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 1454
Senate Bill 617
Sponsored by Senator MORRISETTE, Representative BOQUIST; Senators
DECKERT, MONNES ANDERSON, WALKER, Representatives BOONE,
CAMERON, DALLUM, FLORES, GILLIAM, HUNT, KRIEGER, MAURER,
NELSON, OLSON, ROSENBAUM, SCHAUFLER, THATCHER, WHISNANT (at the
request of Brain Injury Association of Oregon)
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 establish traumatic
brain injury registry system and to collect data regarding
traumatic brain injuries.
Requires department to expand housing opportunities for
individuals with traumatic brain injuries.
Requires department to provide community mental health services
to individuals with traumatic brain injuries.
A BILL FOR AN ACT
Relating to individuals with traumatic brain injuries; creating
new provisions; and amending ORS 427.330, 427.335, 430.010,
430.610, 430.630 and 430.640.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in sections 1 to 7 of this 2007
Act:
(a) 'Health care facility' means a hospital or an ambulatory
surgical center as those terms are defined in ORS 442.015.
(b) 'Practitioner' means a person who has a professional
license and who is qualified by training to diagnose or treat
traumatic brain injury in patients.
(2) The Department of Human Services shall establish a uniform,
population-based, statewide traumatic brain injury registry
system for the collection of data to determine the incidence of
traumatic brain injury and related data.
(3) The purpose of the registry is to provide data to design,
target, monitor, facilitate and evaluate efforts to determine the
causes or sources of traumatic brain injury among residents of
Oregon and to reduce the burden of traumatic brain injury in
Oregon. The efforts may include, but are not limited to:
(a) Targeting populations to evaluate the need for screening or
other traumatic brain injury control services;
(b) Contacting individuals with traumatic brain injuries to
assess care needs and to provide referrals, information and
support;
(c) Supporting the operation of health care facility registries
in monitoring and upgrading traumatic brain injury care and the
end results of treatment for traumatic brain injuries;
(d) Investigating suspected clusters or excesses of traumatic
brain injury both in occupational settings and in the state's
environment generally;
(e) Conducting studies to identify traumatic brain injury
hazards to the public health and traumatic brain injury hazard
remedies; and
(f) Projecting the benefits or costs of alternative policies
regarding traumatic brain injury prevention or treatment.
(4) The department shall adopt rules necessary to carry out the
purposes of this section, including but not limited to methods
for collecting the data and procedures for accessing the data.
When adopting rules under this subsection, the department shall
consider the definitions, standards and procedures established by
the Centers for Disease Control and Prevention National Center
for Injury Prevention and Control, with the goal of achieving
uniformity in the collection and reporting of data.
(5) The department shall:
(a) Conduct a program of epidemiologic analyses of traumatic
brain injury registry data collected under subsection (2) of this
section to assess traumatic brain injury control, prevention,
treatment and causation in Oregon; and
(b) Utilize the data to promote, facilitate and evaluate
programs designed to reduce the burden of traumatic brain injury
among the residents of Oregon.
(6) The department shall:
(a) Collaborate in traumatic brain injury studies with
practitioners, epidemiologists and health care facilities and
publish reports on the results of the studies; and
(b) Cooperate with the Centers for Disease Control and
Prevention in providing traumatic brain injury incidence
data. + }
SECTION 2. { + (1) Any health care facility in which traumatic
brain injury patients are diagnosed or provided treatment for
traumatic brain injury shall provide the Department of Human
Services with access to traumatic brain injury patient case data
within a time period and in a process prescribed by the
department by rule.
(2) For the purpose of ensuring the accuracy and completeness
of reported data, the department may periodically review all
records that would identify cases of traumatic brain injury or
would establish characteristics of traumatic brain injury,
treatment of the traumatic brain injury or the medical status of
any identified traumatic brain injury patient. + }
SECTION 3. { + The Department of Human Services may conduct
special studies of traumatic brain injury morbidity and
mortality. As part of the studies, the department may obtain
information that applies to a patient's traumatic brain injury
and that may be in the medical record of the patient. The record
holder may either provide the requested information to the
department or provide the department access to the relevant
portions of the patient's medical record. Neither the department
nor the record holder may bill the other for the cost of
providing or obtaining this information. + }
SECTION 4. { + (l) All identifying data regarding individual
patients, health care facilities and practitioners provided to
the Department of Human Services under section 2 of this 2007 Act
is confidential and privileged. Except as required in connection
with the administration or enforcement of public health laws or
rules, a public health official, employee or agent may not be
examined in an administrative or judicial proceeding as to the
existence or contents of data collected under the statewide
traumatic brain injury registry system.
