Chapter 179 — Administration
of State Institutions
2011 EDITION
ADMINISTRATION OF STATE INSTITUTIONS
EXECUTIVE BRANCH; ORGANIZATION
GENERAL PROVISIONS
179.010 Definitions
179.040 General
powers and duties; rules
179.045 Reports
on convictions; forms; confidentiality
179.050 Authority
to hold property
179.055 Disposition
of income from property; maintenance of property
179.065 Furnishing
utilities for institutions
179.105 Acceptance
of federal or other assistance to carry out general powers and duties;
legislative oversight of expenditures
179.110 Use
of federal grants; cooperation with federal agencies; disposition of balances
of appropriations
179.130 Institutional
petty cash fund; creation; reimbursement from appropriation for institution
179.140 Auditing
and paying claims; approval of vouchers
179.150 Interest
in contracts prohibited
CLAIM FOR INJURY OR DAMAGE
179.210 Claim
for injury or damage; conditions
179.230 Rejection
of claim final and not reviewable
179.240 Procedure
where award due person owing debt to state
SUPERVISION OF STATE INSTITUTIONS
(Superintendent)
179.310 “Superintendent”
defined
179.321 Responsibility
to supervise state institutions
179.325 Change
in use of institution for persons with mental retardation or mental illness
179.331 Appointment,
suspension and removal of superintendents
179.340 Salaries
and expenses of superintendents
179.360 Powers
and duties of superintendents
179.370 Residence
of superintendents at institutions
(Staff)
179.375 Chaplaincy
services
179.380 Employment
of staff; oaths and bonds
179.385 Scholarship
programs to train personnel for institutions; rules
179.390 Appointment,
suspension, removal and salaries of assistants, officers and employees;
contract services
179.400 Rentals
to officers and employees at institution
179.405 License
required for teachers at institution
(Work at Institution)
179.440 Work
in production of articles and performance of labor for state
179.450 Work
on state-owned land
179.460 Sale
and exchange of surplus products of institutions; rules; State Institutional
Betterment Fund
(Transfer Procedures)
179.471 Definitions
for ORS 179.473 and 179.478
179.473 Transfers
between institutions; rules
179.478 Examination
for intellectual disability; commitment hearing; transfer to hospital or
training center for persons with intellectual disability; termination of
sentence
179.479 Conveyance
of inmates from institution to physician or hospital for treatment; rules
179.483 Time
spent pursuant to transfer or conveyance counted as part of sentence
179.485 Rights
of person transferred to institution for persons with mental illness or
intellectual disabilities
179.486 Payment
of costs in connection with transfers and conveyances; medical reports to
accompany certain inmates
(Medical Care)
179.490 Authorization
and payment of cost of emergency and necessary operations
179.492 Dispensing
of brand-name mental health drugs
(Records)
179.495 Disclosure
of inmate written accounts; penalty
179.505 Disclosure
of written accounts by health care services provider
179.507 Enforcement
of ORS 179.495 and 179.505; actions; venue; damages
179.508 Disclosure
of individually identifiable health information about inmate
179.509 Reports
on deaths at institutions; compilation submitted to President and Speaker
(Funds of Inmates or Patients)
179.510 “Funds”
defined; deposit of funds of institution residents with State Treasurer
179.520 Authorization
to receive funds of wards; separate accounts
179.530 Disbursements
from accounts; accountability
OREGON STATE HOSPITAL ADVISORY BOARD
179.560 Members;
appointment; terms; meetings
179.570 Powers
and duties of board; report to legislature
179.580 Ad
hoc committees
RESPONSIBILITY FOR COST OF CARE OF
PERSONS IN STATE INSTITUTIONS
179.610 Definitions
for ORS 179.610 to 179.770
179.620 Liability
of person or estate for cost of care
179.640 Determination
of ability to pay; rules; financial information; notice; order; hearing; appeal
179.653 Unpaid
costs as lien on property; order; when appealable
179.655 Enforcement
of lien; distraint warrant
179.660 Guardian
or conservator for estate of person in institution
179.701 Determination
of cost-of-care rates
179.711 Remittance
of amounts due; refunds
179.731 Waiver
of collection of amount payable
179.740 Collection
from estates; settlement
179.745 Title
to and transfer of property
DISCRIMINATION PROHIBITED
179.750 Equal
care and services for persons in state institutions
RULES
179.770 Rules;
employees
GENERAL PROVISIONS
179.010 Definitions.
As used in this chapter, unless the context requires otherwise:
(1)
“Institution” means the institutions designated in ORS 179.321.
(2)
“Agency” means:
(a)
The Department of Corrections when the institution is a Department of Corrections
institution, as defined in ORS 421.005;
(b)
The Department of Human Services when the institution is the Eastern Oregon
Training Center; or
(c)
The Oregon Health Authority when the institution is the Blue Mountain Recovery
Center or an Oregon State Hospital campus. [Amended by 1969 c.597 §17; 1969
c.706 §62; 1971 c.301 §14; 1987 c.320 §106; 1987 c.321 §11; 2001 c.900 §26;
2003 c.14 §73; 2009 c.595 §118]
179.020
[Repealed by 1969 c.199 §59]
179.030
[Amended by 1961 c.271 §1; repealed by 1969 c.199 §59]
179.040 General powers and duties; rules.
(1) The Department of Corrections, the Department of Human Services and the
Oregon Health Authority shall:
(a)
Govern, manage and administer the affairs of the public institutions and works
within their respective jurisdictions.
(b)
Enter into contracts for the planning, erection, completion and furnishings of
all new buildings or additions at their respective institutions.
(c)
Subject to any applicable provisions of ORS 279A.125, 279A.255, 279A.275, 279A.280,
279A.285, 279A.290, 279B.025, 279B.240, 279B.270, 279B.275, 279B.280 and
283.110 to 283.395, enter into contracts for the purchase of supplies for their
respective institutions.
(d)
Make and adopt rules for the guidance of the agencies and for the government of
their respective institutions.
(2)
The agencies, respectively, may:
(a)
Sue and plead in all courts of law and equity.
(b)
Subject to ORS 279A.050 (7), procure, contract for or enter into agreements for
goods and services of all kinds, including personal services contracts
designated under ORS 279A.055, and perform all legal acts requisite and
necessary for the successful management and maintenance of the institutions
within their respective jurisdictions. [Amended by 1967 c.419 §57; 1969 c.597 §18;
1969 c.706 §63; 1987 c.320 §107; 2001 c.900 §27; 2003 c.794 §200; 2009 c.397 §1;
2009 c.595 §119]
179.045 Reports on convictions; forms;
confidentiality. (1) The clerk of a circuit or
county court shall cause a report to be made to the Department of Corrections
on each offender convicted of a felony or misdemeanor in the court and on each
juvenile found to be within the jurisdiction of the court by reason of a ground
set forth in ORS 419B.100 (1)(a) or 419C.005 (1).
(2)
The Department of Corrections shall prescribe forms for the reports required
under subsection (1) of this section. Information required may include the
name, age, sex, crime or action and disposition of the offender or juvenile and
such other information as the department by rule may require. Such reports are
confidential and may not be used in evidence. [1967 c.635 §1; 1969 c.597 §14;
1987 c.320 §108; 1993 c.33 §317]
179.050 Authority to hold property.
The Department of Corrections, the Department of Human Services and the Oregon
Health Authority may receive, take and hold property, both real and personal,
for any institution within their respective jurisdictions. Title shall be taken
in the name of the state. [Amended by 1969 c.597 §21; 1971 c.615 §11; 1987
c.320 §109; 2001 c.900 §28; 2009 c.595 §120]
179.055 Disposition of income from
property; maintenance of property. (1) The
revenue from the rental or lease of property administered by an institution
governed or managed by the Department of Corrections, the Department of Human
Services or the Oregon Health Authority, except dormitory and housing rentals
at institutions governed by the agencies, shall be deposited in the account of
the respective agency for use by the respective agency to pay for the cost of
administration, taxes, repairs and improvements on the property.
(2)
The agencies may request the Oregon Department of Administrative Services to
make necessary repairs and improvements on the property described in subsection
(1) of this section to be paid for by the agencies from the proceeds derived
from such rental or lease of the property or from appropriations otherwise
available. [1961 c.652 §2(1),(2); 1969 c.597 §22; 1969 c.706 §64; 1971 c.615 §12;
1981 c.106 §10; 1983 c.599 §1; 1987 c.320 §110; 2001 c.900 §29; 2009 c.595 §121]
179.060
[Repealed by 1969 c.597 §281]
179.065 Furnishing utilities for
institutions. The Department of Corrections, the
Department of Human Services and the Oregon Health Authority shall have the
same powers with respect to furnishing heat, light, power, sewage, fire
protection and communications facilities to institutions under their respective
jurisdictions as is granted to the Oregon Department of Administrative Services
under ORS 276.210 to 276.228, 276.234 to 276.244, 276.250 and 276.252. The
powers shall be exercised in accordance with and subject to the provisions of
such sections. [1969 c.597 §20; 1987 c.320 §111; 2001 c.900 §30; 2009 c.595 §122]
179.070
[Repealed by 1969 c.199 §59]
179.080
[Repealed by 1969 c.199 §59]
179.090 [Amended
by 1965 c.476 §9; 1967 c.2 §1; repealed by 1969 c.199 §59]
179.100
[Repealed by 1969 c.199 §59]
179.105 Acceptance of federal or other
assistance to carry out general powers and duties; legislative oversight of
expenditures. (1) For a purpose of ORS 179.040,
including aid and support of research in any of the institutions, the
Department of Corrections, the Department of Human Services and the Oregon
Health Authority may in their respective discretions accept from the United
States or any of its agencies financial assistance and grants in the form of
money or labor, or from any other source any donation or grant of land or gift
of money or any other thing. Funds accepted in accordance with the provisions
of this section and ORS 179.110 shall be deposited with the State Treasurer
and, subject to subsection (2) of this section, are continuously appropriated
to the Department of Corrections, the Department of Human Services or the
Oregon Health Authority, as appropriate, and may be expended by the Department
of Corrections, the Department of Human Services or the Oregon Health Authority
according to the conditions and terms of the grant or donation.
(2)
Funds received under subsection (1) of this section or ORS 179.110 shall be
expended subject to expenditure limitations imposed on the Department of
Corrections, the Department of Human Services or the Oregon Health Authority by
the Legislative Assembly or, in the absence of such limitations, only after
approval of the Legislative Assembly or of the Emergency Board, if approval is
required during the interim between sessions of the Legislative Assembly.
