2021 Oregon Revised Statutes
Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities
Section 430.630 - Services to be provided by community mental health programs; local mental health authorities; local mental health services plan.


(a) Outpatient services;
(b) Aftercare for persons released from hospitals;
(c) Training, case and program consultation and education for community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for joint development of prevention programs and activities to reduce factors causing alcohol abuse, alcoholism, drug abuse and drug dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the responsibility of the community mental health program to ensure that, subject to the availability of funds, the following services for persons with alcoholism or drug dependence, and persons who are alcohol or drug abusers, are available when needed and approved by the Oregon Health Authority:
(a) Emergency services on a 24-hour basis, such as telephone consultation, crisis intervention and prehospital screening examination;
(b) Care and treatment for a portion of the day or night, which may include day treatment centers, work activity centers and after-school programs;
(c) Residential care and treatment in facilities such as halfway houses, detoxification centers and other community living facilities;
(d) Continuity of care, such as that provided by service coordinators, community case development specialists and core staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as defined by the Oregon Health Authority.
(3) In addition to any other requirements that may be established by rule of the Oregon Health Authority, each community mental health program, subject to the availability of funds, shall provide or ensure the provision of the following services to persons with mental or emotional disturbances:
(a) Screening and evaluation to determine the client’s service needs;
(b) Crisis stabilization to meet the needs of persons with acute mental or emotional disturbances, including the costs of investigations and prehearing detention in community hospitals or other facilities approved by the authority for persons involved in involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the client’s age, designed to improve the client’s vocational, social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and adolescents, including primary prevention efforts, early identification and early intervention services. Preventive services should be patterned after service models that have demonstrated effectiveness in reducing the incidence of emotional, behavioral and cognitive disorders in children. As used in this paragraph:
(A) "Early identification" means detecting emotional disturbance in its initial developmental stage;
(B) "Early intervention services" for children at risk of later development of emotional disturbances means programs and activities for children and their families that promote conditions, opportunities and experiences that encourage and develop emotional stability, self-sufficiency and increased personal competence; and
(C) "Primary prevention efforts" means efforts that prevent emotional problems from occurring by addressing issues early so that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults, including primary prevention efforts, early identification and early intervention services. Preventive services should be patterned after service models that have demonstrated effectiveness in reducing the incidence of emotional and behavioral disorders and suicide attempts in older adults. As used in this paragraph:
(A) "Early identification" means detecting emotional disturbance in its initial developmental stage;
(B) "Early intervention services" for older adults at risk of development of emotional disturbances means programs and activities for older adults and their families that promote conditions, opportunities and experiences that encourage and maintain emotional stability, self-sufficiency and increased personal competence and that deter suicide; and
(C) "Primary prevention efforts" means efforts that prevent emotional problems from occurring by addressing issues early so that disturbances do not have an opportunity to develop.
(4) A community mental health program shall assume responsibility for psychiatric care in state and community hospitals, as provided in subsection (3)(e) of this section, in the following circumstances:
(a) The person receiving care is a resident of the county served by the program. For purposes of this paragraph, "resident" means the resident of a county in which the person maintains a current mailing address or, if the person does not maintain a current mailing address within the state, the county in which the person is found, or the county in which a court-committed person with a mental illness has been conditionally released.
(b) The person has been hospitalized involuntarily or voluntarily, pursuant to ORS 426.130 or 426.220, except for persons confined to the Secure Child and Adolescent Treatment Unit at Oregon State Hospital, or has been hospitalized as the result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of hospitalization.
(d) The hospital has collected all available patient payments and third-party reimbursements.
(e) In the case of a community hospital, the authority has approved the hospital for the care of persons with mental or emotional disturbances, the community mental health program has a contract with the hospital for the psychiatric care of residents and a representative of the program approves voluntary or involuntary admissions to the hospital prior to admission.
(5) Subject to the review and approval of the Oregon Health Authority, a community mental health program may initiate additional services after the services defined in this section are provided.
(6) Each community mental health program and the state hospital serving the program’s geographic area shall enter into a written agreement concerning the policies and procedures to be followed by the program and the hospital when a patient is admitted to, and discharged from, the hospital and during the period of hospitalization.
(7) Each community mental health program shall have a mental health advisory committee, appointed by the board of county commissioners or the county court or, if two or more counties have combined to provide mental health services, the boards or courts of the participating counties or, in the case of a Native American reservation, the tribal council.