(2) All identifying information obtained by the department in
connection with a special study under section 3 of this 2007 Act
is confidential and privileged and may be used solely for the
purposes of the study, as provided in ORS 432.060.
(3) This section does not prohibit the department from
publishing statistical compilations relating to morbidity and
mortality studies under section 3 of this 2007 Act that do not
identify individual cases or prevent use of this information by
third parties to conduct research as provided by section 5 of
this 2007 Act. + }
SECTION 5. { + (1) The Department of Human Services shall
adopt rules under which confidential data may be used by third
parties to conduct research and studies for the public good.
Research and studies conducted using confidential data from the
statewide traumatic brain injury registry must be reviewed and
approved as provided in 45 C.F.R. 46.
(2) The department may enter into agreements to exchange
information with other traumatic brain injury registries in order
to obtain complete reports of Oregon residents diagnosed or
treated in other states and to provide information to other
states regarding the residents of other states diagnosed or
treated in Oregon. Prior to providing information to any other
registry, the department shall ensure that the recipient registry
has comparable confidentiality protections. + }
SECTION 6. { + (1) An action for damages arising from the
disclosure of confidential or privileged information may not be
maintained against any person, or the employer or employee of any
person, who participates in good faith in providing data or
information to the Department of Human Services or access to
traumatic brain injury registry data or information for traumatic
brain injury morbidity or mortality studies in accordance with
sections 2 and 3 of this 2007 Act.
(2) A license of a health care facility or practitioner may not
be denied, suspended or revoked for the good faith disclosure of
confidential or privileged information in providing traumatic
brain injury registry data or information for traumatic brain
injury morbidity or mortality studies in accordance with sections
1, 2 and 3 of this 2007 Act.
(3) This section does not apply to the unauthorized disclosure
of confidential or privileged information when the disclosure is
due to gross negligence or willful misconduct. + }
SECTION 7. { + Section 1 of this 2007 Act does not prohibit a
health care facility from operating its own traumatic brain
injury registry or require a health care facility to operate its
own traumatic brain injury registry. + }
SECTION 8. ORS 427.330 is amended to read:
427.330. As used in ORS 427.330 to 427.345: { +
(1) 'Traumatic brain injury' means an injury to the brain
caused by extrinsic forces that results in the loss of cognitive,
psychological, social, behavioral or physiological function for a
sufficient time to affect that person's ability to perform
activities of daily living. + }
{ - (1) - } { + (2) + } 'Care provider' means an
individual, family member or entity that provides care.
{ - (2)(a) - } { + (3)(a) + } 'Community housing' includes:
(A) Real property, including but not limited to buildings,
structures, improvements to real property and related equipment,
that is used or could be used to house and provide care for
individuals with mental retardation or other developmental
{ - disability - } { + disabilities + }; and
(B) A single-family home or multiple-unit residential housing
that an individual with mental retardation or other developmental
disability shares with other inhabitants, including but not
limited to family members, care providers or friends.
(b) 'Community housing' does not include the Eastern Oregon
Training Center.
{ - (3) - } { + (4) + } 'Construct' means to build,
install, assemble, expand, alter, convert, replace or relocate.
'Construct ' includes to install equipment and to prepare a site.
{ - (4) - } { + (5) + } 'Developmental disability' means a
disability attributable to mental retardation, cerebral palsy,
epilepsy or other neurological handicapping condition or severe
physical impairment that requires training similar to that
required by
{ - mentally retarded - } persons { + with mental
retardation + }, and the disability:
(a) Originates before the person attains the age of 22 years;
(b) Has continued or can be expected to continue indefinitely;
and
(c) Constitutes a substantial handicap to the ability of the
person to function in society.
{ - (5) - } { + (6) + } 'Equipment' means furnishings,
fixtures, appliances, special adaptive equipment or supplies that
are used or could be used to provide care in community housing.
