74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3662
 
                         House Bill 3524
 
Sponsored by Representatives GELSER, OLSON; Representatives
  BRUUN, CANNON, DALLUM, ESQUIVEL, FLORES, GILLIAM, GIROD,
  KRIEGER, MAURER, NELSON, ROBLAN, ROSENBAUM, SCHAUFLER, G SMITH,
  TOMEI, WHISNANT, Senators ATKINSON, BEYER, BROWN, BURDICK,
  NELSON
 
 
                             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 as
introduced.
 
  Establishes Mental Health Database to assist law enforcement
officers in assisting mentally ill individuals to obtain medical,
mental health and social services.
  Becomes operative July 1, 2008.
 
                        A BILL FOR AN ACT
Relating to a Mental Health Database.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section, 'mentally ill
person' means a person who, because of a mental disorder, is one
or more of the following:
  (a) Dangerous to self or others.
  (b) Unable to provide for basic personal needs and is not
receiving such care as is necessary for health or safety.
  (c) A person who:
  (A) Is chronically mentally ill, as defined in ORS 426.495;
  (B) Within the previous three years, has twice been placed in a
hospital or approved inpatient facility by the Department of
Human Services under ORS 426.060;
  (C) Is exhibiting symptoms or behavior substantially similar to
those that preceded and led to one or more of the
hospitalizations or inpatient facility placements referred to in
subparagraph (B) of this paragraph; and
  (D) Unless treated, will continue, to a reasonable medical
probability, to physically or mentally deteriorate so that the
person will become a person described under either or both
subparagraph (A) or (B) of this paragraph.
  (2)(a) The Department of State Police shall create and maintain
a Mental Health Database containing the information described in
subsection (4) of this section.
  (b) The Department of State Police may create and maintain the
database within the Law Enforcement Data System.
  (c) The Department of State Police shall ensure that the
database is accessible and searchable by law enforcement
agencies.
  (3) Before entering information that identifies an individual
into the database, the Department of State Police shall obtain
the express written consent of the individual. The Department of
State Police, along with the Department of Human Services, shall
develop a standard form to be used for this purpose. The written
consent must be witnessed by a physician or licensed
psychologist. The form shall clearly state that consent by the
mentally ill person is voluntary and that consent is revocable.
Upon receipt of a revocation of consent, the Department of State
Police shall remove identifying information about an individual
with mental illness from the database.
  (4) The database shall contain the following items:
  (a) The mentally ill person's name, date of birth, last known
address and physical description;
  (b) A name and telephone number for a contact person for the
person, preferably a parent, guardian or foster care provider;
  (c) A diagnosis or description of the symptoms of the person's
illness;
  (d) A list of medications prescribed for the person; and
  (e) A safety alert, if applicable, for law enforcement
personnel.
  (5)(a) The purpose of the Mental Health Database is to provide
law enforcement agencies with information that will help the
agencies assist mentally ill people to obtain medical, mental
health and social services.
  (b) The Department of State Police shall work with the
Department of Human Services, the Oregon State Sheriffs'
Association and advocacy groups for mentally ill people to
develop a program that assists mentally ill people in obtaining
medical, mental health and social services and that protects the
rights of the mentally ill and of the public. The Department of
State Police shall ensure that, prior to its implementation, the
database program complies with the requirements of ORS 192.518 to
192.526 and the federal Health Insurance Portability and
Accountability Act privacy regulations, 45 C.F.R. parts 160 and
164.
  (c) The Department of State Police shall develop and require
training for all personnel with access to the database to ensure
that it is used in a way that protects the confidentiality rights
of the mentally ill. + }
  SECTION 2.  { + This 2007 Act becomes operative July 1,
2008. + }
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