71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3024
Sponsored by Representative KRUSE, Senator GORDLY; Representative
MONNES ANDERSON
CHAPTER ................
AN ACT
Relating to mental health services; creating new provisions;
amending ORS 430.342, 430.630, 430.640 and 430.672; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements
{ - which - } { + that + } may be established by rule by the
Mental Health and Developmental Disability Services Division,
each community mental health and developmental disabilities
program shall provide the following basic services to persons
with mental retardation and developmental disabilities and
alcohol abuse, alcoholism, drug abuse and drug dependence:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals and training
centers;
(c) Training, case and program consultation and education for
community agencies, related professions and the public; and
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing mental retardation and developmental disabilities
and alcohol abuse, alcoholism, drug abuse and drug dependence.
(2) As alternatives to state hospitalization, it shall be the
responsibility of the community mental health and developmental
disabilities program to insure that, subject to the availability
of funds, the following services for the mentally retarded and
developmentally disabled, alcohol abuser, alcoholic, drug abuser
and drug-dependent persons are available when needed and approved
by the Mental Health and Developmental Disability Services
Division:
(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
preschool 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;
Enrolled House Bill 3024 (HB 3024-A) Page 1
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the division.
(3) In addition to any other requirements { - which - }
{ + that + } may be established by rule of the division, each
community mental health and developmental disabilities program,
subject to the availability of funds, shall provide or
{ - assure - } { + 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 suffering
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the division 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; and
(L)(A) 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.
(B) As used in this subsection:
(i) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(ii) 'Early intervention services' for children at risk of
later development of emotional disturbance 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
(iii) '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 and developmental disabilities
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 mentally ill person has been conditionally released.
Enrolled House Bill 3024 (HB 3024-A) Page 2
(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 division has
approved the hospital for the care of mentally or emotionally
disturbed persons, the community mental health and developmental
disabilities 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 division, a
community mental health and developmental disabilities program
may initiate additional services after the services defined in
this section are provided.
(6) Each community mental health and developmental disabilities
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 and developmental
disabilities program shall submit a biennial plan, budget
information and progress report documenting needs and conformance
with the requirements of this section and shall maintain records
and submit other data, including the evaluation data described in
ORS 430.665, as required by the division. - }
{ - (8) - } { + (7) + } Each community mental health and
developmental disabilities 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.
{ - (9) - } { + (8) + } A community mental health and
developmental disabilities program may request and the division
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 division that
mentally or emotionally disturbed persons in that county would be
better served and unnecessary institutionalization avoided.
{ - (10) - } { + (9) + } Each community mental health and
developmental disabilities program shall cooperate fully with the
Governor's Council on Alcohol and Drug Abuse Programs in the
performance of its duties.
{ + (10)(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 and
developmental disabilities 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 comprised of two
or more boards of county commissioners.
Enrolled House Bill 3024 (HB 3024-A) Page 3
(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 and adults that
describes the methods by which the local mental health authority
shall provide those services. The local mental health authority
shall review and revise the local plan biennially. 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.
(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, 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 and 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;
Enrolled House Bill 3024 (HB 3024-A) Page 4
(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; and
(M) Precommitment and civil commitment in accordance with ORS
chapter 426.
(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 and families as close to their
homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children 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;
Enrolled House Bill 3024 (HB 3024-A) Page 5
(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
Department of Human Services a copy of the local plan and
biennial revisions adopted under paragraph (b) of this subsection
at time intervals established by the department. + }
SECTION 1a. { + Each local mental health authority that
provides mental health services shall submit to the Department of
Human Services a copy of the first comprehensive local plan
adopted under ORS 430.630 (10) no later than March 1, 2002. + }
SECTION 2. ORS 430.640 is amended to read:
430.640. (1) The { - Mental Health and Developmental
Disability Services Division - } { + Department of Human
Services + }, 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 and
developmental disabilities programs operated or contracted for by
one or more counties.
(b) If a county declines to operate or contract for a community
mental health and developmental disabilities 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
and developmental disabilities program is operating within a
county or 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 land-based tribe
of Native Americans whose reservation extends into two or more
counties, contract with the tribal council for the establishment
and operation of a community mental health and developmental
disabilities program in the same manner that the
{ - division - } { + department + } 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: Mental or emotional disturbances, drug
abuse, mental retardation or other developmental disabilities and
alcohol abuse and alcoholism.