(3)
In any case where prior approval of the authority to expend any funds available
under subsection (1) of this section or ORS 179.110 is imposed as a term or
condition of receipt of such funds, the Legislative Assembly or the Emergency
Board may approve expenditures of such funds prior to their receipt. [1961
c.651 §4; 1967 c.55 §1; 1969 c.597 §23; 1987 c.320 §112; 2001 c.900 §31; 2003
c.14 §74; 2005 c.755 §2; 2009 c.595 §123]
179.110 Use of federal grants; cooperation
with federal agencies; disposition of balances of appropriations.
Subject to the approval of the Director of the Oregon Department of
Administrative Services, the Department of Corrections, the Department of Human
Services and the Oregon Health Authority, respectively, may accept and receive
grants of funds from the United States or any of its agencies for the
construction, equipment and betterment of any of the institutions under its jurisdiction
and may cooperate with the United States or its agencies in such construction,
equipment and betterment. Any balances of appropriations for capital outlay for
any institution resulting from the use of funds so received shall be placed in
a common fund. The Department of Corrections, the Department of Human Services
and the Oregon Health Authority are authorized and empowered in their
discretion to expend such common fund or any portion thereof in the
construction, equipment or betterment of any institution under its
jurisdiction. [Amended by 1961 c.651 §1; 1969 c.597 §24; 1987 c.320 §113; 2001
c.900 §32; 2009 c.595 §124]
179.115 [1957
c.602 §2; repealed by 1969 c.199 §59]
179.120
[Amended by 1961 c.651 §2; repealed by 1967 c.55 §2]
179.122 [1959
c.290 §13; 1965 c.616 §87; renumbered 423.070]
179.130 Institutional petty cash fund;
creation; reimbursement from appropriation for institution.
(1) The executive head of each institution may execute a claim voucher against
the Institutional Betterment Fund to the credit of the institution, in favor of
the executive head of the institution, in such amount as shall be approved by
the Director of the Oregon Department of Administrative Services, for use by
the institution as a revolving fund in paying the petty claims and incidental
expenses arising in the proper conduct of the institution. The executive head
may establish petty cash funds within the revolving fund by drawing checks upon
the revolving fund payable to the custodians. Petty cash funds established to
disburse funds to residents shall be kept separate from petty cash funds
established to pay incidental expenses of the institution.
(2)
The executive head shall reimburse the revolving fund by drawing upon funds
appropriated for the expenses of the institution or, when funds have been
disbursed to a resident, by drawing upon the trust account created in ORS
179.510. [Amended by 1969 c.597 §15; 1999 c.829 §1]
179.140 Auditing and paying claims;
approval of vouchers. Subject to any applicable provision
of ORS 279A.125, 279A.255, 279A.275, 279A.280, 279A.285, 279A.290, 279B.025,
279B.240, 279B.270, 279B.275, 279B.280, 283.110 to 283.395 and 291.232 to
291.260, all claims for supplies or materials furnished or services rendered to
institutions shall be audited and approved as provided by law, upon the
presentation of duly verified vouchers therefor, approved in writing by the
Director of the Department of Corrections, the Director of Human Services or
the Director of the Oregon Health Authority, or by their designees. [Amended by
1971 c.63 §1; 1973 c.248 §1; 1987 c.320 §114; 2001 c.900 §33; 2003 c.794 §201;
2009 c.595 §125]
179.150 Interest in contracts prohibited.
No officer of the Department of Corrections, the Department of Human Services
or the Oregon Health Authority or officer, employee or other person connected
with an institution shall be pecuniarily interested
in any contract for supplies or services furnished or rendered to an
institution, other than the services of regular employment. [Amended by 1971
c.63 §2; 1987 c.320 §115; 2009 c.595 §126]
179.160 [1955
c.242 §1; subsection (2) enacted as 1961 c.652 §2 (3); 1969 c.597 §25; 1971
c.615 §13; 1981 c.106 §11; repealed by 1983 c.599 §10]
CLAIM FOR INJURY OR DAMAGE
179.210 Claim for injury or damage;
conditions. (1) The Department of Human Services,
the Department of Corrections, the Oregon Health Authority and the
Superintendent of Public Instruction may audit, allow and pay a claim for
damage to property made by an employee of one of those agencies if:
(a)
The damage to property arises out of the claimant’s employment at one of the
institutions or facilities operated by the agencies, or the school operated by
the Superintendent of Public Instruction under ORS 346.010; and
(b)
The employee files a written claim with the employee’s employer within 180 days
after the employee discovers or should have discovered the damage.
(2)
No claim under subsection (1) of this section shall be paid:
(a)
That exceeds, in the aggregate with payments of other claims, the moneys
appropriated for such purpose.
(b)
To the extent that the person incurring damage has been or may be compensated
by liability insurance or otherwise.
(c)
If the agencies or the Superintendent of Public Instruction determines the cause
or occasion of the accident resulting in damage is chargeable to the conduct or
negligence of the party damaged. [1965 c.476 §§2,3; 1967 c.454 §89; 1969 c.597 §29;
1971 c.301 §15; 1987 c.320 §116; 1995 c.452 §1; 2007 c.858 §57; 2009 c.562 §14;
2009 c.595 §127]
179.220 [1965
c.476 §4; 1969 c.597 §30; repealed by 1995 c.452 §5]
179.230 Rejection of claim final and not
reviewable. The decision of the Department of Human
Services, the Department of Corrections, the Oregon Health Authority or the
Superintendent of Public Instruction to reject any claim filed under ORS
179.210 is final, and is not subject to review under ORS chapter 183, or by any
other agency or court. The provisions of this section do not affect any other
remedy that may be available to the claimant under law. [1965 c.476 §5; 1967
c.454 §90; 1969 c.597 §31; 1987 c.410 §6; 1995 c.452 §2; 2009 c.595 §128]
179.240 Procedure where award due person
owing debt to state. (1) If any person owes a debt to
this state or a state agency, and the debt has been fixed by final judgment of
a court of competent jurisdiction or is no longer subject to judicial review,
the Department of Corrections, the Department of Human Services or the Oregon
Health Authority shall deduct the amount of the debt from any award made to
that person under ORS 179.210.
(2)
The agencies shall request the State Treasurer to transfer to the appropriate
fund or account to which the debt is owed, an amount equal to the amount
deducted from the award under subsection (1) of this section, for use during
that biennium in accordance with law by the state agency administering the fund
or account to which the debt is owed. The State Treasurer shall evidence the
transfer by proper bookkeeping entries. If the Department of Corrections, the
Department of Human Services, the Oregon Health Authority or the State
Treasurer cannot determine the appropriate fund or account, the amount shall be
transferred to the General Fund for general governmental purposes.
(3)
Any debt owed by a person to this state or a state agency is satisfied, upon
the completion of a transfer made pursuant to subsection (2) of this section,
to the extent of the amount so transferred. [1965 c.476 §6; 1987 c.320 §117;
1995 c.452 §3; 2001 c.900 §34; 2009 c.595 §129]
179.250 [1965
c.476 §7; 1969 c.597 §32; repealed by 1995 c.452 §5]
SUPERVISION OF STATE INSTITUTIONS
(Superintendent)
179.310 “Superintendent” defined.
When used in ORS 179.010 to 179.495, unless the context otherwise requires, “superintendents”
means the executive heads of the institutions listed in ORS 179.321.
179.320
[Amended by 1955 c.651 §2; 1955 c.660 §25; 1959 c.588 §17; 1963 c.632 §5;
repealed by 1965 c.616 §78 (179.321 enacted in lieu of 179.320)]
179.321 Responsibility to supervise state
institutions. (1) The Department of Human Services
shall operate, control, manage and supervise the Eastern Oregon Training
Center.
(2)
The Oregon Health Authority shall operate, control, manage and supervise the
Blue Mountain Recovery Center and the Oregon State Hospital campuses.
(3)
The Department of Corrections shall operate, control, manage and supervise
those institutions defined as Department of Corrections institutions in ORS
421.005. [1965 c.616 §79 (enacted in lieu of 179.320); 1969 c.597 §38; 1971
c.212 §5; 1971 c.301 §16; 1971 c.401 §82; 1983 c.505 §12; 1983 c.740 §43; 1987
c.320 §118; 2001 c.900 §35; 2007 c.14 §4; 2009 c.595 §130]
179.323 [1967
c.346 §§1,2; repealed by 1969 c.199 §59]
179.325 Change in use of institution for
persons with mental retardation or mental illness.
(1) The Department of Human Services may order the change, in all or part, of
the purpose and use of any state institution being used as an institution for
the care and treatment of persons with mental retardation in order to care for
persons committed to its custody whenever the department determines that a
change in purpose and use will better enable this state to meet its
responsibilities to persons with mental retardation. In determining whether to
order the change, the department shall consider changes in the number and
source of the admissions of persons with mental retardation.
(2)
The Oregon Health Authority may order the change, in all or part, of the
purpose and use of any state institution being used as an institution for the
care and treatment of persons with mental illness in order to care for persons
committed to its custody whenever the authority determines that a change in
purpose and use will better enable this state to meet its responsibilities to
persons with mental illness. In determining whether to order the change, the
authority shall consider changes in the number and source of the admissions of
persons with mental illness. [1965 c.595 §1; 1969 c.597 §39; 1979 c.683 §3;
2007 c.70 §41; 2009 c.595 §131]
179.330
[Amended by 1963 c.471 §1; repealed by 1965 c.616 §80 (179.331 enacted in lieu
of 179.330)]
179.331 Appointment, suspension and removal
of superintendents. (1) The superintendents shall be
appointed and, whenever the public service requires such action, may be
removed, suspended or discharged, as follows:
(a)
The superintendent of the Eastern Oregon Training Center, by the Director of
Human Services.
(b)
The superintendents of the Blue Mountain Recovery Center and the Oregon State
Hospital, by the Director of the Oregon Health Authority.
(c)
The superintendents of Department of Corrections institutions as defined in ORS
421.005, by the Director of the Department of Corrections.
(2)
For purposes of the State Personnel Relations Law, the superintendents are
assigned to the unclassified service. [1965 c.616 §81 (enacted in lieu of
179.330); 1969 c.597 §26; 1971 c.301 §17; 1987 c.320 §119; 2003 c.14 §75; 2009
c.595 §132]
179.340 Salaries and expenses of
superintendents. (1) The annual salaries of the
superintendents shall be fixed, within the respective appropriations therefor
and the limitations otherwise fixed by law by their respective appointing
authorities.
