Chapter 428 — Nonresident
Persons With Mental Disabilities
2011 EDITION
NONRESIDENT PERSONS WITH MENTAL
DISABILITIES
MENTAL HEALTH; ALCOHOL AND DRUG
TREATMENT
OBLIGATIONS CONCERNING NONRESIDENT
PERSONS WITH MENTAL DISABILITIES
428.205 Declaration
of policy
428.210 Definitions
for ORS 428.210 to 428.270
428.220 Determining
residence; admission to state hospital of person whose residence is not
established
428.230 Return
of nonresident patients; admission of eligible persons
428.240 Reciprocal
agreements for interstate exchange of nonresident patients
428.250 Liability
for expenses of returning nonresident patients
428.260 Transportation
of nonresident patients; payment of expenses
428.270 Liability
of persons for care and return of nonresident persons with mental disabilities
INTERSTATE COMPACT ON MENTAL HEALTH
428.310 Execution
and termination of compact concerning persons with mental disabilities
428.320 Compact
administrator; rules; supplementary agreements
428.330 Dealing
with state not party to compact
428.010
[Amended by 1955 c.597 §2; repealed by 1959 c.652 §24]
428.020
[Repealed by 1959 c.652 §24]
428.030
[Repealed by 1959 c.652 §24]
428.040
[Amended by 1957 c.388 §13; repealed by 1959 c.652 §24]
428.050
[Repealed by 1959 c.652 §24]
428.060
[Repealed by 1959 c.652 §24]
428.070
[Amended by 1957 c.92 §1; repealed by 1959 c.652 §24]
428.080
[Repealed by 1959 c.652 §24]
428.090
[Repealed by 1959 c.652 §24]
428.100
[Repealed by 1959 c.652 §24]
428.110
[Repealed by 1959 c.652 §24]
428.120
[Repealed by 1959 c.652 §24]
428.130
[Repealed by 1959 c.652 §24]
428.140
[Repealed by 1959 c.652 §24]
428.144 [1955
c.597 §4; repealed by 1959 c.652 §24]
428.146 [1955
c.597 §5; repealed by 1959 c.652 §24]
428.148 [1955
c.597 §6; repealed by 1959 c.652 §24]
428.150
[Repealed by 1959 c.652 §24]
OBLIGATIONS CONCERNING NONRESIDENT
PERSONS WITH MENTAL DISABILITIES
428.205 Declaration of policy.
It is declared to be the policy and intent of the Legislative Assembly that
whenever a person physically present in the State of Oregon is in need of
institutionalization by reason of mental illness or mental retardation, the
person shall be eligible for care and treatment in an institution of the State
of Oregon irrespective of the residence of the person, settlement or
citizenship qualifications. [1975 c.155 §2; 2007 c.70 §223]
428.210 Definitions for ORS 428.210 to
428.270. As used in ORS 428.210 to 428.270:
(1)
“Authority” means the Oregon Health Authority.
(2)
“Department” means the Department of Human Services.
(3)
“Foreign hospital” means an institution in any other state which corresponds to
the institutions defined in subsection (8) of this section.
(4)
“Nonresident” means any person who is not a resident of this state as defined
in subsection (7) of this section.
(5)
“Other state” includes all the states, territories, possessions, commonwealths
and agencies of the United States and the District of Columbia, with the
exception of the State of Oregon.
(6)
“Patient” means any person who has been committed by a court of competent
jurisdiction to a state hospital, except a person committed to a state hospital
pursuant to ORS 136.150 (1969 Replacement Part), 136.160 (1969 Replacement
Part), 161.341 or 161.370.
(7)
“Resident of this state” means a person who has lived in this state
continuously for a period of one year and who has not acquired legal residence
in any other state by living continuously therein for at least one year
subsequent to the residence of the person in this state. However, a service man
or woman on active duty in the Armed Forces of the United States who was
domiciled in Oregon upon entry into active duty and who has acquired no other
domicile shall be entitled to have his or her children considered a resident of
this state so long as no other domicile is acquired by the service man or
woman.