(8) A community mental health program may request and the authority may grant a waiver regarding provision of one or more of the services described in subsection (3) of this section upon a showing by the county and a determination by the authority that persons with mental or emotional disturbances in that county would be better served and unnecessary institutionalization avoided.
(9)(a) As used in this subsection, "local mental health authority" means one of the following entities:
(A) The board of county commissioners of one or more counties that establishes or operates a community mental health program;
(B) The tribal council, in the case of a federally recognized tribe of Native Americans that elects to enter into an agreement to provide mental health services; or
(C) A regional local mental health authority comprising two or more boards of county commissioners.
(b) Each local mental health authority that provides mental health services shall determine the need for local mental health services and adopt a comprehensive local plan for the delivery of mental health services for children, families, adults and older adults that describes the methods by which the local mental health authority shall provide those services. The purpose of the local plan is to create a blueprint to provide mental health services that are directed by and responsive to the mental health needs of individuals in the community served by the local plan. A local mental health authority shall coordinate its local planning with the development of the community health improvement plan under ORS 414.575 by the coordinated care organization serving the area. The Oregon Health Authority may require a local mental health authority to review and revise the local plan periodically.
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize administrative expenses;
(C) Provide supported employment and other vocational opportunities for consumers;
(D) Determine the most appropriate service provider among a range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health disorders;
(G) Develop a process for discharge from state and local psychiatric hospitals and transition planning between levels of care or components of the system of care;
(H) Provide peer support services, including but not limited to drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice systems, adult and juvenile corrections systems and local mental health programs to ensure that persons with mental illness who come into contact with the justice and corrections systems receive needed care and to ensure continuity of services for adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health authority shall:
(A) Coordinate with the budgetary cycles of state and local governments that provide the local mental health authority with funding for mental health services;
(B) Involve consumers, advocates, families, service providers, schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating council to address the services described in paragraph (c)(J) of this subsection;
(D) Conduct a population based needs assessment to determine the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used to support and implement the local plan;
(I) Demonstrate ways to integrate local services and administrative functions in order to support integrated service delivery in the local plan; and
(J) Involve the local mental health advisory committees described in subsection (7) of this section.
(e) The local plan must describe how the local mental health authority will ensure the delivery of and be accountable for clinically appropriate services in a continuum of care based on consumer needs. The local plan shall include, but not be limited to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital beds;
(M) Precommitment and civil commitment in accordance with ORS chapter 426; and
(N) Outreach to older adults at locations appropriate for making contact with older adults, including senior centers, long term care facilities and personal residences.
(f) In developing the part of the local plan referred to in paragraph (c)(J) of this subsection, the local mental health authority shall collaborate with the local public safety coordinating council to address the following:
(A) Training for all law enforcement officers on ways to recognize and interact with persons with mental illness, for the purpose of diverting them from the criminal and juvenile justice systems;
(B) Developing voluntary locked facilities for crisis treatment and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile detention center custody roster and the identity of persons of concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an alternative for persons with mental illness in the criminal and juvenile justice systems; and
(E) Developing mental health services, including housing, for persons with mental illness prior to and upon release from custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described in the Report to the Governor from the Mental Health Alignment Workgroup, January 2001;
(B) Be provided to children, older adults and families as close to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental health needs, from providers appropriate to deliver those services;
(E) Be delivered in an integrated service delivery system with integrated service sites or processes, and with the use of integrated service teams;
(F) Ensure consumer choice among a range of qualified providers in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers and service delivery systems, with an emphasis on transition between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the Oregon Health Authority a copy of the local plan and revisions adopted under paragraph (b) of this subsection at time intervals established by the Oregon Health Authority. [1961 c.706 §40; 1973 c.639 §3; 1981 c.750 §3; 1985 c.740 §17; 1987 c.903 §37; 1991 c.777 §2; 1995 c.79 §219; 2001 c.899 §1; 2003 c.553 §5; 2003 c.782 §1; 2005 c.22 §297; 2005 c.691 §2; 2007 c.70 §230; 2009 c.595 §508; 2009 c.856 §§14,23; 2011 c.720 §§171,172; 2012 c.37 §101; 2013 c.640 §§3,4]

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.