{ - (6) - } { + (7) + } 'Family member' means an individual
who is related by blood or marriage to an individual with mental
retardation or other developmental disability.
{ - (7) - } { + (8) + } 'Financial assistance' means a
grant or loan to pay expenses incurred to provide community
housing.
{ - (8) - } { + (9) + } 'Housing provider' means an
individual or entity that provides community housing.
SECTION 9. ORS 427.335 is amended to read:
427.335. (1) The Department of Human Services may, through
contract or otherwise, acquire, purchase, receive, hold,
exchange, operate, demolish, construct, lease, maintain, repair,
replace, improve and equip community housing for the purpose of
providing care to individuals with { - mental retardation or
other - } developmental { - disability - } { + disabilities
or traumatic brain injuries + }.
(2) The department may dispose of community housing acquired
under subsection (1) of this section in a public or private sale,
upon such terms and conditions as the department considers
advisable to increase the quality and quantity of community
housing for individuals with { - mental retardation or
other - } developmental { - disability - } { + disabilities
or traumatic brain injuries + }. The department may include in
any instrument conveying fee title to community housing language
that restricts the use of the community housing to provide care
for individuals with { - mental retardation or other - }
developmental { - disability - } { + disabilities or
traumatic brain injuries + }. Such restriction is not a violation
of ORS 93.270. Any instrument conveying fee title to community
housing under this subsection shall provide that equipment in the
community housing is a part of and shall remain with the real
property unless such equipment was modified or designed
specifically for an individual's use, in which case such
equipment shall follow the individual.
(3) The department may provide financial assistance to a
housing provider or a care provider that wishes to provide
community housing for individuals with { - mental retardation
or other - } developmental { - disability - } { +
disabilities or traumatic brain injuries + } under rules
promulgated by the department.
(4) The department may transfer its ownership of equipment to
care providers.
(5) When exercising the authority granted to the department
under this section, the department is not subject to ORS 276.900
to 276.915 or 279A.250 to 279A.290 or ORS chapters 270 and 273.
SECTION 10. ORS 430.010 is amended to read:
430.010. As used in ORS 430.010 to 430.050, 430.140 to 430.170,
430.265, 430.270 and 430.610 to 430.695:
(1) 'Department' means the Department of Human Services.
(2) 'Health facility' means a facility licensed as required by
ORS 441.015 or a facility accredited by the Joint Commission on
Accreditation of Hospitals, either of which provides full-day or
part-day acute treatment for alcoholism, drug addiction or mental
or emotional disturbance, and is licensed to admit persons
requiring 24-hour nursing care.
(3) 'Residential facility' or 'day or partial hospitalization
program' means a program or facility providing an organized
full-day or part-day program of treatment. Such a program or
facility shall be licensed, approved, established, maintained,
contracted with or operated by the department under:
(a) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(b) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(c) ORS 430.610 to 430.880 for mental or emotional
{ - disturbance - } { + disturbances + }.
(4) 'Outpatient service' means:
(a) A program or service providing treatment by appointment and
by medical or osteopathic physicians licensed by the Board of
Medical Examiners for the State of Oregon under ORS 677.010 to
677.450; psychologists licensed by the State Board of
Psychologist Examiners under ORS 675.010 to 675.150; nurse
practitioners registered by the Oregon State Board of Nursing
under ORS 678.010 to 678.410; or clinical social workers licensed
by the State Board of Clinical Social Workers under ORS 675.510
to 675.600; or
(b) A program or service providing treatment by appointment
that is licensed, approved, established, maintained, contracted
with or operated by the department under:
(A) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(B) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(C) ORS 430.610 to 430.880 for mental or emotional
{ - disturbance - } { + disturbances + }.