(8)
“State hospital” means any institution listed in ORS 426.010 or 427.010. [1957
c.388 §5; 1959 c.588 §19; 1967 c.299 §2; 1971 c.743 §368; 1977 c.380 §20; 2001
c.900 §131; 2009 c.595 §449]
428.220 Determining residence; admission
to state hospital of person whose residence is not established.
(1) In determining whether or not any person committed by a court of competent
jurisdiction to a state hospital or foreign hospital is a resident of this
state:
(a)
The time spent in a state hospital or foreign hospital or on parole therefrom
shall not be counted in determining the residence of such person in this or any
other state.
(b)
The residence of such person at the time of commitment shall remain the
residence of the person for the duration of the commitment of the person.
(2)
The Department of Human Services may give written authorization for the
admission to the Eastern Oregon Training Center whenever:
(a)
The residence of any person cannot be established after reasonable and diligent
investigation and effort.
(b)
The peculiar circumstances of a case, in the judgment of the department,
provide a sufficient reason for the suspension of the residence requirement
provided by ORS 428.210 (7).
(3)
The Oregon Health Authority may give written authorization for the admission to
the Blue Mountain Recovery Center or the Oregon State Hospital whenever:
(a)
The residence of any person cannot be established after reasonable and diligent
investigation and effort.
(b)
The peculiar circumstances of a case, in the judgment of the authority, provide
a sufficient reason for the suspension of the residence requirement provided by
ORS 428.210 (7). [1957 c.388 §6; 2009 c.595 §450]
428.230 Return of nonresident patients;
admission of eligible persons. (1) Except as
provided in ORS 428.205, 428.220 and 428.330, the Department of Human Services
and the Oregon Health Authority shall return nonresident patients to any other
state in which they may have legal residence.
(2)
The department may give written authorization for the return to the Eastern
Oregon Training Center of a resident of Oregon who has been committed by a
court of competent jurisdiction to a foreign hospital.
(3)
The superintendent of the Eastern Oregon Training Center shall admit and care
for any person eligible for admission pursuant to subsection (2) of this
section or ORS 428.220 (2) upon receipt of a certified copy of the commitment
papers and the written authorization of the department.
(4)
The authority may give written authorization for the return to the Blue
Mountain Recovery Center or the Oregon State Hospital of a resident of Oregon
who has been committed by a court of competent jurisdiction to a foreign
hospital.
(5)
The superintendent of the Blue Mountain Recovery Center or the Oregon State
Hospital shall admit and care for any person eligible for admission pursuant to
subsection (4) of this section or ORS 428.220 (3) upon receipt of a certified
copy of the commitment papers and the written authorization of the authority. [1957
c.388 §7; 1975 c.155 §5; 2009 c.595 §451]
428.240 Reciprocal agreements for
interstate exchange of nonresident patients. (1)
For the purpose of facilitating the return of nonresident patients, the
Department of Human Services may enter into a reciprocal agreement with any
other state for the mutual exchange of persons committed by a court of
competent jurisdiction to the Eastern Oregon Training Center or a foreign
hospital, whose legal residence is in the other’s jurisdiction.
(2)
For the purpose of facilitating the return of nonresident patients, the Oregon
Health Authority may enter into a reciprocal agreement with any other state for
the mutual exchange of persons committed by a court of competent jurisdiction
to the Blue Mountain Recovery Center, the Oregon State Hospital or a foreign
hospital, whose legal residence is in the other’s jurisdiction.
(3)
In such agreements, the department or authority may:
(a)
Only for purposes of mutual exchange with the other state, vary the period of
residence required by ORS 428.210 (7).
(b)
Provide for the arbitration of disputes arising out of the mutual exchange of
such persons between this state and any other state. [1957 c.388 §8; 2009 c.595
§452]
428.250 Liability for expenses of returning
nonresident patients. (1) Except as provided in ORS
428.270, all expenses incurred under ORS 428.230 and 428.240 in returning
nonresident patients from this state to any other state shall be paid by this
state.
