Bill Text: OR HB3526 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to individuals with developmental disabilities.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3526 Detail]

Download: Oregon-2011-HB3526-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2927

                         House Bill 3526

Sponsored by Representative GELSER

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Codifies Staley settlement agreement pertaining to provision of
developmental disability services to eligible adults. Defines
developmental disability services. Separates provisions
pertaining to developmental disability services from provisions
pertaining to services for persons with mental illness. Updates
terminology for persons with intellectual disabilities. Repeals
obsolete provisions regarding Eastern Oregon Training Center.

                        A BILL FOR AN ACT
Relating to individuals with developmental disabilities; creating
  new provisions; amending ORS 3.260, 21.010, 30.262, 40.460,
  44.547, 109.322, 113.085, 116.253, 125.005, 127.646, 132.090,
  138.694, 144.226, 162.135, 169.750, 179.010, 179.040, 179.050,
  179.055, 179.065, 179.105, 179.110, 179.140, 179.150, 179.210,
  179.230, 179.240, 179.321, 179.325, 179.331, 179.360, 179.370,
  179.375, 179.380, 179.385, 179.390, 179.405, 179.450, 179.460,
  179.473, 179.478, 179.479, 179.485, 179.490, 179.492, 179.505,
  179.610, 179.620, 179.701, 279A.050, 314.840, 316.099, 343.035,
  346.015, 346.035, 410.040, 410.060, 414.025, 416.350, 419B.504,
  419C.533, 420.500, 426.005, 426.330, 427.005, 427.007, 427.061,
  427.104, 427.215, 427.235, 427.245, 427.255, 427.265, 427.270,
  427.275, 427.280, 427.285, 427.290, 427.295, 427.300, 427.306,
  427.330, 427.335, 428.205, 428.210, 428.220, 428.230, 428.240,
  428.260, 428.270, 428.310, 428.320, 430.010, 430.021, 430.205,
  430.210, 430.212, 430.215, 430.216, 430.610, 430.630, 430.632,
  430.640, 430.670, 430.672, 430.695, 433.045, 433.285, 433.290,
  443.400, 443.830, 456.559, 480.225, 547.045, 653.269, 656.033,
  680.205, 688.132, 743A.190 and 807.700 and section 15, chapter
  736, Oregon Laws 2003, and section 5, chapter 826, Oregon Laws
  2009; and repealing ORS 427.010, 427.020, 427.031, 427.041,
  427.051, 427.105, 427.108, 427.112, 427.175, 427.180, 427.185,
  427.190, 427.195 and 427.205.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Department of Human Services shall be
responsible for planning, policy development, administration and
delivery of services to children with developmental disabilities
and their families and to adults with developmental disabilities
including, but not limited to:
  (a)(A) Information and referral;
  (B) Service coordination;
  (C) Technical assistance and consultation;
  (D) Twenty-four-hour residential services;
  (E) Crisis and diversion services; and
  (F) Other services prescribed by rule;
  (b) For children with developmental disabilities and their
families:
  (A) Family support services;
  (B) Intensive in-home services;
  (C) Long-term support services;
  (D) Long-term supports for children;
  (E) Proctor care; and
  (F) Foster care; and
  (c) For adults with developmental disabilities:
  (A) Support services for adults;
  (B) Comprehensive in-home services;
  (C) Community living and inclusion supports;
  (D) Supported living services;
  (E) Environmental accessibility adaptations;
  (F) Specialized supports;
  (G) Specialized medical equipment and supplies;
  (H) Adult foster care;
  (I) Employment services; and
  (J) Alternatives to employment.
  (2) Not later than 90 days after receipt of an application, the
department or its designee shall determine the eligibility of an
individual for developmental disability services.
  (3) Developmental disability services shall be provided in
accordance with an individualized written service plan. + }
  SECTION 2.  { + (1) Support services for adults authorized
under an individualized written service plan must be in place not
later than 90 days after the Department of Human Services
determines that the individual is eligible for developmental
disability services, unless the individual receives comprehensive
services.
  (2) The department shall ensure that each individual receiving
support services for adults has the opportunity to choose the
services, activities and purchases that will best meet the
individual's needs and preferences, including but not limited to:
  (a) Supported living services;
  (b) Employment services;
  (c) Environmental accessibility adaptations;
  (d) Specialized supports; and
  (e) Specialized medical equipment and supplies.
  (3) Support services for adults must complement the existing
formal and informal supports, services, activities and purchases
available to an adult living in the adult's own home or the home
of the adult's family. + }
  SECTION 3.  { + (1) The Department of Human Services shall
enter into contracts with support services brokerages to deliver
support services for adults in a manner that features regional
consolidation, administrative efficiency, cost-effectiveness and
strong consumer and family oversight.
  (2) The department shall provide to support services brokerages
training and technical assistance that focuses on:
  (a) Person-centered planning principles and self-determination;
  (b) Fiscal intermediary services; and
  (c) Recruitment of staff needed to carry out individualized
written service plans.
  (3) Individuals who receive support services for adults and
their family members shall have formal, significant, continuing
roles in advising the department and support services brokerages
regarding the design, implementation and quality assurance of the
delivery system for support services for adults. + }
  SECTION 4.  { + (1) As used in this section:
  (a) 'Chemical restraint' means the use of any drugs as
punishment or to modify behavior in place of a meaningful
behavior or treatment plan.
  (b) 'Mechanical restraint' means the use of any mechanical
device, material, object or equipment to restrict an individual's
movement or a normal function of the individual's body or to
limit access to an individual.
  (c) 'Person' means an individual who has a developmental
disability.
  (d) 'Services' means developmental disability services
described in section 1 of this 2011 Act.
  (2) Every person receiving services has the right to:
  (a) Exercise choice and self-determination in selecting