(2)
The superintendents shall receive no fees, emoluments or compensation other
than salaries fixed under subsection (1) of this section, but shall receive
their actual traveling expenses when traveling in the service of the state. [Amended
by 1963 c.471 §2; 1965 c.616 §82; 1969 c.597 §27]
179.350
[Amended by 1969 c.597 §28; repealed by 1987 c.320 §246]
179.360 Powers and duties of
superintendents. (1) Each superintendent shall:
(a)
Have custody of the residents of the institution under jurisdiction of the
superintendent.
(b)
Direct the care, custody and training of the residents unless otherwise
directed by law or by rule.
(c)
Adopt sanitary measures for the health and comfort of the residents.
(d)
Promote the mental, moral and physical welfare and development of the
residents.
(e)
Enjoy the other powers and privileges and perform the other duties that are
prescribed by law or by rule or that naturally attach themselves to the
position of superintendent.
(f)
Designate a physician licensed by the Oregon Medical Board to serve as chief
medical officer as provided in ORS 427.010, who will be directly responsible to
the superintendent for administration of the medical treatment programs at the
institution and assume such other responsibilities as are assigned by the
superintendent.
(2)
The Director of the Department of Corrections, the Director of Human Services
and the Director of the Oregon Health Authority shall prescribe for their
respective institutions:
(a)
The duties of the superintendents where the duties are not prescribed by law.
(b)
The additional duties, beyond those prescribed by law, that each agency
director considers necessary for the good of the public service. [Amended by
1969 c.391 §14; 1969 c.597 §34; 1979 c.683 §4; 1987 c.320 §120; 2001 c.900 §36;
2009 c.59 §3; 2009 c.595 §133]
179.370 Residence of superintendents at
institutions. The Director of the Department of
Corrections, the Director of Human Services or the Director of the Oregon
Health Authority may require that a superintendent reside in state-provided
housing at the institution under the jurisdiction of the superintendent. The
rental shall be determined pursuant to ORS 182.425. [Amended by 1959 c.80 §1;
1969 c.597 §35; 1977 c.583 §1; 1987 c.320 §120a; 1989 c.171 §21; 2009 c.595 §134]
(Staff)
179.375 Chaplaincy services.
(1) The Department of Corrections, the Department of Human Services and the
Oregon Health Authority shall ensure that adequate chaplaincy services,
including but not limited to Protestant and Roman Catholic, are available at
their respective institutions.
(2)
Chaplains serving the various institutions shall, with respect to the inmates
or patients at such institutions:
(a)
Provide for and attend to their spiritual needs.
(b)
Visit them for the purpose of giving religious and moral instruction.
(c)
Participate in the rehabilitation programs affecting them. [1963 c.554 §2; 1987
c.320 §121; 2009 c.595 §135]
179.380 Employment of staff; oaths and
bonds. (1) The Department of Corrections, the
Department of Human Services and the Oregon Health Authority shall authorize
the employment of all necessary physicians, attendants, nurses, engineers,
messengers, clerks, guards, cooks, waiters and other officers and employees not
specifically authorized by law and necessary to the successful maintenance of
their respective institutions. The amounts expended for the services of such
officers and employees shall not exceed the amounts provided therefor in the
biennial appropriations for the institution.
(2)
The agencies shall designate in their respective rules which employees shall be
officers, and shall require all officers to take and subscribe to an oath of
office and, if the circumstances require it, to furnish bonds. [Amended by 1969
c.597 §36; 1987 c.320 §122; 1999 c.59 §35; 2001 c.900 §37; 2009 c.595 §136]
179.385 Scholarship programs to train
personnel for institutions; rules. The
Department of Corrections, the Department of Human Services and the Oregon
Health Authority, respectively, may establish scholarship programs to provide
assistance in securing qualified personnel at state institutions governed by
them. Scholarships authorized by this section shall be granted in accordance
with rules and regulations adopted respectively by the agencies. [1961 c.363 §2;
1987 c.320 §123; 2001 c.900 §38; 2009 c.595 §137]
179.390 Appointment, suspension, removal
and salaries of assistants, officers and employees; contract services.
(1) The superintendent of an institution within the jurisdiction of the
Department of Corrections shall, subject to the approval of the Director of the
Department of Corrections, appoint in the manner provided by law all
assistants, officers and other employees at the institution under the
jurisdiction of the superintendent. The superintendent may suspend or remove an
assistant, officer or other employee in the manner provided by law, reporting
all acts of suspension or removal to the Director of the Department of
Corrections for approval or disapproval.
(2)
The Director of the Department of Corrections, the Director of Human Services
and the Director of the Oregon Health Authority shall:
(a)
Fix the salaries of assistants, officers and employees where their salary is
not fixed by law.
(b)
Suspend or discharge any subordinate of a superintendent when public service
requires such action, except when suspending or discharging the subordinate
violates the State Personnel Relations Law.
(3)
The Director of Human Services or a designee at a facility under jurisdiction
of the Department of Human Services shall, as provided by law, appoint, suspend
or discharge an employee of the department. The Director of Human Services may
designate up to three employees at each facility to act in the name of the
director in accordance with ORS 240.400.
(4)
The Director of the Oregon Health Authority or a designee at a facility under
jurisdiction of the Oregon Health Authority shall, as provided by law, appoint,
suspend or discharge an employee of the authority. The director may designate
up to three employees at each facility to act in the name of the director in
accordance with ORS 240.400.
(5)
In addition to or in lieu of employing physicians, the Director of the
Department of Corrections or the designee thereof may contract for the personal
services of physicians licensed to practice medicine by the Oregon Medical
Board to serve as medical advisors for the Oregon Health Authority. Advisors
under such contracts shall be directly responsible for administration of
medical treatment programs at penal and correctional institutions, as defined
in ORS 421.005. [Amended by 1969 c.597 §37; 1973 c.807 §1; 1987 c.78 §1; 1987
c.320 §123a; 2001 c.900 §39; 2009 c.595 §138]
179.400 Rentals to officers and employees
at institution. The superintendent of an
institution may rent state-provided housing located at the institution under
the jurisdiction of the superintendent to state officers and employees or
others. The rental shall be determined pursuant to ORS 182.425. [Amended by
1977 c.583 §2]
179.405 License required for teachers at
institution. No Department of Corrections
institutions, youth correction facilities as defined in ORS 420.005 and
institutions listed in ORS 427.010 shall employ persons regularly as teachers
who are not licensed. [Formerly 342.174; 2001 c.295 §16]
Note:
179.405 was added to and made a part of ORS chapter 179 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
179.410
[Repealed by 1969 c.597 §281]
179.420
[Repealed by 1969 c.597 §281]
179.430
[Repealed by 1969 c.597 §281]
(Work at Institution)
179.440 Work in production of articles and
performance of labor for state. In order to
minimize the cost of maintaining the institutions, all wards of the state who
are capable of a reasonable amount of work without physical or mental injury to
themselves shall be used as fully as possible in the production and manufacture
of articles for the use of the state and in the performance of labor for the
state.
179.450 Work on state-owned land.
The Department of Corrections, the Department of Human Services and the Oregon
Health Authority may direct the employment of able-bodied persons at the
agencies’ respective institutions, in the performance of useful work upon land
owned by the state if it does not compete with free labor. Work may not be
performed upon any such land except by consent and approval of the agency of
the state having management of the land. [Amended by 1955 c.660 §26; 1965 c.616
§86; 1987 c.320 §124; 2007 c.70 §42; 2009 c.595 §139]
179.460 Sale and exchange of surplus
products of institutions; rules; State Institutional Betterment Fund.
(1) In order to encourage industry and thereby increase productiveness in the
institutions, the Department of Corrections, the Department of Human Services
and the Oregon Health Authority shall prescribe rules and regulations for the
sale and exchange of surplus products of each.
(2)
The funds derived from the sale of the surplus products shall be paid into the
State Treasury and become a part of a fund to be known as the State
Institutional Betterment Fund, which fund shall be expended by the agencies,
respectively, for the benefit of the institutions in proportion to the amount
earned by each.
(3)
The provisions of this section apply to the school operated under ORS 346.010. [Amended
by 1971 c.301 §18; 1987 c.320 §125; 2001 c.900 §40; 2007 c.858 §58; 2009 c.562 §15;
2009 c.595 §140]
179.470
[Repealed by 1969 c.597 §281]
(Transfer Procedures)
179.471 Definitions for ORS 179.473 and
179.478. As used in ORS 179.473 and 179.478,
unless the context requires otherwise:
(1)
“Youth correction facility” has the meaning given that term in ORS 420.005.
(2)
“Youth offender” has the meaning given that term in ORS 419A.004. [1999 c.110 §1]
Note:
179.471 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 179 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
179.473 Transfers between institutions;
rules. (1) Whenever the health and welfare of
the person and the efficient administration of the institution require the
transfer of an inmate of a Department of Corrections institution or a youth
offender in a youth correction facility to another institution:
(a)
The Department of Corrections or the Oregon Youth Authority, with the consent
of the Department of Human Services, may transfer a person at any institution
under its jurisdiction to an institution for persons with mental retardation,
or, with the consent of the Oregon Health and Science University, to the Oregon
Health and Science University.
(b)
The Department of Corrections may transfer an inmate of a Department of
Corrections institution to a state mental hospital listed in ORS 426.010 for
evaluation and treatment pursuant to rules adopted jointly by the Department of
Corrections and the Oregon Health Authority.
(c)
The Oregon Youth Authority may transfer a youth offender or other person
confined in a youth correction facility to a hospital or facility designated by
the Oregon Health Authority for evaluation and treatment pursuant to rules
adopted jointly by the Oregon Youth Authority and the Oregon Health Authority.
(d)
Except as provided in subsection (2) of this section, the Department of
Corrections or the Oregon Youth Authority may make a transfer of a person from
any institution under the jurisdiction of the department or the Oregon Youth
Authority to any other institution under the jurisdiction of the department or
authority.
(2)
A youth offender in a youth correction facility may not be transferred to a
Department of Corrections institution under subsection (1) of this section. A
youth offender in a youth correction facility who has been transferred to
another institution may not be transferred from such other institution to a
Department of Corrections institution.
(3)
The rules adopted under subsection (1)(b) and (c) of this section must:
(a)
Provide the inmate or youth offender with the rights to which persons are
entitled under ORS 179.485.
