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 612
 
                         Senate Bill 265
 
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 Senate Interim Committee on
  Judiciary for Oregon Advocacy Center)
 
 
                             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.
 
  Requires Department of Human Services to adopt rules requiring
specified facilities to report number of incidents of restraint
or seclusion during course of psychiatric treatment.  Requires
that data be available to public.
 
                        A BILL FOR AN ACT
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 Oregon:
  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 requiring any
facility, as defined in ORS 430.205 or described in ORS 426.415,
as a condition of license or certification to report on a
quarterly basis the number of incidents involving the use of
restraint or seclusion during the course of psychiatric treatment
of any person. The resulting data shall be available to the
public. + }
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