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 1743
Senate Bill 363
Sponsored by Senator MORRISETTE (Presession filed.)
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 Consumer Advisory Council to advise Director of
Human Services on provision of mental health services.
Establishes Office of Consumer Affairs in Department of Human
Services to promote consumer-directed mental health services.
Establishes Office of Ombudsman for Mental Health Consumers in
department to provide services to consumers of mental health or
addiction services.
Appropriates moneys from General Fund to department for
purposes of Act.
A BILL FOR AN ACT
Relating to human services; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 2 to 7 of this 2007 Act, '
consumer' means a person who has received or is receiving mental
health or addiction services. + }
SECTION 2. { + The Department of Human Services shall develop
a policy that supports and promotes self-determination for
persons receiving mental health services. The policy shall be
designed to remove barriers that:
(1) Segregate persons with disabilities from full participation
in the community in the most integrated setting in accordance
with the United States Supreme Court decision in Olmstead v.
L.C., 527 U.S. 581 (1999); and
(2) Prevent persons with disabilities from enjoying a
meaningful life, the benefits of community involvement and
citizen rights guaranteed by law. + }
SECTION 3. { + (1) The Director of Human Services shall
establish a Consumer Advisory Council to advise the director on
the provision of mental health services by the Department of
Human Services. The council may review, evaluate and provide
feedback on all site reviews related to mental health services
provided by the department.
(2) The director shall appoint 15 to 25 consumers to the
council. In making appointments, the director shall give
consideration to geographic representation of the entire state.
(3) The department shall provide administrative support to the
council.
(4) Members of the council are entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 4. { + (1) The Director of Human Services shall
establish within the Department of Human Services the Office of
Consumer Affairs to facilitate, promote, monitor and provide
training and technical assistance to consumer groups and to
promote the organization and implementation of consumer-directed
mental health services and consumer representation.
(2) In addition to the duties described in subsection (1) of
this section, the Office of Consumer Affairs shall:
(a) Provide networking and technical assistance and regional
coordination of information among consumer groups, mental health
programs and government agencies;
(b) For publicly funded mental health programs, provide quality
assurance and technical assistance oversight with respect to
consumer participation;
(c) Evaluate the efficacy of, supporting evidence for and
desirability of available mental health services with respect to
the persons receiving the services;
(d) Monitor the delivery of peer services and peer credentialed
services and evaluate the impact, relevance and efficiency of the
delivery of evidence-based services in peer delivery settings;
(e) Evaluate and report to the director regarding the impact
and efficiency of the department's budget with respect to the
delivery of peer services and consumer choice;
(f) Evaluate and report to the director regarding the effect of
statutory provisions on the availability of consumer-directed
mental health services and on decreasing the social stigma that
may be experienced by consumers; and
(g) Perform other duties as the director considers
necessary. + }
SECTION 5. { + (1) The Department of Human Services shall
provide administrative and technical support to the Office of
Consumer Affairs for purposes of evaluating and implementing
peer-operated, evidence-based, clinical and nonclinical services
provided as consumer-directed mental health services.
(2) The Office of Consumer Affairs shall provide oversight and
assistance to the peer-operated and evidence-based services where
applicable. + }
SECTION 6. { + (1) The Office of Ombudsman for Mental Health
Consumers is established in the Department of Human Services.
With the concurrence of the Governor and subject to the
availability of funds, the Director of Human Services shall
appoint the ombudsman and may terminate the ombudsman. The person
appointed as ombudsman shall:
(a) Have experience receiving mental health services, as a
consumer or as the parent of a consumer who is under 18 years of
age;
(b) Demonstrate through prior experience a commitment to the
principles of self-determination, recovery and the resiliency of
consumers; and
(c) Meet other criteria as determined by the Office of Consumer
Affairs established under section 4 of this 2007 Act, the
Consumer Advisory Council established under section 3 of this
2007 Act and the Governor.
(2) The ombudsman shall:
(a) Provide information and assistance to consumers; and
(b) Report to the Governor in writing at least once each
quarter as required under ORS 182.500. The report shall include a
summary of the services the ombudsman provided during the quarter
and the ombudsman's recommendations for improving ombudsman
services. + }
SECTION 7. { + Except as otherwise provided by law, at least
20 percent of the membership of all task forces, commissions,
advisory groups and committees established by a public body as
defined in ORS 174.109 and relating to persons with mental health
or addiction issues shall be consumers. + }
SECTION 8. { + The Department of Human Services may adopt
rules to implement sections 2 to 7 of this 2007 Act. + }
SECTION 9. { + There is appropriated to the Department of
Human Services, for the biennium beginning July 1, 2007, out of
the General Fund, the amount of $___ for the purpose of carrying
out the provisions of sections 1 to 7 of this 2007 Act. + }
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