(b)
Provide that a transfer of an inmate or a youth offender to the Oregon Health
Authority for stabilization and evaluation for treatment may not exceed 30 days
unless the transfer is extended pursuant to a hearing required by paragraph (c)
of this subsection.
(c)
Provide for an administrative commitment hearing if:
(A)
The Oregon Health Authority determines that administrative commitment for
treatment for a mental illness is necessary or advisable or that the authority
needs more than 30 days to stabilize or evaluate the inmate or youth offender
for treatment; and
(B)
The inmate or youth offender does not consent to the administrative commitment
or an extension of the transfer.
(d)
Provide for, at a minimum, all of the following for the administrative
commitment hearing process:
(A)
Written notice to the inmate or youth offender that an administrative
commitment to a state mental hospital listed in ORS 426.010 or a hospital or
facility designated by the Oregon Health Authority or an extension of the
transfer is being considered. The notice required by this subparagraph must be
provided far enough in advance of the hearing to permit the inmate or youth
offender to prepare for the hearing.
(B)
Disclosure to the inmate or youth offender, at the hearing, of the evidence
that is being relied upon for the administrative commitment or the extension of
the transfer.
(C)
An opportunity, at the hearing, for the inmate or youth offender to be heard in
person and to present documentary evidence.
(D)
An opportunity, at the hearing, for the inmate or youth offender to present the
testimony of witnesses and to confront and cross-examine witnesses called by
the state. The opportunity required by this subparagraph may be denied upon a
finding by the decision maker of good cause for not permitting the inmate or
youth offender to present the testimony of witnesses or confront or
cross-examine witnesses called by the state.
(E)
An independent decision maker for the hearing.
(F)
A written statement by the decision maker of the evidence relied upon by the
decision maker and the reasons for administratively committing the inmate or
youth offender or extending the transfer.
(G)
A qualified and independent assistant for the inmate or youth offender to be
provided by the state if the inmate or youth offender is financially unable to
provide one.
(H)
Effective and timely notice of the procedures required by subparagraphs (A) to
(G) of this paragraph.
(e)
Provide that an inmate or a youth offender may not be administratively
committed involuntarily unless the independent decision maker finds by clear
and convincing evidence that the inmate or youth offender is a mentally ill
person as defined in ORS 426.005.
(f)
Provide that the duration of an administrative commitment pursuant to an
administrative commitment hearing be no more than 180 days unless the
administrative commitment is renewed in a subsequent administrative commitment
hearing. Notwithstanding this paragraph, an administrative commitment may not
continue beyond the term of incarceration to which the inmate was sentenced or
beyond the period of time that the youth offender may be placed in a youth
correction facility. [1965 c.616 §84 (enacted in lieu of 179.474); 1969 c.597 §40;
1975 c.662 §1; 1977 c.601 §1; 1987 c.320 §126; 1997 c.249 §52; 1999 c.110 §2;
2005 c.439 §§1,2; 2007 c.70 §43; 2009 c.595 §141]
179.474 [1957
c.160 §1; repealed by 1965 c.616 §83 (179.473 enacted in lieu of 179.474)]
179.475 [1977
c.601 §3; 1987 c.320 §127; 1999 c.110 §3; repealed by 2005 c.439 §5]
179.476 [1957
c.160 §2; 1965 c.616 §85; 1969 c.597 §41; 1975 c.662 §2; repealed by 1977 c.601
§8]
179.477 [1977
c.601 §4; 1979 c.408 §6; 1985 c.242 §6; 1987 c.320 §128; 1999 c.110 §4; 2001
c.104 §59; repealed by 2005 c.439 §5]
179.478 Examination for intellectual
disability; commitment hearing; transfer to hospital or training center for
persons with intellectual disability; termination of sentence.
(1) If the person, a relative, guardian or friend, or institution staff have
probable cause to believe that an inmate or youth offender is a person with an
intellectual disability to such a degree that the inmate or youth offender
cannot adjust to or benefit from the Department of Corrections institution or
youth correction facility, the superintendent of the institution shall request
that a diagnostic assessment be performed by the Department of Human Services
or its designee. If there is probable cause to believe that the inmate or youth
offender is a person with an intellectual disability and otherwise eligible for
admission to a state training center pursuant to ORS 427.010 and other
applicable statutes and rules of the Department of Human Services, the person
shall be entitled to a commitment hearing.
(2)
If the inmate or youth offender is by clear and convincing evidence determined
by the court to be a person with an intellectual disability, the person shall
be committed and transferred to a training center designated by the Department
of Human Services as soon as space in an appropriate unit is available, and any
sentence to a Department of Corrections institution or commitment to the youth
correction facility shall be terminated. [1977 c.601 §5; 1979 c.683 §35; 1987
c.320 §129; 1999 c.110 §5; 2001 c.900 §41; 2007 c.70 §44; 2011 c.658 §33]
179.479 Conveyance of inmates from
institution to physician or hospital for treatment; rules.
(1) The superintendent or other chief executive officer of an institution
described in ORS 179.321 may, when authorized by regulation or direction of the
Department of Corrections, the Department of Human Services or the Oregon
Health Authority, convey an inmate to a physician, clinic or hospital,
including the Oregon Health and Science University, for medical, surgical or
dental treatment when such treatment cannot satisfactorily be provided at the
institution. An inmate conveyed for treatment pursuant to this section shall be
kept in the custody of the institution from which the inmate is conveyed.
(2)
The Department of Corrections, the Department of Human Services and the Oregon
Health Authority shall prescribe rules and regulations governing conveyances
authorized by this section. [1957 c.160 §3; 1969 c.597 §42; 1975 c.693 §1; 1987
c.320 §130; 1999 c.59 §36; 2001 c.900 §42; 2009 c.595 §142]
179.480
[Amended by 1955 c.86 §1; repealed by 1957 c.160 §6]
179.483 Time spent pursuant to transfer or
conveyance counted as part of sentence. Any time
spent by an inmate of a Department of Corrections institution pursuant to a
transfer or conveyance shall be counted as part of the sentence being served by
the inmate. [1957 c.160 §4; 1987 c.320 §131]
179.485 Rights of person transferred to
institution for persons with mental illness or intellectual disabilities.
Persons transferred to a state institution for persons with mental illness or
intellectual disabilities under ORS 179.473, 179.478 and 420.505 shall be
entitled to the same legal rights as any other persons admitted to those
institutions. [1977 c.601 §6; 2007 c.70 §45; 2011 c.658 §34]
179.486 Payment of costs in connection
with transfers and conveyances; medical reports to accompany certain inmates.
(1) The institution from which a transfer or conveyance is made shall pay from
its appropriation the cost of such of the following items as may be incurred in
a particular case:
(a)
Transportation and other expenses incidental to the transfer or conveyance,
including the expenses of attendants where an attendant is directed to
accompany the inmate.
(b)
Hospital expenses incurred at the Oregon Health and Science University.
(c)
Examination, treatment and hospital expenses incurred in favor of a physician,
clinic or hospital, other than the Oregon Health and Science University.
(2)
An inmate transferred or conveyed to the Oregon Health and Science University
shall be accompanied by a report made by the physician in charge of the
institution from which the transfer or conveyance is made, or by another
physician designated by the physician in charge. The report shall contain the
history of the case and the information required by blanks prepared by the
School of Medicine or School of Dentistry, as the case may be. [1957 c.160 §5]
(Medical Care)
179.490 Authorization and payment of cost
of emergency and necessary operations. In the case
of a necessary or emergency operation, requiring the services of a specialist,
and where the relatives or guardians, in the judgment of the Department of
Corrections, the Department of Human Services or the Oregon Health Authority,
are unable to pay a part or the whole cost of the operation, the agencies may
have the operation performed, the cost of the operation to be payable from the
funds of the institution concerned. [Amended by 1987 c.320 §132; 2001 c.900 §43;
2009 c.595 §143]
179.492 Dispensing of brand-name mental
health drugs. (1) The Department of Corrections, the
Department of Human Services or the Oregon Health Authority shall dispense as
written a prescription for a brand-name mental health drug prescribed for a
person while the person is in the custody of an institution described in ORS
179.321 if the prescription specifies “dispense as written” or contains the
notation “D.A.W.” or other words of similar meaning.
(2)
If, at the time of commitment to the custody of an institution described in ORS
179.321, a person has a prescription for a specified brand-name mental health
drug and the prescription specifies “dispense as written” or contains the
notation “D.A.W.” or other words of similar meaning, the Department of
Corrections, the Department of Human Services or the Oregon Health Authority
shall ensure that the person is prescribed the specified brand-name drug until
a licensed health professional with prescriptive privileges evaluates the
person and becomes responsible for the treatment of the person. [2005 c.691 §7;
2009 c.595 §144]
Note:
179.492 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 179 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Records)
179.495 Disclosure of inmate written
accounts; penalty. (1) Written accounts of the
inmates of any Department of Corrections institution as defined in ORS 421.005,
maintained in the institution by the officers or employees of the institution
who are authorized to maintain written accounts within the official scope of
their duties, are not subject to disclosure unless the disclosure is permitted
or authorized by the Department of Corrections in compliance with ORS 179.505
(3), (4), (6), (7), (9), (11), (12), (14), (15), (16) or (17) or 179.508 or
upon order of a court of competent jurisdiction. The restriction contained in
this section does not apply to disclosure of written accounts made under ORS
179.505 (3) with the authorization of the individual or a personal
representative of the individual.
(2)
Except as authorized under subsection (1) of this section, any person who
discloses or any person who knowingly obtains information from a written
account referred to in subsection (1) of this section commits a Class B
violation.
(3)
As used in this section, “disclosure,” “personal representative” and “written
account” have the meanings given those terms in ORS 179.505. [1955 c.452 §1;
1969 c.597 §44; 1973 c.736 §3; 1977 c.812 §5; 1987 c.320 §133; 1991 c.807 §2;
1999 c.1051 §165; 2003 c.14 §76; 2003 c.88 §1; 2005 c.498 §4]
179.500
[Repealed by 1969 c.597 §281]
179.505 Disclosure of written accounts by
health care services provider. (1) As used
in this section:
(a)
“Disclosure” means the release of, transfer of, provision of access to or
divulgence in any other manner of information outside the health care services
provider holding the information.