{ + (5) 'Traumatic brain injury' means an injury to the brain
caused by extrinsic forces that results in the loss of cognitive,
psychological, social, behavioral or physiological function for a
sufficient time to affect that person's ability to perform
activities of daily living. + }
SECTION 11. ORS 430.610 is amended to read:
430.610. It is declared to be the policy and intent of the
Legislative Assembly that:
(1) Subject to the availability of funds, mental health
services should be available to all { - mentally or emotionally
disturbed, mentally retarded and developmentally disabled,
alcohol abuser, alcoholic, drug abuser and drug-dependent - }
persons { + with mental or emotional disturbances, mental
retardation, developmental disabilities, traumatic brain
injuries, alcoholism or drug dependence, and persons who are
alcohol or drug abusers, + } regardless of age, county of
residence or ability to pay;
(2) The Department of Human Services and other state agencies
shall conduct their activities in the least costly and most
efficient manner so that delivery of services to { - the
mentally or emotionally disturbed, mentally retarded and
developmentally disabled, alcohol abuser, alcoholic, drug abuser
and drug-dependent - } persons { + with mental or emotional
disturbances, mental retardation, developmental disabilities,
traumatic brain injuries, alcoholism or drug dependence, and
persons who are alcohol or drug abusers, + } shall be effective
and coordinated;
(3) To the greatest extent possible, mental health services
shall be delivered in the community where the person lives in
order to achieve maximum coordination of services and minimum
disruption in the life of the person; and
(4) The State of Oregon shall encourage, aid and financially
assist its county governments in the establishment and
development of community mental health and developmental
disabilities programs, including but not limited to { - , - }
treatment and rehabilitation services for { - the mentally or
emotionally disturbed, mentally retarded and developmentally
disabled, alcohol abuser, alcoholic, drug abuser and
drug-dependent persons - } { + persons with mental or emotional
disturbances, mental retardation, developmental disabilities,
traumatic brain injuries, alcoholism or drug dependence, and
persons who are alcohol or drug abusers, + } and prevention of
these problems through county administered community mental
health and developmental disabilities programs.
SECTION 12. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Department of Human Services and
subject to the availability of funds, each community mental
health and developmental disabilities program shall provide the
following basic services to persons with mental retardation
{ - and - } { + , + } developmental disabilities { - and
alcohol abuse - } , { + traumatic brain injuries, + } alcoholism
{ - , drug abuse and - } { + or + } drug dependence { + , and
persons who are alcohol or drug abusers + }:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals and training
centers;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing mental retardation { + , + } { - and - }
developmental disabilities { + , traumatic brain injuries, + }
{ - and - } alcohol abuse, alcoholism, drug abuse and drug
dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health and developmental
disabilities program to ensure that, subject to the availability
of funds, the following services for { - the mentally retarded
and developmentally disabled, alcohol abuser, alcoholic, drug
abuser and drug-dependent - } persons { + with mental
retardation, developmental disabilities, traumatic brain
injuries, alcoholism or drug dependence, and persons who are
alcohol or drug abusers, + } are available when needed and
approved by the Department of Human Services:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
preschool programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the department.
(3) In addition to any other requirements that may be
established by rule of the department, each community mental
health and developmental disabilities program, subject to the
availability of funds, shall provide or ensure the provision of
the following services to persons with mental or emotional
disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons
{ - suffering - } { + with + } acute mental or emotional
disturbances, including the costs of investigations and
prehearing detention in community hospitals or other facilities
approved by the department for persons involved in involuntary
commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for children at risk of later
development of emotional { - disturbance - } { +
disturbances + } means programs and activities for children and
their families that promote conditions, opportunities and
experiences that encourage and develop emotional stability,
self-sufficiency and increased personal competence; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional { - disturbance - } { +
disturbances + } means programs and activities for older adults
and their families that promote conditions, opportunities and
experiences that encourage and maintain emotional stability,
self-sufficiency and increased personal competence and that deter
suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health and developmental disabilities
program shall assume responsibility for psychiatric care in state
and community hospitals, as provided in subsection (3)(e) of this
section, in the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a court
committed { - mentally ill - } person { + with a mental
illness + } has been conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the department has
approved the hospital for the care of { - mentally or
emotionally disturbed - } { + + }persons { + with mental or
emotional disturbances + }, the community mental health and
developmental disabilities program has a contract with the
hospital for the psychiatric care of residents and a
representative of the program approves voluntary or involuntary
admissions to the hospital prior to admission.
(5) Subject to the review and approval of the department, a
community mental health and developmental disabilities program
may initiate additional services after the services defined in
this section are provided.
(6) Each community mental health and developmental disabilities
program and the state hospital serving the program's geographic
area shall enter into a written agreement concerning the policies
and procedures to be followed by the program and the hospital
when a patient is admitted to, and discharged from, the hospital
and during the period of hospitalization.