(2)
All expenses of returning residents of this state shall be borne by the other
state making the return. [1957 c.388 §9]
428.260 Transportation of nonresident patients;
payment of expenses. (1) For the purpose of carrying
out the provisions of ORS 428.210 to 428.270, the Department of Human Services
or the Oregon Health Authority may employ all help necessary in arranging for
and transporting nonresident patients.
(2)
The cost and expense of providing such assistance and all expenses incurred in
effecting the transportation of such patients shall be paid from funds
appropriated for that purpose upon vouchers approved by the department, the
authority or the superintendent of the Eastern Oregon Training Center, the Blue
Mountain Recovery Center or the Oregon State Hospital. [1957 c.388 §10; 1985
c.511 §2; 2009 c.595 §453]
428.270 Liability of persons for care and
return of nonresident persons with mental disabilities.
(1) Any person, except an officer, agent or employee of a common carrier acting
in the line of duty, who brings or in any way aids in bringing into this state
any patient without the written authorization of the Department of Human
Services or the Oregon Health Authority, shall be liable to this state for all
expenses incurred in the care of such patient and in the transportation of such
patient to the other state where the patient legally resides.
(2)
Hospitals and sanitariums, other than state hospitals, that care for and treat
persons with mental illness or mental retardation shall be responsible for the
return of those persons to their places of residence or domicile outside the
state if they are brought into this state for treatment and care and are
discharged from such institutions without being fully recovered.
(3)
Failure to comply with the provisions of subsection (2) of this section shall
render the person operating the hospital or sanitarium liable to reimburse the
state for all expenses incurred in the care, maintenance and return of the
persons with mental illness or mental retardation to their places of residence
or domicile outside the state. [1957 c.388 §11; 2007 c.70 §224; 2009 c.595 §454]
INTERSTATE COMPACT ON MENTAL HEALTH
428.310 Execution and termination of
compact concerning persons with mental disabilities.
The Department of Human Services or the Oregon Health Authority may execute and
terminate a compact on behalf of the State of Oregon with any state, territory
or possession of the United States, the District of Columbia and the
Commonwealth of Puerto Rico joining therein, in the form substantially as
follows:
______________________________________________________________________________
The
contracting states solemnly agree that:
ARTICLE I
The
party states find that the proper and expeditious treatment of the mentally ill
and mentally deficient can be facilitated by cooperative action, to the benefit
of the patients, their families, and society as a whole. Further, the party
states find that the necessity of and desirability for furnishing such care and
treatment bears no primary relation to the residence or citizenship of the
patient but that, on the contrary, the controlling factors of community safety
and humanitarianism require that facilities and services be made available for
all who are in need of them. Consequently, it is the purpose of this compact
and of the party states to provide the necessary legal basis for the
institutionalization or other appropriate care and treatment of the mentally
ill and mentally deficient under a system that recognizes the paramount
importance of patient welfare and to establish the responsibilities of the
party states in terms of such welfare.
ARTICLE II
As
used in this compact:
(a)
“Sending state” shall mean a party state from which a patient is transported
pursuant to the provisions of the compact or from which it is contemplated that
a patient may be so sent.
(b)
“Receiving state” shall mean a party state to which a patient is transported
pursuant to the provisions of the compact or to which it is contemplated that a
patient may be so sent.
(c)
“Institution” shall mean any hospital or other facility maintained by a party
state or political subdivision thereof for the care and treatment of mental
illness or mental deficiency.
(d)
“Patient” shall mean any person subject to or eligible as determined by the
laws of the sending state, for institutionalization or other care, treatment or
supervision pursuant to the provisions of this compact.
(e)
“After-care” shall mean care, treatment and services provided a patient, as defined
herein, on convalescent status or conditional release.