services and seeking a meaningful life with the benefits of
community involvement.
  (b) Choose from available services those that are appropriate,
consistent with the plan developed in accordance with paragraphs
(c) and (d) of this subsection and provided in a setting and
under conditions that are least restrictive to the person's
liberty, that are least intrusive to the person and that provide
for the greatest degree of independence, integration and
productivity for the person, taking into consideration the
person's preferences and age.
  (c) An individualized written service plan developed using a
person-centered planning approach, the receipt of services based
upon that plan and periodic review and reassessment of the plan.
  (d) Ongoing participation, in a manner appropriate to the
person's capabilities, in the planning of services including:
  (A) Participating in the development and periodic revision of
the individualized written service plan;
  (B) Being provided with a reasonable explanation of all service
considerations; and
  (C) Inviting others of the person's choosing to participate in
the development of the plan.
  (e) An opportunity to confirm satisfaction with the support
services for adults provided to the person and to make changes in
the services as necessary.
  (f) Consent to or refuse treatment, unless the person is
incapable of consenting or refusing consent, or, if the person is
a minor, have the parent or guardian consent to or refuse
treatment on behalf of the minor.
  (g) Not participate in experimental treatment without giving
informed voluntary written consent and having any other
appropriate safeguards.
  (h) Receive medication only for the person's particular
clinical needs.
  (i) Not have services terminated or altered without prior
notice and an opportunity to contest the change and notification
of available alternative resources or services.
  (j) A humane service environment that affords reasonable
protection from harm, reasonable privacy and, unless it would
create significant risk of harm to the person or others, daily
access to fresh air and the outdoors.
  (k) Be free from abuse and neglect and to report any incident
of abuse or neglect without being subjected to retaliation.
  (L) Participate regularly in the community and use community
resources.
  (m) Exercise religious freedom.
  (n) Not be required to perform labor, except personal
housekeeping duties, without reasonable and lawful compensation.
  (o) Visit with family members, friends, advocates and legal and
medical professionals and engage in private communication by
mail, electronic means and telephone.
  (p) Keep and use personal property and have a reasonable amount
of private, secured storage space.
  (q) Be free from unauthorized chemical restraints and
mechanical restraints except as prescribed by a physician as
medically necessary for use during a medical or surgical
procedure or for the protection of the individual's health.
  (r) Exercise all rights set forth in ORS 427.235 to 427.290 if
the person is committed to the Department of Human Services.
  (s) Be informed at the start of services and periodically
thereafter of the rights guaranteed by this section and the
procedures for reporting abuse and neglect, and to have these
rights and procedures, including the name, address and telephone
number of the system designated to protect and advocate for the
rights of individuals with disabilities, prominently posted in a
location readily accessible to the person and made available to
the person's guardian and any representative designated by the
person.
  (t) Assert grievances with respect to infringement of the
rights described in this section, including the right to have
such grievances considered in a fair, timely and impartial
manner.
  (u) Receive encouragement and assistance in exercising legal
rights, including the right to vote.
  (v) Have access to and communicate privately with any public or
private advocate or organization, including the system described
in paragraph (s) of this subsection.
  (w) To be informed and have the person's guardian and any
representative designated by the person be informed that a family
member has contacted the Department of Human Services inquiring
into the location of the person, and to be informed of the name
and contact information, if known, of the family member.
  (x) Exercise all rights described in this section without any
form of reprisal or punishment.
  (3) The rights described in this section are in addition to,
and do not limit, all other rights that are afforded all citizens
including, but not limited to, the right to vote, marry, have or
not have children, own and dispose of property, enter into
contracts and execute documents.
  (4) The rights described in this section may be asserted and
exercised by the person, the person's guardian and any
representative designated by the person.
  (5) Nothing in this section may be construed to alter any legal
rights and responsibilities between parents and their children.
  (6) The Department of Human Services shall adopt rules
concerning the rights of persons with developmental disabilities
that are consistent with the principles set forth in this
section. + }
  SECTION 5. ORS 427.005 is amended to read:
  427.005. As used in this chapter:
  (1) 'Adaptive behavior' means the effectiveness or degree
  { - with - }  { +  to + } which an individual meets the
standards of personal independence and social responsibility
expected for  { + the individual's + } age and cultural group.
   { +  (2) 'Adult' means an individual who is 18 years of age or
older.
  (3) 'Alternative to employment' means an activity occurring
away from an individual's residence that addresses the
individual's academic, recreational, social or therapeutic
needs. + }
    { - (2) - }  { +  (4) + } 'Care' means:
  (a) Supportive services { +  provided to an individual + },
including, but not limited to, provision of room and board;
  (b) Supervision { +  of an individual + };
  (c) Protection { +  of an individual + }; and
  (d) Assistance  { + to an individual + } in bathing, dressing,
grooming, eating, management of money, transportation or
recreation.
   { +  (5) 'Child with an intellectual disability or another
developmental disability' means an individual under 18 years of
age who has been found by the Department of Human Services to be
provisionally eligible for developmental disability services.