(b)
“Health care services provider” means:
(A)
Medical personnel or other staff employed by or under contract with a public
provider to provide health care or maintain written accounts of health care
provided to individuals; or
(B)
Units, programs or services designated, operated or maintained by a public
provider to provide health care or maintain written accounts of health care
provided to individuals.
(c)
“Individually identifiable health information” means any health information
that is:
(A)
Created or received by a health care services provider; and
(B)
Identifiable to an individual, including demographic information that
identifies the individual, or for which there is a reasonable basis to believe
the information can be used to identify an individual, and that relates to:
(i)
The past, present or future physical or mental health or condition of an
individual;
(ii)
The provision of health care to an individual; or
(iii)
The past, present or future payment for the provision of health care to an
individual.
(d)
“Personal representative” includes but is not limited to:
(A)
A person appointed as a guardian under ORS 125.305, 419B.370, 419C.481 or
419C.555 with authority to make medical and health care decisions;
(B)
A person appointed as a health care representative under ORS 127.505 to 127.660
or a representative under ORS 127.700 to 127.737 to make health care decisions
or mental health treatment decisions; and
(C)
A person appointed as a personal representative under ORS chapter 113.
(e)
“Psychotherapy notes” means notes recorded in any medium:
(A)
By a mental health professional, in the performance of the official duties of
the mental health professional;
(B)
Documenting or analyzing the contents of conversation during a counseling
session; and
(C)
That are maintained separately from the rest of the individual’s record.
(f)
“Psychotherapy notes” does not mean notes documenting:
(A)
Medication prescription and monitoring;
(B)
Counseling session start and stop times;
(C)
Modalities and frequencies of treatment furnished;
(D)
Results of clinical tests; or
(E)
Any summary of the following items:
(i)
Diagnosis;
(ii)
Functional status;
(iii)
Treatment plan;
(iv)
Symptoms;
(v)
Prognosis; or
(vi)
Progress to date.
(g)
“Public provider” means:
(A)
The Blue Mountain Recovery Center, the Eastern Oregon Training Center and the
Oregon State Hospital campuses;
(B)
Department of Corrections institutions as defined in ORS 421.005;
(C)
A contractor of the Department of Corrections, the Department of Human Services
or the Oregon Health Authority that provides health care to individuals
residing in a state institution operated by the agencies;
(D)
A community mental health program or community developmental disabilities
program as described in ORS 430.610 to 430.695 and the public and private
entities with which it contracts to provide mental health or developmental
disabilities programs or services;
(E)
A program or service provided under ORS 431.250, 431.375 to 431.385 or 431.416;
(F)
A program or service established or maintained under ORS 430.630 or 430.664;
(G)
A program or facility providing an organized full-day or part-day program of
treatment that is licensed, approved, established, maintained or operated by or
contracted with the Oregon Health Authority for alcoholism, drug addiction or
mental or emotional disturbance;
(H)
A program or service providing treatment by appointment that is licensed, approved,
established, maintained or operated by or contracted with the authority for
alcoholism, drug addiction or mental or emotional disturbance; or
(I)
The impaired health professional program established under ORS 676.190.
(h)
“Written account” means records containing only individually identifiable
health information.
(2)
Except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12),
(14), (15), (16) and (17) of this section or unless otherwise permitted or
required by state or federal law or by order of the court, written accounts of
the individuals served by any health care services provider maintained in or by
the health care services provider by the officers or employees thereof who are
authorized to maintain written accounts within the official scope of their
duties are not subject to access and may not be disclosed. This subsection
applies to written accounts maintained in or by facilities of the Department of
Corrections only to the extent that the written accounts concern the medical,
dental or psychiatric treatment as patients of those under the jurisdiction of
the Department of Corrections.
(3)
If the individual or a personal representative of the individual provides an
authorization, the content of any written account referred to in subsection (2)
of this section must be disclosed accordingly, if the authorization is in
writing and is signed and dated by the individual or the personal
representative of the individual and sets forth with specificity the following:
(a)
Name of the health care services provider authorized to make the disclosure,
except when the authorization is provided by recipients of or applicants for
public assistance to a governmental entity for purposes of determining
eligibility for benefits or investigating for fraud;
(b)
Name or title of the persons or organizations to which the information is to be
disclosed or that information may be disclosed to the public;
(c)
Name of the individual;
(d)
Extent or nature of the information to be disclosed; and
(e)
Statement that the authorization is subject to revocation at any time except to
the extent that action has been taken in reliance thereon, and a specification
of the date, event or condition upon which it expires without express
revocation. However, a revocation of an authorization is not valid with respect
to inspection or records necessary to validate expenditures by or on behalf of
governmental entities.
(4)
The content of any written account referred to in subsection (2) of this
section may be disclosed without an authorization:
(a)
To any person to the extent necessary to meet a medical emergency.
(b)
At the discretion of the responsible officer of the health care services
provider, which in the case of any Oregon Health Authority facility or
community mental health program is the Director of the Oregon Health Authority,
to persons engaged in scientific research, program evaluation, peer review and
fiscal audits. However, individual identities may not be disclosed to such
persons, except when the disclosure is essential to the research, evaluation,
review or audit and is consistent with state and federal law.
(c)
To governmental agencies when necessary to secure compensation for services
rendered in the treatment of the individual.
(5)
When an individual’s identity is disclosed under subsection (4) of this
section, a health care services provider shall prepare, and include in the
permanent records of the health care services provider, a written statement
indicating the reasons for the disclosure, the written accounts disclosed and
the recipients of the disclosure.
(6)
The content of any written account referred to in subsection (2) of this
section and held by a health care services provider currently engaged in the
treatment of an individual may be disclosed to officers or employees of that
provider, its agents or cooperating health care services providers who are
currently acting within the official scope of their duties to evaluate
treatment programs, to diagnose or treat or to assist in diagnosing or treating
an individual when the written account is to be used in the course of
diagnosing or treating the individual. Nothing in this subsection prevents the
transfer of written accounts referred to in subsection (2) of this section
among health care services providers, the Department of Human Services, the
Department of Corrections, the Oregon Health Authority or a local correctional
facility when the transfer is necessary or beneficial to the treatment of an
individual.
(7)
When an action, suit, claim, arbitration or proceeding is brought under ORS
34.105 to 34.240 or 34.310 to 34.730 and involves a claim of constitutionally
inadequate medical care, diagnosis or treatment, or is brought under ORS 30.260
to 30.300 and involves the Department of Corrections or an institution operated
by the department, nothing in this section prohibits the disclosure of any
written account referred to in subsection (2) of this section to the Department
of Justice, Oregon Department of Administrative Services, or their agents, upon
request, or the subsequent disclosure to a court, administrative hearings
officer, arbitrator or other administrative decision maker.
(8)(a)
When an action, suit, claim, arbitration or proceeding involves the Department
of Human Services, the Oregon Health Authority or an institution operated by
the department or authority, nothing in this section prohibits the disclosure
of any written account referred to in subsection (2) of this section to the
Department of Justice, Oregon Department of Administrative Services, or their
agents.
(b)
Disclosure of information in an action, suit, claim, nonlabor
arbitration or proceeding is limited by the relevancy restrictions of ORS
40.010 to 40.585, 183.710 to 183.725, 183.745 and 183.750 and ORS chapter 183.
Only written accounts of a plaintiff, claimant or petitioner shall be disclosed
under this paragraph.
(c)
Disclosure of information as part of a labor arbitration or proceeding to
support a personnel action taken against staff is limited to written accounts
directly relating to alleged action or inaction by staff for which the
personnel action was imposed.
(9)(a)
The copy of any written account referred to in subsection (2) of this section,
upon written request of the individual or a personal representative of the
individual, shall be disclosed to the individual or the personal representative
of the individual within a reasonable time not to exceed five working days. The
individual or the personal representative of the individual shall have the
right to timely access to any written accounts.
(b)
If the disclosure of psychiatric or psychological information contained in the
written account would constitute an immediate and grave detriment to the
treatment of the individual, disclosure may be denied, if medically contraindicated
by the treating physician or a licensed health care professional in the written
account of the individual.
(c)
The Department of Corrections may withhold psychiatric or psychological
information if:
(A)
The information relates to an individual other than the individual seeking it.
(B)
Disclosure of the information would constitute a danger to another individual.
(C)
Disclosure of the information would compromise the privacy of a confidential
source.
(d)
However, a written statement of the denial under paragraph (c) of this
subsection and the reasons therefor must be entered in the written account.
(10)
A health care services provider may require a person requesting disclosure of
the contents of a written account under this section to reimburse the provider
for the reasonable costs incurred in searching files, abstracting if requested
and copying if requested. However, an individual or a personal representative
of the individual may not be denied access to written accounts concerning the individual
because of inability to pay.
(11)
A written account referred to in subsection (2) of this section may not be used
to initiate or substantiate any criminal, civil, administrative, legislative or
other proceedings conducted by federal, state or local authorities against the
individual or to conduct any investigations of the individual. If the
individual, as a party to an action, suit or other judicial proceeding,
voluntarily produces evidence regarding an issue to which a written account
referred to in subsection (2) of this section would be relevant, the contents
of that written account may be disclosed for use in the proceeding.
(12)
Information obtained in the course of diagnosis, evaluation or treatment of an
individual that, in the professional judgment of the health care services
provider, indicates a clear and immediate danger to others or to society may be
reported to the appropriate authority. A decision not to disclose information
under this subsection does not subject the provider to any civil liability.
Nothing in this subsection may be construed to alter the provisions of ORS
146.750, 146.760, 419B.010, 419B.015, 419B.020, 419B.025, 419B.030, 419B.035,
419B.040 and 419B.045.
(13)
The prohibitions of this section apply to written accounts concerning any
individual who has been treated by any health care services provider
irrespective of whether or when the individual ceases to receive treatment.
(14)
Persons other than the individual or the personal representative of the
individual who are granted access under this section to the contents of a
written account referred to in subsection (2) of this section may not disclose
the contents of the written account to any other person except in accordance
with the provisions of this section.
(15)
Nothing in this section prevents the Department of Human Services or the Oregon
Health Authority from disclosing the contents of written accounts in its
possession to individuals or agencies with whom children in its custody are
placed.
(16)
The system described in ORS 192.517 (1) shall have access to records, as
defined in ORS 192.515, as provided in ORS 192.517.
(17)(a)
Except as provided in paragraph (b) of this subsection, a health care services
provider must obtain an authorization from an individual or a personal
representative of the individual to disclose psychotherapy notes.