(f)
“Mental illness” shall mean mental disease to such extent that a person so
afflicted requires care and treatment for his own welfare, or the welfare of
others, or of the community.
(g)
“Mental deficiency” shall mean mental deficiency as defined by appropriate
clinical authorities to such extent that a person so afflicted is incapable of
managing himself and his affairs, but shall not include mental illness as
defined herein.
(h)
“State” shall mean any state, territory or possession of the United States, the
District of Columbia and the Commonwealth of Puerto Rico.
ARTICLE III
(a)
Whenever a person physically present in any party state shall be in need of
institutionalization by reason of mental illness or mental deficiency, the
person shall be eligible for care and treatment in an institution in that state
irrespective of the residence, settlement or citizenship qualifications of the
person.
(b)
The provisions of paragraph (a) of this article to the contrary
notwithstanding, any patient may be transferred to an institution in another
state whenever there are factors based upon clinical determinations indicating
that the care and treatment of said patient would be facilitated or improved
thereby. Any such institutionalization may be for the entire period of care and
treatment or for any portion or portions thereof. The factors referred to in
this paragraph shall include the patient’s full record with due regard for the
location of the patient’s family, character of the illness and probable
duration thereof, and such other factors as shall be considered appropriate.
(c)
No state shall be obliged to receive any patient pursuant to the provisions of
paragraph (b) of this article unless the sending state has given advance notice
of its intention to send the patient; furnished all available medical and other
pertinent records concerning the patient; given the qualified medical or other
appropriate clinical authorities of the receiving state an opportunity to
examine the patient if said authorities so wish; and unless the receiving state
shall agree to accept the patient.
(d)
In the event that the laws of the receiving state establish a system of
priorities for the admission of patients, an interstate patient under this
compact shall receive the same priority as a local patient and shall be taken
in the same order and at the same time that the patient would be taken if the
patient were a local patient.
(e)
Pursuant to this compact, the determination as to the suitable place of
institutionalization for a patient may be reviewed at any time and such further
transfer of the patient may be made as seems likely to be in the best interest
of the patient.
ARTICLE IV
(a)
Whenever, pursuant to the laws of the state in which a patient is physically
present, it shall be determined that the patient should receive after-care or
supervision, such care or supervision may be provided in a receiving state. If
the medical or other appropriate clinical authorities having responsibility for
the care and treatment of the patient in the sending state shall have reason to
believe that after-care in another state would be in the best interest of the
patient and would not jeopardize the public safety, they shall request the appropriate
authorities in the receiving state to investigate the desirability of affording
the patient such after-care in said receiving state, and such investigation
shall be made with all reasonable speed. The request for investigation shall be
accompanied by complete information concerning the patient’s intended place of
residence and the identity of the person in whose charge it is proposed to
place the patient, the complete medical history of the patient, and such other
documents as may be pertinent.
(b)
If the medical or other appropriate clinical authorities having responsibility
for the care and treatment of the patient in the sending state and the
appropriate authorities in the receiving state find that the best interest of
the patient would be served thereby, and if the public safety would not be
jeopardized thereby, the patient may receive after-care or supervision in the
receiving state.
(c)
In supervising, treating or caring for a patient on after-care pursuant to the
terms of this article, a receiving state shall employ the same standards of
visitation, examination, care and treatment that it employs for similar local
patients.
ARTICLE V
Whenever
a dangerous or potentially dangerous patient escapes from an institution in any
party state, that state shall promptly notify all appropriate authorities
within and without the jurisdiction of the escape in a manner reasonably
calculated to facilitate the speedy apprehension of the escapee. Immediately
upon the apprehension and identification of any such dangerous or potentially
dangerous patient, the patient shall be detained in the state where found
pending disposition in accordance with law.
ARTICLE VI
The
duly accredited officers of any state party to this compact, upon the
establishment of their authority and the identity of the patient, shall be
permitted to transport any patient being moved pursuant to this compact through
any and all states party to this compact, without interference.
