71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1613
A-Engrossed
Senate Bill 144
Ordered by the Senate May 23
Including Senate Amendments dated May 23
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Judiciary
Committee)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Directs Mental Health and Developmental Disability Services
Division to { - develop plan for providing children and adults
mental health treatment and services in least restrictive
setting. - } { + adopt standards and requirements for community
mental health and developmental disabilities programs. Directs
division to develop comprehensive, long-term plan for mental
health treatment and services based on biennial plans submitted
by community mental health and developmental disabilities
programs and consistent with findings of Mental Health Alignment
Work Group. + }
A BILL FOR AN ACT
Relating to mental health services; creating new provisions; and
amending ORS 430.640.
Be It Enacted by the People of the State of Oregon:
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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