establishment of community mental health and developmental disabilities programs by one or more counties.

Section 430.626 - Definitions.

Section 430.627 - Statewide coordinated crisis system; rules.

Section 430.628 - City and community mental health program provision of crisis stablilization services; rules.

Section 430.629 - Planning and ongoing oversight of services.

Section 430.630 - Services to be provided by community mental health programs; local mental health authorities; local mental health services plan.

Section 430.631 - Local advisory committees.

Section 430.632 - Report on implementation of comprehensive local plan for delivery of mental health services.

Section 430.634 - Evaluation of programs; population schedule for distributing funds.

Section 430.637 - Criteria for certificate of approval issued to mental health or substance use disorder treatment provider; advisory committee; reporting requirements; rules.

Section 430.638 - Immunity from civil liability for reliance on certificate of approval.

Section 430.640 - Duties of Oregon Health Authority in assisting and supervising community mental health programs; rules.

Section 430.641 - Behavioral Health Housing Incentive Fund established.

Section 430.643 - Disbursement of moneys in fund.

Section 430.644 - Priorities for services provided by community mental health programs.

Section 430.646 - Priorities for services for persons with mental or emotional disturbances.

Section 430.648 - Funding distribution formula; matching funds; administrative expenses.

Section 430.651 - Use of population data in funding formula.

Section 430.662 - Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services; rules.

Section 430.664 - Requirements for developmental disabilities programs and support service brokerages.

Section 430.670 - Contracts to provide services; approval of department or authority; competition for subcontracts; exception.

Section 430.672 - Contract requirements for community mental health or developmental disabilities programs.

Section 430.673 - Mediation; retaliation prohibited; action for damages; attorney fees; rules.

Section 430.695 - Treatment of certain receipts as offsets to state funds; contracts for statewide or regional services; retention of receipts.

Section 430.705 - Mental health services for children.

Section 430.708 - Priority for preventive services for children.

Section 430.709 - Funding of regional centers for treatment of adolescents with substance use disorders; rules; criteria for areas served by centers.

Section 430.717 - Collection of data regarding demand and capacity for intensive behavorial health treatment for children and adolescents; call center for identifying and tracking placement settings.

Section 430.731 - Uniform investigation procedures; rules.

Section 430.735 - Definitions for ORS 430.735 to 430.765.

Section 430.737 - Mandatory reports and investigations.

Section 430.738 - Privileges not applicable to abuse proceedings.

Section 430.739 - County multidisciplinary teams; protocols; reports.

Section 430.743 - Abuse report; content; action on report; notice to law enforcement agency and Department of Human Services.

Section 430.745 - Investigation of abuse; notice to medical examiners; findings; recommendations.

Section 430.746 - Training requirements for persons investigating reports of alleged abuse.

Section 430.747 - Photographs of victim during investigation; exception; photographs as records.

Section 430.753 - Immunity of persons making reports in good faith; confidentiality.

Section 430.755 - Retaliation prohibited; liability for retaliation.

Section 430.756 - Immunity of employer reporting abuse by employee.

Section 430.757 - Reports of abuse to be maintained by Department of Human Services.

Section 430.763 - Confidentiality of records; when record may be made available to agency.

Section 430.765 - Duty of officials to report abuse; exceptions for privileged communications; exception for religious practice.

Section 430.768 - Claims of self-defense addressed in certain reports of abuse; review teams; rules.

Section 430.850 - Treatment program; eligibility.

Section 430.860 - Participation in program; report to court.

Section 430.880 - Gifts, grants or services.

Section 430.905 - Policy.

Section 430.920 - Risk assessment for drug and alcohol use; informing patient of results; assistance to patient in reducing need for controlled substances.

Section 430.955 - Standardized screening instrument; assessing drug use during pregnancy.