ARTICLE VII
(a)
No person shall be deemed a patient of more than one institution at any given
time. Completion of transfer of any patient to an institution in a receiving
state shall have the effect of making the person a patient of the institution
in the receiving state.
(b)
The sending state shall pay all costs of and incidental to the transportation
of any patient pursuant to this compact, but any two or more party states may,
by making a specific agreement for that purpose, arrange for a different
allocation of costs as among themselves.
(c)
No provision of this compact shall be construed to alter or affect any internal
relationships among the departments, agencies and officers of and in the
government of a party state, or between a party state and its subdivisions, as
to the payment of costs, or responsibilities therefor.
(d)
Nothing in this compact shall be construed to prevent any party state or
subdivision thereof from asserting any right against any person, agency or
other entity in regard to costs for which such party state or subdivision
thereof may be responsible pursuant to any provision of this compact.
(e)
Nothing in this compact shall be construed to invalidate any reciprocal
agreement between a party state and a nonparty state relating to
institutionalization, care or treatment of the mentally ill or mentally
deficient, or any statutory authority pursuant to which such agreements may be
made.
ARTICLE VIII
(a)
Nothing in this compact shall be construed to abridge, diminish, or in any way
impair the rights, duties and responsibilities of any patient’s guardian on the
guardian’s own behalf or in respect of any patient for whom the guardian may
serve, except that where the transfer of any patient to another jurisdiction
makes advisable the appointment of a supplemental or substitute guardian, any
court of competent jurisdiction in the receiving state may make such
supplemental or substitute appointment and the court which appointed the
previous guardian shall upon being duly advised of the new appointment, and
upon the satisfactory completion of such accounting and other acts as such
court may by law require, relieve the previous guardian of power and
responsibility to whatever extent shall be appropriate in the circumstances;
provided, however, that in the case of any patient having settlement in the sending
state, the court of competent jurisdiction in the sending state shall have the
sole discretion to relieve a guardian appointed by it or continue the power and
responsibility of the guardian, whichever it shall deem advisable. The court in
the receiving state may, in its discretion, confirm or reappoint the person or
persons previously serving as guardian in the sending state in lieu of making a
supplemental or substitute appointment.
(b)
The term “guardian” as used in paragraph (a) of this article shall include any
guardian, trustee, legal committee, conservator or other person or agency
however denominated who is charged by law with responsibility for the property
of a patient.
ARTICLE IX
(a)
No provision of this compact except Article V shall apply to any person
institutionalized while under sentence in a penal or correctional institution
or while subject to trial on a criminal charge, or whose institutionalization
is due to the commission of an offense for which, in the absence of mental
illness or mental deficiency, said person would be subject to incarceration in
a penal or correctional institution.
(b)
To every extent possible, it shall be the policy of states party to this
compact that no patient shall be placed or detained in any prison, jail or lockup,
but such patient shall, with all expedition, be taken to a suitable
institutional facility for mental illness or mental deficiency.
ARTICLE X
(a)
Each party state shall appoint a “compact administrator” who, on behalf of the
state of the compact administrator, shall act as general coordinator of
activities under the compact in the state of the compact administrator and who
shall receive copies of all reports, correspondence, and other documents
relating to any patient processed under the compact by the state of the compact
administrator either in the capacity of sending or receiving state. The compact
administrator or the duly designated representative of the compact
administrator shall be the official with whom other party states shall deal in
any matter relating to the compact or any patient processed thereunder.
(b)
The compact administrators of the respective party states shall have power to
promulgate reasonable rules and regulations to carry out more effectively the
terms and provisions of this compact.
ARTICLE XI
The
duly constituted administrative authorities of any two or more party states may
enter into supplementary agreements for the provision of any service or
facility or for the maintenance of any institution on a joint or cooperative basis
whenever the states concerned shall find that such agreements will improve
services, facilities, or institutional care and treatment in the fields of
mental illness or mental deficiency. No such supplementary agreement shall be
construed so as to relieve any party state of any obligation which it otherwise
would have under other provisions of this compact.