(b)
A health care services provider may use or disclose psychotherapy notes without
obtaining an authorization from the individual or a personal representative of
the individual to carry out the following treatment, payment and health care
operations:
(A)
Use by the originator of the psychotherapy notes for treatment;
(B)
Disclosure by the health care services provider for its own training program in
which students, trainees or practitioners in mental health learn under
supervision to practice or improve their skills in group, joint, family or
individual counseling; or
(C)
Disclosure by the health care services provider to defend itself in a legal
action or other proceeding brought by the individual or a personal
representative of the individual.
(c)
An authorization for the disclosure of psychotherapy notes may not be combined
with an authorization for a disclosure of any other individually identifiable
health information, but may be combined with another authorization for a
disclosure of psychotherapy notes. [1973 c.736 §2; 1977 c.812 §3; 1981 c.326 §2;
1985 c.219 §1; 1987 c.320 §134; 1987 c.322 §1; 1989 c.81 §1; 1991 c.175 §1;
1991 c.807 §1; 1993 c.262 §3; 1993 c.546 §101; 2001 c.900 §44; 2003 c.88 §2;
2005 c.498 §5; 2009 c.595 §145; 2009 c.697 §12; 2011 c.720 §65]
179.507 Enforcement of ORS 179.495 and
179.505; actions; venue; damages. (1) Any
individual, a person appointed as a personal representative under ORS chapter
113 or the legal guardian of the individual may commence an action for
equitable relief in the circuit court for the county in which the individual
resides or in which the written accounts referred to in ORS 179.505 (2) are
kept for the purpose of requiring compliance with ORS 179.495 and 179.505. In
an action brought under this section, the court shall order payment of
reasonable attorney fees at trial and on appeal and actual costs and
disbursements to the prevailing party.
(2)
Any individual, a person appointed as a personal representative under ORS
chapter 113 or the legal guardian of the individual may commence an action in
the circuit court for the county in which the individual resides or in which
the written accounts referred to in ORS 179.505 (2) are kept for damages for
any violation of ORS 179.495 or 179.505 and to restrain future violations. If a
violation of ORS 179.495 or 179.505 is proven, the person commencing the action
shall recover actual damages or $500, whichever is greater. Upon a showing of
an intentional violation of ORS 179.495 or 179.505, the individual may receive
punitive damages. The prevailing party in an action brought under this
subsection shall receive reasonable attorney fees at trial and on appeal and
costs and disbursements actually incurred. [1977 c.812 §4; 1979 c.284 §120;
1981 c.897 §39; 2003 c.88 §3]
179.508 Disclosure of individually
identifiable health information about inmate. (1)
The Department of Corrections may disclose individually identifiable health
information without obtaining an authorization from an inmate or a personal
representative of the inmate if disclosure of the information is necessary for:
(a)
The provision of health care to the inmate;
(b)
The health and safety of the inmate or other inmates;
(c)
The health and safety of the officers or employees of or others at the
Department of Corrections institution as defined in ORS 421.005 where the
inmate is incarcerated;
(d)
The health and safety of the inmate or officers or other persons responsible for
transporting or transferring inmates from one setting to another;
(e)
Law enforcement purposes on the premises of the correctional institution; or
(f)
The administration and maintenance of the safety, security and good order of
the correctional institution.
(2)
As used in this section, “disclosure,” “individually identifiable health
information” and “personal representative” have the meanings given those terms
in ORS 179.505. [2003 c.88 §4]
Note:
179.508 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 179 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
179.509 Reports on deaths at institutions;
compilation submitted to President and Speaker.
(1) The superintendent of each state institution shall submit quarterly reports
on the number of deaths, including the ages of the deceased, the causes of
death and the disposition of the remains, within the institution to the
Department of Corrections, the Department of Human Services or the Oregon
Health Authority, as the case may be, having jurisdiction over the institution.
(2)
The agencies shall compile the reports described in subsection (1) of this
section and submit them quarterly to the offices of the President of the Senate
and of the Speaker of the House of Representatives. [1985 c.207 §26; 1987 c.320
§135; 2001 c.900 §45; 2009 c.595 §146]
(Funds of Inmates or Patients)
179.510 “Funds” defined; deposit of funds
of institution residents with State Treasurer.
(1) The superintendent or state agency that possesses or controls funds that
are the property of the residents of such institutions or that have been
deposited for their use or for expenditure in their behalf shall deposit such
funds, as they are received, together with any such funds as heretofore have
accumulated, with the State Treasurer as a trust account, separate and distinct
from the General Fund. Interest earned by the account shall be credited to the
account.
(2)
The word “funds” as used in ORS 179.510 to 179.530 shall include, but shall not
be limited to, moneys deposited with the superintendents or state agencies for
medical care or assistance of residents, moneys derived from athletic
activities, contributions for athletic, health, or recreation projects, and any
other moneys received by the superintendents or state agencies that are not
required by law to be credited to other state funds or accounts. [Formerly
179.710; 1969 c.597 §46; 1979 c.683 §5; 1989 c.966 §3; 1991 c.271 §1]
179.520 Authorization to receive funds of
wards; separate accounts. The superintendent or state
agencies are authorized to receive any of the funds referred to in ORS 179.510
to 179.530. The State Treasurer shall carry such funds in separate accounts for
such institutions, or in a single account for all institutions operated by a
single state agency, but shall not credit such funds or any part thereof to any
state fund for governmental purposes. [Formerly 179.720; 1991 c.271 §2]
179.530 Disbursements from accounts;
accountability. Disbursements from the accounts
for the purposes for which the contributions or payments were made, and for
payment to persons lawfully entitled thereto, may be made by the superintendent
of the institution by which the funds were deposited, or by the state agency
having jurisdiction over the institution, by checks or orders drawn upon the
State Treasurer. The superintendent or state agency shall be accountable for
the proper handling of the account. [Formerly 179.730; 1991 c.271 §3]
179.540
[Formerly 120.210; 1993 c.98 §11; repealed by 1997 c.87 §1]
179.545
[Formerly 120.220; repealed by 1997 c.87 §1]
179.550
[Formerly 120.230; repealed by 1997 c.87 §1]
OREGON STATE HOSPITAL ADVISORY BOARD
179.560 Members; appointment; terms;
meetings. (1) There is established in the Oregon
Health Authority the Oregon State Hospital Advisory Board, consisting of 16
members. Two nonvoting members shall be from the Legislative Assembly, one
appointed by the President of the Senate and one appointed by the Speaker of
the House of Representatives. Fourteen members shall be appointed by the
Governor and be subject to confirmation by the Senate in the manner prescribed
in ORS 171.562 and 171.565 and shall include the following:
(a)
Three voting members who are individuals who advocate for or provide
representation to individuals with mental illness;
(b)
Three voting members who are health care professionals who have experience
working with individuals with mental illness;
(c)
Two voting members who are or have been consumers of mental health services, at
least one of whom is a former patient of the Oregon State Hospital located in
Salem, Marion County;
(d)
One voting member who is a member of the family of a consumer of mental health
services;
(e)
Two voting members who are members of the general public who live in the
vicinity of the Oregon State Hospital located in Salem, Marion County; and
(f)
Three nonvoting members who are members of a public employee bargaining unit
and who are employed by the Oregon State Hospital located in Salem, Marion
County, as follows:
(A)
One individual to represent board-certified physicians;
(B)
One individual to represent board-certified nursing staff; and
(C)
One individual to represent direct care services staff.
(2)
Members appointed by the Governor shall serve four-year terms, but a member
serves at the pleasure of the Governor. Before the expiration of the term of a
member appointed by the Governor, the Governor shall appoint a successor whose
term begins on July 1 next following. A member is eligible for reappointment.
(3)
Members of the board appointed by the President of the Senate and the Speaker
of the House of Representatives shall serve two-year terms.
(4)
If there is a vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired term.
(5)
The Governor shall select one of the voting members of the Oregon State
Hospital Advisory Board as chairperson and another as vice chairperson, for
such terms and with duties and powers necessary for the performance of the
functions of such offices as the Governor determines.
(6)
A majority of the voting members of the board constitutes a quorum for the
transaction of business.
(7)
The board shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the board.
(8)
The Oregon Health Authority shall provide staff support to the board.
(9)
A voting member of the board may not individually or in a fiduciary capacity
have a financial interest in the Oregon State Hospital located in Salem, Marion
County. [2009 c.704 §1; 2011 c.720 §66]
Note:
179.560, 179.570 and 179.580 were enacted into law by the Legislative Assembly
but were not added to or made a part of ORS chapter 179 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
Note:
Section 2, chapter 704, Oregon Laws 2009, provides:
Sec. 2. The
Governor shall make appointments to the Oregon State Hospital Advisory Board
within 60 days after the effective date of this 2009 Act [July 14, 2009].
Notwithstanding the term of office specified by section 1 of this 2009 Act
[179.560], of the members first appointed to the Oregon State Hospital Advisory
Board by the Governor:
(1)
Three shall serve for terms ending July 1, 2010.
(2)
Three shall serve for terms ending July 1, 2011.
(3)
Four shall serve for terms ending July 1, 2012.
(4)
Four shall serve for terms ending July 1, 2013. [2009 c.704 §2]
179.570 Powers and duties of board; report
to legislature. The Oregon State Hospital
Advisory Board established by ORS 179.560:
(1)
Shall periodically conduct a comprehensive review of federal and state laws
concerning, and administrative rules, policies, procedures and protocols of the
Oregon State Hospital related to, the safety, security and care of patients;
(2)
May make recommendations directly to the superintendent of the Oregon State
Hospital, the Director of the Oregon Health Authority, the Legislative Assembly
or interim committees of the Legislative Assembly concerning:
(a)
Federal and state laws concerning, and administrative rules, policies,
procedures and protocols of the hospital related to, the safety, security and
care of patients;
(b)
Performance measures related to the safety, security and care of patients;
(c)
Goals for improvement in the safety, security and care of patients of the
hospital and improvements that are under way; and
(d)
Potential legislative proposals or budget packages related to the hospital; and
(3)
Shall report annually to an appropriate committee of the Legislative Assembly
regarding the activities of the board. [2009 c.704 §3; 2011 c.720 §67]
Note: See
first note under 179.560.
179.580 Ad hoc committees.
(1) The Oregon State Hospital Advisory Board may establish ad hoc committees to
aid and advise the board in the performance of its functions. The chairperson
of the board shall appoint the chairperson of each committee. Each committee
shall include no more than two voting members of the board, and the remaining
members of a committee may not be members of the board.
