71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 144
LC 1613/SB 144-2
SENATE AMENDMENTS TO
SENATE BILL 144
By COMMITTEE ON JUDICIARY
May 23
In line 2 of the printed bill, before the period insert ';
creating new provisions; and amending ORS 430.640'.
Delete lines 4 through 25 and insert:
' { + SECTION 1. + } ORS 430.640 is amended to read:
' 430.640. (1) The Mental Health and Developmental Disability
Services Division, 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 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) { + In consultation with community mental health and
developmental disabilities programs, + } establish and
{ - promulgate - } { + adopt + } 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. { + The standards and requirements adopted under this
paragraph shall:
' (A) Be consistent with the findings of the January 2001
report to the Governor from the Mental Health Alignment Work
Group;
' (B) Specify a deadline for submission of biennial plans;
' (C) Reflect coordination with the planning processes for
local public safety coordinating councils described in ORS
423.560, local commissions on children and families in developing
local coordinated comprehensive plans as defined in ORS 417.705
and local alcoholism or drug planning committees described in ORS
430.342 or other law;
' (D) Include an assessment of clinically appropriate mental
health services for children and adults based on a continuum of
care;
' (E) Ensure appropriate planning for the assessment and
transition of children and adults between levels of care; and
' (F) Describe expected performance criteria and standards for
levels of care. + }
' (g) Approve or disapprove the biennial plan and budget
information for the establishment and operation of each community
mental health and developmental disabilities 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. 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
approval.
' (h) 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) 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. { + The evaluation shall consider the role of state
hospitals in providing mental health services. + }
' (2) 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 by
other provisions of law.
' { + SECTION 2. + } { + (1) The Mental Health and
Developmental Disability Services Division shall develop a
comprehensive, long-term plan for providing appropriate and
adequate mental health treatment and services to children and
adults. The plan shall be based on needs identified in biennial
plans submitted by community mental health and developmental
disabilities programs under ORS 430.630 (7) and shall be
consistent with the findings of the January 2001 report to the
Governor from the Mental Health Alignment Work Group.
' (2) In developing the plan, the division shall work with
interested parties, including but not limited to consumers,
families, providers, advocates and schools.
' (3) The plan shall include an analysis of the budgetary and
programmatic effects of implementing the plan, including the
effects of any recommended new or expanded services or
facilities.
' (4) The division shall present the plan to the appropriate
interim committee of the Legislative Assembly, or to the
Legislative Assembly, no later than February 1, 2003. + } ' .
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