ARTICLE XII
This
compact shall enter into full force and effect as to any state when entered
into according to law and such state shall thereafter be a party thereto with
any and all states legally joining therein.
ARTICLE XIII
(a)
A state party to this compact may withdraw therefrom as provided by law and
such renunciation shall be by the same authority which executed it. Such
withdrawal shall take effect one year after notice thereof has been
communicated officially and in writing to the governors and compact
administrators of all other party states. However, the withdrawal of any state
shall not change the status of any patient who has been sent to said state or
sent out of said state pursuant to the provisions of the compact.
(b)
Withdrawal from any agreement permitted by Article VII (b) as to costs or from
any supplementary agreement made pursuant to Article XI shall be in accordance
with the terms of such agreement.
ARTICLE XIV
This
compact shall be liberally construed so as to effectuate the purposes thereof.
The provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be contrary to the
constitution of any party state or of the United States or the applicability
thereof to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any state party
thereto, the compact shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as to all
severable matters.
______________________________________________________________________________
[1957 c.388 §14; 2009 c.595 §455]
428.320 Compact administrator; rules;
supplementary agreements. (1) When the person who is the
subject of the compact is being transported to or from the Eastern Oregon
Training Center, the Department of Human Services shall carry out the duties of
compact administrator, may promulgate rules and regulations to carry out more
effectively the terms of the compact, and may enter into supplementary
agreements with appropriate officials of other states pursuant to Articles VII
and XI of the compact. The power of termination of the compact formerly vested
in the Board of Control under ORS 428.310 is vested in the department.
(2)
When the person who is the subject of the compact is being transported to or
from the Blue Mountain Recovery Center or the Oregon State Hospital, the Oregon
Health Authority shall carry out the duties of compact administrator, may
promulgate rules and regulations to carry out more effectively the terms of the
compact, and may enter into supplementary agreements with appropriate officials
of other states pursuant to Articles VII and XI of the compact. The power of
termination of the compact formerly vested in the Board of Control under ORS
428.310 is vested in the authority. [1957 c.388 §15; 1961 c.706 §28; 2009 c.595
§456]
428.330 Dealing with state not party to
compact. (1) The Department of Human Services or
the Oregon Health Authority may comply with the terms of the Interstate Compact
on Mental Health in dealing with a state which is not a party of the interstate
compact.
(2)
When the department or the authority acts under subsection (1) of this section,
the term “party state,” as used in the Interstate Compact on Mental Health,
includes states which are not parties of the interstate compact. [1975 c.155 §3;
2009 c.595 §457]
428.410 [1959
c.588 §1; 1965 c.339 §24; repealed by 1971 c.75 §2]
428.420 [1959
c.588 §2; 1965 c.339 §25; repealed by 1971 c.75 §2]
428.430 [1959
c.588 §3; repealed by 1971 c.75 §2]
428.440 [1959
c.588 §4; repealed by 1971 c.75 §2]
428.450 [1959
c.588 §5; repealed by 1971 c.75 §2]
428.460 [1959
c.588 §6; repealed by 1971 c.75 §2]
428.470 [1959
c.588 §7; repealed by 1971 c.75 §2]
428.480 [1959
c.588 §8; repealed by 1971 c.75 §2]
428.490 [1959
c.588 §12; 1963 c.395 §1; 1969 c.597 §95; repealed by 1971 c.75 §2]
428.500 [1959
c.588 §11; repealed by 1971 c.75 §2]
428.510 [1959
c.588 §16; repealed by 1971 c.75 §2]
428.520 [1959
c.588 §9; repealed by 1971 c.75 §2]
428.530 [1959
c.588 §10; repealed by 1971 c.75 §2]
428.540 [1959
c.588 §14; renumbered 427.012]
428.550 [1959
c.588 §26; repealed by 1971 c.75 §2]
CHAPTER 429
[Reserved for
expansion]
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