(2)
Members of ad hoc committees are not entitled to compensation. [2009 c.704 §4]
Note: See
first note under 179.560.
RESPONSIBILITY FOR COST OF CARE OF
PERSONS IN STATE INSTITUTIONS
179.610 Definitions for ORS 179.610 to
179.770. As used in ORS 179.610 to 179.770,
unless the context requires otherwise:
(1)
“Authorized representative” means an individual or entity appointed under
authority of ORS chapter 125, as guardian or conservator of a person, who has
the ability to control the person’s finances, and any other individual or
entity holding funds or receiving benefits or income on behalf of any person.
(2)
“Care” means all services rendered by the state institutions as described in
ORS 179.321 or by the Department of Corrections, Department of Human Services
or Oregon Health Authority on behalf of those institutions. These services
include, but are not limited to, such items as medical care, room, board,
administrative costs and other costs not otherwise excluded by law.
(3)
“Decedent’s estate” has the meaning given “estate” in ORS 111.005 (15).
(4)
“Person,” “person in a state institution” or “person at a state institution,”
or any similar phrase, means an individual who is or has been at a state
institution described in ORS 179.321.
(5)
“Personal estate” means all income and benefits as well as all assets,
including all personal and real property of a living person, and includes assets
held by the person’s authorized representative and all other assets held by any
other individual or entity holding funds or receiving benefits or income on
behalf of any person. [Subsections (1) and (2) enacted as 1959 c.652 §1;
subsection (3) enacted as 1959 c.652 §3 (2); 1969 c.597 §43; 1971 c.411 §2;
1973 c.546 §1; 1973 c.806 §1; 1977 c.384 §4; 1989 c.348 §1; 1995 c.664 §89;
2001 c.487 §1; 2003 c.14 §77; 2009 c.595 §147]
179.620 Liability of person or estate for
cost of care. (1) A person and the personal estate of
the person, or a decedent’s estate, is liable for the full cost of care. Full
cost of care is established according to ORS 179.701.
(2)
While the person is liable for the full cost of care, the maximum amount a
person is required to pay toward the full cost of care shall be determined
according to the person’s ability to pay. Ability to pay is determined as
provided in ORS 179.640.
(3)
Upon the death of a person, the decedent’s estate shall be liable for any
unpaid cost of care. The liability of the decedent’s estate is limited to the
cost of care incurred on or after July 24, 1979. The decedent’s estate shall
not include assets placed in trust for the person by other persons. Collection
of any amount from a decedent’s estate shall be pursuant to ORS 179.740.
(4)
Regardless of subsection (1) of this section and ORS 179.610 (5), assets held
in trust by a trustee for a person are subject to laws generally applicable to
trusts.
(5)
Notwithstanding subsections (1) and (3) of this section, the Department of
Corrections, the Department of Human Services and the Oregon Health Authority
may not collect the cost of care from:
(a)
Any assets received by or owing to a person and the personal estate of the
person, or the decedent’s estate, as compensation from the state for injury,
death or, if the collection is being made by the Department of Corrections, the
false imprisonment of the person that occurred when the person was in a state
institution listed in ORS 179.321 and for which the state admits liability or
is found liable through adjudication; and
(b)
Any real or personal property of the personal estate of the person, or the
decedent’s estate, that the person or an authorized representative of the
person can demonstrate was purchased solely with assets referred to in
paragraph (a) of this subsection or partially with such assets, to the extent
such assets were used in the purchase. [1959 c.652 §2; 1961 c.501 §1; 1973
c.823 §§122,158; 1979 c.684 §2; 1989 c.348 §2; 1999 c.159 §1; 2001 c.487 §2;
2009 c.595 §148]
179.630 [1959
c.652 §3 (1); 1963 c.598 §1; 1967 c.549 §3; repealed by 1973 c.546 §13]
179.635 [1969
c.257 §§2,3,4,5; 1971 c.750 §3; repealed by 1973 c.546 §13 and 1973 c.806 §2a;
amended by 1973 c.827 §22]
179.640 Determination of ability to pay;
rules; financial information; notice; order; hearing; appeal.
(1)(a) The Department of Corrections, the Department of Human Services and the
Oregon Health Authority shall establish rules for determining ability to pay
for persons in their respective institutions. The rules adopted by each agency
shall require, in addition to other relevant factors, consideration of the
personal estate, the person’s need for funds for personal support after
release, and the availability of third-party benefits such as, but not limited
to, Medicare or private insurance. Each agency may also consider the probable
length of stay at the state institution. Nothing in this section requires the
Department of Corrections to investigate a person’s ability to pay or to issue
an ability-to-pay order.
(b)
When adopting rules under paragraph (a) of this subsection, the Department of
Corrections shall consider the person’s needs for funds to pay for the support
of the person’s children and to pay any monetary obligations imposed on the
person as a result of the person’s conviction.
(2)
In determining a person’s ability to pay, none of the agencies may consider as
part of the personal estate of the person or the decedent’s estate:
(a)
Any assets received by or owing to the person and the personal estate of the
person, or the decedent’s estate, as compensation from the state for injury,
death or, if the collection is being made by the Department of Corrections, the
false imprisonment of the person that occurred when the person was in a state
institution listed in ORS 179.321 and for which the state admits liability or
is found liable through adjudication; and
(b)
Any real or personal property that the person or an authorized representative
of the person can demonstrate was purchased solely with assets referred to in
paragraph (a) of this subsection or partially with such assets, to the extent
such assets were used in the purchase.
(3)
A person and the authorized representative of the person, if any, shall provide
all financial information requested by the agency that is necessary to
determine the person’s ability to pay. To determine ability to pay, the agency
may use any information available to the agency, including information provided
by the Department of Revenue from personal income tax returns pursuant to ORS
314.840, and elderly rental assistance claims. Upon request, the Department of
Revenue shall release copies of tax returns to the agency. When the person or
the person’s authorized representative fails to provide evidence to demonstrate
an inability to pay full cost of care, the agency may determine the person has
the ability to pay the full cost of care.
(4)
The agency shall provide actual notice to the person and any authorized
representative, if known to the agency, of its determination by issuing an
ability-to-pay order. The order shall state the person’s full liability and the
person’s determined ability to pay. Actual notice means receipt by the person
and the authorized representative of notice. The notice shall include a copy of
the ability-to-pay order, a description of the person’s appeal rights and the
date upon which appeal rights terminate and state the address where a request
for hearing may be mailed or delivered. At any time, the agency may reissue an
ability-to-pay order to notify an authorized representative as provided by ORS
179.653 (4).
(5)
At any time during the person’s stay at the state institution or within 36
months from the date the person is released, if the agency receives new
financial information that shows a change in the person’s financial
circumstances, the agency shall consider the changed circumstances and issue a
new ability-to-pay order.
(6)
Orders issued after the person is released may not require the person to make
payments toward the cost of care for more than 36 consecutive months following
release. However, the agency may collect beyond the 36-month period any
payments that became due but were not paid within the 36 months following
release. Any remaining balance of full cost of care shall be collected as
provided in ORS 179.740.
(7)
Notwithstanding ORS 183.315 (5), if a person or authorized representative
disagrees with any ability-to-pay order issued pursuant to this section, the
person or authorized representative may request a contested case hearing. To
the extent practical, the hearing will be held at a location convenient to the
person or the authorized representative. The request must be postmarked within
60 days from the date of the mailing of the ability-to-pay order. If the person
or the authorized representative makes a timely request for a contested case
hearing, the hearing and any appeal of the final hearing order shall be
governed by ORS 183.413 to 183.497. If the person or the authorized
representative fails to make a timely request for a contested case hearing, the
ability-to-pay order shall be final and not subject to judicial review, except
as subsequently modified by the agency as provided in subsection (5) of this
section.
(8)
On appeal, regardless of other information presented, payment of the full cost
of care may be ordered if the person or the authorized representative refuses
to produce financial information that the Hearings Officer or administrative
law judge determines is relevant and must be produced. [1959 c.652 §4; 1961
c.501 §2; 1967 c.549 §4; 1973 c.806 §3a; 1973 c.823 §§123,159; 1989 c.348 §3;
1997 c.170 §15; 1999 c.159 §2; 2001 c.487 §3; 2003 c.75 §86; 2009 c.595 §149]
179.643 [1969
c.257 §8; 1973 c.546 §4; repealed by 1989 c.348 §16]
179.645 [1967
c.534 §32; repealed by 1973 c.806 §14]
179.650 [1959
c.652 §5; 1967 c.549 §5; 1969 c.591 §295; 1973 c.546 §5; 1973 c.806 §5a;
repealed by 1989 c.348 §16]
179.653 Unpaid costs as lien on property;
order; when appealable. (1) If any person or authorized
representative refuses to pay for the cost of care as ordered by the Department
of Corrections, the Department of Human Services or the Oregon Health Authority
under ORS 179.640, the amount unpaid plus interest shall be a lien in favor of
the State of Oregon. The lien shall arise as each payment is due under the
order and shall continue until the liability with interest is satisfied. The
lien shall be upon the title to and interest in the
real and personal property of the personal estate.
(2)
Prior to the filing of a distraint warrant as provided in ORS 179.655 (2), the
lien shall only be valid against:
(a)
Property of the person;
(b)
Assets held by any authorized representative bound by the ability-to-pay order;
and
(c)
Assets subject to lien held by any person or entity having actual knowledge of
the ability-to-pay order or the lien.
(3)
Regardless of any other provision of law or statute that provides a procedure
for establishing obligations, including the claim and payment provisions of ORS
chapter 125, an authorized representative who has received notice and had an
opportunity to request a contested case hearing shall comply with an
ability-to-pay order upon demand by the agency. The agency may issue the demand
any time after the order becomes final.
(4)
An authorized representative who has not had an opportunity to request a
contested case hearing, either because the authorized representative was not
appointed at the time the ability-to-pay order became final, or was not given
notice of the ability-to-pay order as required by ORS 179.640 (4), shall not be
bound by the order of the agency. To bind the authorized representative, the
ability-to-pay order must be reissued and notice provided to the authorized
representative pursuant to ORS 179.640 (4). The authorized representative shall
have the same appeal rights as if the order had originally been issued to the
authorized representative. After the order becomes final, the authorized
representative shall be bound as provided in subsection (3) of this section.
The agency may not issue an execution of a lien or foreclose against property
held by or in the control of the authorized representative until the authorized
representative is bound by the order of the agency.
