2021 Oregon Revised Statutes
Chapter 430 - Mental and Behavioral Health Treatment; Developmental Disabilities
Section 430.640 - Duties of Oregon Health Authority in assisting and supervising community mental health programs; rules.


(a) Assist Oregon counties and groups of Oregon counties in the establishment and financing of community mental health programs operated or contracted for by one or more counties.
(b) If a county declines to operate or contract for a community mental health program, contract with another public agency or private corporation to provide the program. The county must be provided with an opportunity to review and comment.
(c) In an emergency situation when no community mental health program is operating within a county or when a county is unable to provide a service essential to public health and safety, operate the program or service on a temporary basis.
(d) At the request of the tribal council of a federally recognized tribe of Native Americans, contract with the tribal council for the establishment and operation of a community mental health program in the same manner in which the authority contracts with a county court or board of county commissioners.
(e) If a county agrees, contract with a public agency or private corporation for all services within one or more of the following program areas:
(A) Mental or emotional disturbances.
(B) Drug abuse.
(C) Alcohol abuse and alcoholism.
(f) Approve or disapprove the local plan and budget information for the establishment and operation of each community mental health program. Subsequent amendments to or modifications of an approved plan or budget information involving more than 10 percent of the state funds provided for services under ORS 430.630 may not be placed in effect without prior approval of the authority. However, an amendment or modification affecting 10 percent or less of state funds for services under ORS 430.630 within the portion of the program for persons with mental or emotional disturbances or within the portion for persons with alcohol or drug dependence may be made without authority approval.
(g) Make all necessary and proper rules to govern the establishment and operation of community mental health programs, including adopting rules defining the range and nature of the services which shall or may be provided under ORS 430.630.
(h) Collect data and evaluate services in the state hospitals in accordance with the same methods prescribed for community mental health programs under ORS 430.634.
(i) Develop guidelines that include, for the development of comprehensive local plans in consultation with local mental health authorities:
(A) The use of integrated services;
(B) The outcomes expected from services and programs provided;
(C) Incentives to reduce the use of state hospitals;
(D) Mechanisms for local sharing of risk for state hospitalization;
(E) The provision of clinically appropriate levels of care based on an assessment of the mental health needs of consumers;
(F) The transition of consumers between levels of care; and
(G) The development, maintenance and continuation of older adult mental health programs with mental health professionals trained in geriatrics.
(j) Work with local mental health authorities to provide incentives for community-based care whenever appropriate while simultaneously ensuring adequate statewide capacity.
(k) Provide technical assistance and information regarding state and federal requirements to local mental health authorities throughout the local planning process required under ORS 430.630 (9).
(L) Provide incentives for local mental health authorities to enhance or increase vocational placements for adults with mental health needs.
(m) Develop or adopt nationally recognized system-level performance measures, linked to the Oregon Benchmarks, for state-level monitoring and reporting of mental health services for children, adults and older adults, including but not limited to quality and appropriateness of services, outcomes from services, structure and management of local plans, prevention of mental health disorders and integration of mental health services with other needed supports.
(n) Develop standardized criteria for each level of care described in ORS 430.630 (9), including protocols for implementation of local plans, strength-based mental health assessment and case planning.
(o) Develop a comprehensive long-term plan for providing appropriate and adequate mental health treatment and services to children, adults and older adults that is derived from the needs identified in local plans, is consistent with the vision, values and guiding principles in the Report to the Governor from the Mental Health Alignment Workgroup, January 2001, and addresses the need for and the role of state hospitals.
(p) Report biennially to the Governor and the Legislative Assembly on the progress of the local planning process and the implementation of the local plans adopted under ORS 430.630 (9)(b) and the state planning process described in paragraph (o) of this subsection, and on the performance measures and performance data available under paragraph (m) of this subsection.
(q) On a periodic basis, not to exceed 10 years, reevaluate the methodology used to estimate prevalence and demand for mental health services using the most current nationally recognized models and data.
(r) Encourage the development of regional local mental health authorities comprised of two or more boards of county commissioners that establish or operate a community mental health program.
(2) The Oregon Health Authority may provide technical assistance and other incentives to assist in the planning, development and implementation of regional local mental health authorities whenever the Oregon Health Authority determines that a regional approach will optimize the comprehensive local plan described under ORS 430.630 (9).
(3) The enumeration of duties and functions in subsections (1) and (2) of this section shall not be deemed exclusive nor construed as a limitation on the powers and authority vested in the authority by other provisions of law. [1961 c.706 §38; 1973 c.639 §4; 1981 c.750 §7; 2001 c.325 §1; 2001 c.694 §1; 2001 c.899 §2; 2005 c.691 §3; 2007 c.70 §231; 2009 c.595 §511; 2009 c.828 §22; 2009 c.856 §25; 2011 c.720 §§177,178; 2013 c.640 §6]

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.