Chapter 164
AN ACT
SB 265
Relating to reporting to Department of Human
Services regarding psychiatric treatment methods; amending ORS 430.021.
Be It Enacted by the People of
the State of
SECTION 1. ORS 430.021 is amended to read:
430.021. Subject to ORS
417.300 and 417.305:
(1) The Department of
Human Services shall direct, promote, correlate and coordinate all the
activities, duties and direct services for the mentally or emotionally
disturbed, mentally retarded and developmentally disabled, alcoholic and
drug-dependent persons; and promote, correlate and coordinate the mental health
and developmental disabilities activities of all governmental organizations
throughout the state in which there is any direct contact with mental health
and developmental disabilities programs.
(2) The department shall
develop cooperative programs with interested private groups throughout the
state to effect better community awareness and action in the field of mental
health and developmental disabilities, and encourage and assist in all
necessary ways community general hospitals to establish psychiatric services.
(3) To the greatest
extent possible, the least costly settings for treatment, outpatient services
and residential facilities shall be widely available and utilized except when
contraindicated because of individual health care needs. State agencies that
purchase treatment for mental or emotional disturbances shall develop criteria
consistent with this policy. In reviewing applications for certificates of
need, the Director of Human Services shall take this policy into account.
(4) The department shall
establish, coordinate, assist and direct a community mental health and
developmental disabilities program in cooperation with local government units
and integrate such a program with the total state mental and developmental
disabilities health program.
(5) The department shall
promote public education in the state concerning mental health and
developmental disabilities and act as the liaison center for work with all
interested public and private groups and agencies in the field of mental health
and developmental disabilities services.
(6) The department shall
accept the custody of persons committed to its care by the courts of this
state.
(7) The department
shall adopt rules to require a facility and a nonhospital facility as those
terms are defined in ORS 426.005, and a provider that employs a person
described in ORS 426.415, if subject to department rules regarding the use of
restraint or seclusion during the course of mental health treatment of a child
or adult, to report to the department each calendar quarter the number of
incidents involving the use of restraint or seclusion. The aggregate data
shall be made available to the public.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date January 1, 2008
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