(5)
An authorized representative who is a trustee shall only be bound to the extent
that the final order specifically finds that the trust assets of a trust fund
are subject to claim by the agency.
(6)
If the authorized representative does not comply with the demand, the agency
may file with the probate court a motion to require the authorized
representative to comply. If the authorized representative is a conservator or
guardian appointed under ORS chapter 125, the motion shall be filed in that
proceeding. The motion shall be accompanied by an affidavit stating that the
order is final, that demand has been made on the authorized representative and
that the order has not been complied with.
(7)
The authorized representative may object to the motion only on grounds that the
order is not final, that the order is not binding on the authorized
representative as provided in this section or that all required payments have
been made. The objection must be by affidavit.
(8)
If the authorized representative objects by affidavit, the court shall hear the
motion. If the court determines that the ability-to-pay order is final and
binding on the authorized representative and that all required payments have
not been made, the court shall order the authorized representative to comply
with the ability-to-pay order.
(9)
If the authorized representative fails to object by affidavit within 15 days of
the filing of the motion, the court shall order the authorized representative
to comply with the order. An authorized representative who willfully fails or
refuses to comply may be found in contempt of court and may be held personally
responsible.
(10)
Nothing in this section shall affect the requirement that the agency issue a
new order in accordance with ORS 179.640 (5) if financial circumstances have
changed. [1973 c.806 §9a; 1989 c.348 §4; 1995 c.664 §90; 1999 c.159 §3; 2001
c.487 §4; 2009 c.595 §150]
179.655 Enforcement of lien; distraint
warrant. (1) If any amount due the Department of
Corrections, the Department of Human Services or the Oregon Health Authority
for the cost of care of a person is not paid within 30 days after it becomes
due, and no provision is made to secure the payment by bond, deposit or
otherwise, pursuant to rules adopted by the appropriate agency, the agency may
issue a distraint warrant directed to any county of the state.
(2)
After the receipt of the distraint warrant, the clerk of the county shall enter
in the County Clerk Lien Record the name of the person, the amount for which
the distraint warrant is issued and the date the distraint warrant is recorded.
The amount of the distraint warrant shall become a lien upon the title to and interest in any property owned or later acquired by the
debtor against whom it is issued, and it may be enforced by the agency in the
same manner as a judgment of the circuit court.
(3)
In the event that an ability-to-pay order issued under ORS 179.640 (4) or (5)
becomes final, and supersedes a previous final ability-to-pay order on which a
distraint warrant had been issued, the agency shall issue a new distraint
warrant superseding the previous distraint warrant, and the lien shall conform
to the new order.
(4)
The agency may direct a copy of the distraint warrant to the sheriff of any
county of the state commanding the sheriff to levy upon and sell the real and
personal property of the taxpayer found within that county, for the payment of
the amount due, with interest, collection charge and the sheriff’s fee. The
sheriff shall return the distraint warrant to the agency and pay to it the
money collected not less than 60 days from the date the copy of the distraint
warrant was directed to the sheriff.
(5)
The agency may issue the directive provided in subsection (4) of this section
to any agent of the agency. In executing the distraint warrant, the agent shall
have the same powers conferred by law upon sheriffs. However, the agent is not
entitled to any fee or compensation in excess of actual expenses incurred in
the performance of this duty. [1973 c.806 §§10,11,12; 1983 c.696 §8; 1989 c.348
§5; 1999 c.159 §4; 2001 c.487 §5; 2009 c.595 §151]
179.660 Guardian or conservator for estate
of person in institution. If the Department of
Corrections, the Department of Human Services or the Oregon Health Authority
believes a person at one of its state institutions needs a guardian or
conservator, or both, and one has not been appointed, the agency may request
that the district attorney institute proper proceedings for this appointment in
the court having probate jurisdiction. The county of which the person is a resident,
or was a resident at the time of admittance, shall be the basis for determining
the appropriate district attorney to be contacted. [1959 c.652 §6; 1973 c.823 §124;
1989 c.348 §6; 2001 c.487 §6; 2009 c.595 §152]
179.670 [1959
c.652 §7; 1969 c.591 §296; 1973 c.546 §6; repealed by 1973 c.806 §14]
179.680 [1959
c.652 §8; 1967 c.549 §6; 1973 c.546 §7; repealed by 1973 c.806 §14]
179.690 [1959
c.652 §9; repealed by 1973 c.546 §13]
179.700 [1959
c.652 §10; 1961 c.639 §1; 1965 c.182 §1; repealed by 1967 c.549 §1 (179.701
enacted in lieu of 179.700)]
179.701 Determination of cost-of-care
rates. The cost-of-care rates for a person
shall be determined by the Department of Corrections, the Department of Human
Services or the Oregon Health Authority, as appropriate. The rates established
shall be reasonably related to current costs of the institutions as described
in ORS 179.321. Current costs shall exclude costs of outpatient services as
defined in ORS 430.010 and any other costs not directly related to the care for
a person at a state institution. [1967 c.549 §2 (enacted in lieu of 179.700);
1973 c.806 §6; 1989 c.348 §7; 2001 c.487 §7; 2009 c.595 §153; 2011 c.658 §35]
179.710 [1955
c.5 §1; renumbered 179.510]
179.711 Remittance of amounts due; refunds.
(1) Remittance of amounts due for care of persons at state institutions as
provided in ORS 179.610 to 179.770 shall be made to the Department of
Corrections, the Department of Human Services or the Oregon Health Authority,
as appropriate.
(2)
The agency shall refund any unearned payment for the care of a person at a
state institution where payment has been made in advance and the person dies or
is discharged before the end of the period for which payment was made. Any
refund shall be paid to the person, to the authorized representative of the
person or to the decedent’s estate if the person has died. All claims for
refunds approved by the agency shall be paid as provided in ORS 293.295 to
293.462. Any amounts necessary for payment of refunds are appropriated from the
money collected by that agency under the provisions of ORS 179.610 to 179.770. [1959
c.652 §11; 1963 c.193 §1; 1973 c.546 §8; 1983 c.740 §44; 1989 c.348 §8; 2001
c.487 §8; 2009 c.595 §154]
179.720 [1955
c.5 §2; renumbered 179.520]
179.721 [1959
c.652 §13; 1973 c.546 §9; repealed by 1989 c.348 §16]
179.730 [1955
c.5 §3; renumbered 179.530]
179.731 Waiver of collection of amount
payable. If the Department of Corrections, the
Department of Human Services or the Oregon Health Authority determines that
collection of the amount payable under ORS 179.610 to 179.770 for the cost of
care of a person would be detrimental to the best interests of the person or
the agency, the agency may waive the collection of part or all of the amount
otherwise payable. [1959 c.652 §§16,17,18; 1961 c.501 §3; 1973 c.546 §10; 1973
c.806 §7a; 1989 c.348 §9; 2001 c.487 §9; 2009 c.595 §155]
179.740 Collection from estates;
settlement. (1) The Department of Corrections, the
Department of Human Services or the Oregon Health Authority, as appropriate,
may file a claim against the decedent’s estate for any unpaid charges under ORS
179.620 (3). This shall be done in the same manner as claims of creditors and
with the priorities provided in ORS 115.125.
(2)
If, within 90 days following the person’s death, the person’s estate is not
otherwise being probated, the agency may petition any court of competent
jurisdiction for the issuance of letters of administration or testamentary.
This action would be for the purpose of collecting the full amount of unpaid
cost of care as determined by ORS 179.701 and limited by ORS 179.620 (3).
However, the agency may not file a petition under this subsection until at
least 90 days after the death of the person who was at the state institution
and then only in the event that the person’s estate is not otherwise being
probated.
(3)
The agency may settle any claim against the decedent’s estate during the
pendency of the probate proceeding by accepting other security or in any other
equitable manner. The agency may waive all or part of the claim if it finds
collection of this amount due to be inequitable.
(4)
The agency may not recover amounts that exceed the total cost of care of the
deceased person as computed under ORS 179.701 and limited by ORS 179.620 (3). [1959
c.652 §§16,17,18; 1961 c.501 §4; 1969 c.591 §297; 1973 c.546 §11; 1979 c.684 §4;
1989 c.348 §10; 2001 c.487 §10; 2009 c.595 §156]
179.745 Title to and transfer of property.
The State of Oregon, by and through the Department of Corrections, the
Department of Human Services or the Oregon Health Authority, may take title to
real and personal property to carry out the provisions of ORS 179.620, 179.653,
179.655 and 179.740. With the written consent of the owner of real property or
an authorized representative of the owner, the agency may transfer real
property under the provisions of ORS 270.100 to 270.190. The agency may
transfer personal property under rules adopted by the agency. The proceeds,
less costs, of any real or personal property transferred by the agency under
this section shall be credited to and deposited in the Department of
Corrections Account, the Department of Human Services Account or the Oregon
Health Authority Fund, as appropriate. [1999 c.616 §2; 2001 c.487 §11; 2009 c.595
§157]
DISCRIMINATION PROHIBITED
179.750 Equal care and services for persons
in state institutions. (1) Discrimination may not be
made in the admission, accommodation, care, education or treatment of any
person in a state institution because the person does or does not contribute to
the cost of the care.
(2)
Discrimination may not be made in the provision of or access to educational
facilities and services and recreational facilities and services to any person
in the state institutions enumerated in ORS 420.005 or Department of
Corrections institutions as defined in ORS 421.005 on the basis of race,
religion, sex, sexual orientation, national origin or marital status of the
person. This subsection does not require combined domiciliary facilities at the
state institutions to which it applies. [1959 c.652 §19; 1973 c.546 §12; 1977
c.363 §1; 1979 c.141 §1; 1989 c.348 §11; 1995 c.422 §134; 2003 c.14 §78; 2007
c.100 §20]
179.760 [1959
c.652 §15; repealed by 1973 c.546 §13]
RULES
179.770 Rules; employees.
(1) In accordance with any applicable provisions of ORS chapter 183, the
Department of Corrections, the Department of Human Services and the Oregon
Health Authority may adopt any rules necessary to carry out ORS 179.610 to
179.770.
(2)
Subject to any applicable provision of the State Personnel Relations Law, the
agency may employ employees necessary to carry out ORS 179.610 to 179.770. [Subsections
(1) and (2) enacted as 1959 c.652 §20; subsection (3) as 1959 c.652 §12; 1989
c.348 §12; 2001 c.487 §12; 2009 c.595 §158]
_______________