{ - (f) Establish and promulgate the standards and
requirements to be met by the biennial plan and budget
information for the establishment and operation of each community
mental health and developmental disabilities program including
the requirement that all services described in ORS 430.630 (3)
are provided by each program unless a waiver has been
granted. - }
{ - (g) - } { + (f) + } Approve or disapprove the biennial
plan and budget information for the establishment and operation
of each community mental health and developmental disabilities
Enrolled House Bill 3024 (HB 3024-A) Page 6
program. No 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 shall be placed in effect without prior approval of the
{ - division - } { + department + }. 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 mental retardation and developmental
disabilities or within the portion for persons with alcohol and
drug dependence may be made without { - division - }
{ + department + } approval.
{ - (h) - } { + (g) + } Make all necessary and proper rules
to govern the establishment and operation of community mental
health and developmental disabilities programs, including
adopting rules defining the range and nature of the services
which shall or may be provided under ORS 430.630.
{ - (i) - } { + (h) + } Collect data and evaluate services
in the state hospitals in accordance with the same methods
prescribed for community mental health and developmental
disabilities programs under ORS 430.665.
{ + (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;
and
(F) The transition of consumers between levels of care.
(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
(10).
(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 and 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 (10), 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 and 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
Enrolled House Bill 3024 (HB 3024-A) Page 7
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
(10)(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
and developmental disabilities program.
(2) The department may provide technical assistance and other
incentives to assist in the planning, development and
implementation of regional local mental health authorities
whenever the department determines that a regional approach will
optimize the comprehensive local plan described under ORS 430.630
(10). + }
{ - (2) - } { + (3) + } The enumeration of duties and
functions in subsection (1) of this section shall not be deemed
exclusive nor construed as a limitation on the powers and
authority vested in the { - division - } { + department + }
by other provisions of law.
SECTION 3. ORS 430.342 is amended to read:
430.342. (1) The governing body of each county or combination
of counties in a mental health administrative area, as designated
by the Mental Health and Developmental Disability Services
Division shall appoint a local alcoholism planning committee or
shall designate an already existing body to act as the local
alcoholism planning committee.
(2) The committee shall identify needs and establish priorities
for alcoholism services { - in the annual community mental
health plan required by ORS 430.630 - } . In doing so, it shall
coordinate its activities with existing community mental health
planning bodies.
(3) Members of the committee shall be representative of the
geographic area and shall be persons with interest or experience
in developing programs dealing with alcohol problems. The
membership of the committee shall include a number of minority
members which reasonably reflects the proportion of the need for
alcoholism treatment and rehabilitation services of minorities in
the community.
SECTION 4. ORS 430.672 is amended to read:
430.672. (1) Except for community mental health and
developmental disabilities programs operated by the county, a
county may impose only standards, requirements and conditions for
mental health and developmental disabilities programs that are
substantially similar to the standards, requirements and
conditions established for such programs by the { - Mental
Health and Developmental Disability Services Division - } { +
Department of Human Services + }.
(2) When a county contracts with a public agency or private
corporation for a community mental health and developmental
disabilities program, the county shall include in the contract
only terms that are substantially similar to model contract terms
Enrolled House Bill 3024 (HB 3024-A) Page 8
developed by the { - division - } { + department + } under
ORS 430.640 { - (1)(h) - } { + (1)(g) + }. The county may not
add contractual requirements, including qualifications for
contractor selection, that are nonessential to the services
provided under ORS 430.630. The county may add contract
requirements that the county considers necessary to ensure the
siting and maintenance of facilities of the community mental
health and developmental disabilities program.
(3) The provisions of subsections (1) and (2) of this section
apply only insofar as funds are provided by the
{ - division - } { + department + } to the county for community
mental health and developmental disabilities programs.
(4) As used in this section, 'community mental health and
developmental disabilities program' includes those program
elements that serve only persons with developmental disabilities.
SECTION 5. { + A local mental health authority shall submit to
the Department of Human Services by October 1 of each
even-numbered year a report on the implementation of the
comprehensive local plan adopted under ORS 430.630 (10). + }
SECTION 6. { + Section 5 of this 2001 Act becomes operative on
January 2, 2004. + }
SECTION 7. { + By February 28, 2003, each local mental health
authority that provides mental health services shall submit to
the Department of Human Services a report on the implementation
of the first comprehensive local plan submitted to the department
pursuant to section 1a of this 2001 Act. + }
SECTION 8. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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Passed by House May 29, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 7, 2001
...........................................................
President of Senate
Enrolled House Bill 3024 (HB 3024-A) Page 9
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3024 (HB 3024-A) Page 10