71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 385
 
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 Governor John A. Kitzhaber,
  M.D., for Department of Human Services)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to operation of community mental health and
  developmental disabilities program by tribes of Native
  Americans; 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 - }  { +  federally recognized + } 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) Establish and promulgate the standards and requirements to
be met by the biennial plan and budget information for the
 
 
Enrolled Senate Bill 385 (SB 385-INTRO)                    Page 1
 
 
 
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) 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.
  (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.
                         ----------
 
 
Passed by Senate February 1, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 21, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 385 (SB 385-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 385 (SB 385-INTRO)                    Page 3