(7) Each community mental health and developmental disabilities
program shall have a mental health advisory committee, appointed
by the board of county commissioners or the county court or, if
two or more counties have combined to provide mental health
services, the boards or courts of the participating counties or,
in the case of a Native American reservation, the tribal council.
(8) A community mental health and developmental disabilities
program may request and the department may grant a waiver
regarding provision of one or more of the services described in
subsection (3) of this section upon a showing by the county and a
determination by the department that { - mentally or
emotionally disturbed - } persons { + with mental or emotional
disturbances + } in that county would be better served and
unnecessary institutionalization avoided.
(9) Each community mental health and developmental disabilities
program shall cooperate fully with the Governor's Council on
Alcohol and Drug Abuse Programs in the performance of its duties.
(10)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health and
developmental disabilities program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprised of two
or more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (7) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the
Department of Human Services a copy of the local plan and
biennial revisions adopted under paragraph (b) of this subsection
at time intervals established by the department.
(i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775.
SECTION 13. ORS 430.640 is amended to read:
430.640. (1) The Department of Human Services, 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 when 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 federally
recognized tribe of Native Americans, 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 department 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, { + traumatic brain injury, + } mental retardation or
other developmental disabilities and alcohol abuse and
alcoholism.
(f) Approve or disapprove the biennial plan and budget
information for the establishment and operation of each community
mental health and developmental disabilities program. 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 may not be placed in
effect without prior approval of the department. 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 - } { + traumatic brain injuries or + } developmental
disabilities or within the portion for persons with alcohol
{ - and - } { + or + } drug dependence may be made without
department approval.
(g) 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.
(h) 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.
(i) Develop guidelines that include, for the development of
comprehensive local plans in consultation with local mental
health authorities:
(A) The use of integrated services;
(B) The outcomes expected from services and programs provided;
(C) Incentives to reduce the use of state hospitals;
(D) Mechanisms for local sharing of risk for state
hospitalization;
(E) The provision of clinically appropriate levels of care
based on an assessment of the mental health needs of consumers;
(F) The transition of consumers between levels of care; and
(G) The development, maintenance and continuation of older
adult mental health programs with mental health professionals
trained in geriatrics.
(j) Work with local mental health authorities to provide
incentives for community-based care whenever appropriate while
simultaneously ensuring adequate statewide capacity.
(k) Provide technical assistance and information regarding
state and federal requirements to local mental health authorities
throughout the local planning process required under ORS 430.630
(10).
(L) Provide incentives for local mental health authorities to
enhance or increase vocational placements for adults with mental
health needs.
(m) Develop or adopt nationally recognized system-level
performance measures, linked to the Oregon Benchmarks, for
state-level monitoring and reporting of mental health services
for children, adults and older adults, including but not limited
to quality and appropriateness of services, outcomes from
services, structure and management of local plans, prevention of
mental health disorders and integration of mental health services
with other needed supports.
(n) Develop standardized criteria for each level of care
described in ORS 430.630 (10), including protocols for
implementation of local plans, strength-based mental health
assessment and case planning.
(o) Develop a comprehensive long-term plan for providing
appropriate and adequate mental health treatment and services to
children, adults and older adults that is derived from the needs
identified in local plans, is consistent with the vision, values
and guiding principles in the Report to the Governor from the
Mental Health Alignment Workgroup, January 2001, and addresses
the need for and the role of state hospitals.
(p) Report biennially to the Governor and the Legislative
Assembly on the progress of the local planning process and the
implementation of the local plans adopted under ORS 430.630
(10)(b) and the state planning process described in paragraph (o)
of this subsection, and on the performance measures and
performance data available under paragraph (m) of this
subsection.
(q) On a periodic basis, not to exceed 10 years, reevaluate the
methodology used to estimate prevalence and demand for mental
health services using the most current nationally recognized
models and data.
(r) Encourage the development of regional local mental health
authorities comprised of two or more boards of county
commissioners that establish or operate a community mental health
and developmental disabilities program.
(2) The department may provide technical assistance and other
incentives to assist in the planning, development and
implementation of regional local mental health authorities
whenever the department determines that a regional approach will
optimize the comprehensive local plan described under ORS 430.630
(10).
(3) 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 department
by other provisions of law.
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