  (6) 'Choice' means the active role in decision-making by an
individual with respect to the selection of services, service
providers, goals and activities. 'Choice' may be communicated
verbally, through sign language or by other communication
methods. + }
    { - (3) - }  { +  (7) + } 'Community developmental
disabilities program director' means the director of an entity
that provides services described in   { - ORS 430.630 to persons
with mental retardation - }  { +  section 1 of this 2011 Act to
individuals with intellectual disabilities + } or other
developmental disabilities.
   { +  (8) 'Community living and inclusion supports' means
services that may or may not be work-related and are designed to
develop or maintain the individual's skills in the following
areas:
  (a) Bathing, dressing, grooming, eating, mobility and other
personal needs;
  (b) Self-awareness and self-control, social responsiveness,
social amenities, interpersonal skills, interpersonal
relationships and social connections;
  (c) Community participation, recreation and the ability to use
available community services, facilities or businesses;
  (d) Expressive and receptive skills in verbal and nonverbal
language, the functional application of acquired reading and
writing skills and other communication needs; and
  (e) Planning and preparing meals, budgeting, laundering,
housecleaning and other personal environmental needs.
  (9) 'Comprehensive in-home services' means a package of
services, other than support services for adults, that is
provided by or under the direction of a community developmental
disabilities program and that includes at least one of the
following living arrangements licensed or regulated by the
department:
  (a) Twenty-four-hour residential services.
  (b) Assistance provided to maintain an individual in the
individual's own home or the home of the individual's family and
that costs more than an amount specified by the department by
rule.
  (10) 'Crisis and diversion services' means services provided
for no more than 90 days that are directly related to resolving a
crisis.
  (11) 'Developmental disability' means intellectual disability,
autism, cerebral palsy, epilepsy or another neurological
condition diagnosed by a qualified professional that:
  (a) Originates before an individual is 22 years of age, or 18
years of age for an intellectual disability;
  (b) Directly affects the brain and is expected to continue
indefinitely;
  (c) Results in a significant impairment in adaptive behavior as
measured by a qualified professional; and
  (d) Is not attributed primarily to a mental or emotional
disorder, sensory impairment, substance abuse, personality
disorder, learning disability or attention deficit hyperactivity
disorder.
  (12) 'Developmental disability services' means services
provided under section 1 of this 2011 Act to an individual with a
developmental disability. + }
    { - (4) 'Developmental period' means the period of time
between birth and the 18th birthday. - }
    { - (5) - }  { +  (13) + } 'Director of the facility' means
the superintendent of a state training center, or the person in
charge of care, treatment and training programs at other
facilities.
   { +  (14) 'Employment services' means services provided to
develop or maintain the skills necessary for an individual to
obtain and retain employment, including job assessment, job
exploration, job development, job training, job coaching, work
skills and ongoing supports.
  (15) 'Environmental accessibility adaptations' means physical
modifications to an individual's home that are necessary to
ensure the health, welfare and safety of the individual in the
home or that enable the individual to function with greater
independence in the home. + }
    { - (6) - }  { +  (16) + } 'Facility' means a state training
center, community hospital, group home, activity center,
intermediate care facility, community mental health clinic, or
such other facility or program as the department   { - of Human
Services - }  approves to provide necessary services to
 { - persons with mental retardation - }  { +  individuals with
intellectual disabilities or other developmental
disabilities + }.
   { +  (17) 'Family support services' means the services
described in ORS 417.342 and 417.344 that are provided to a
family with a child with an intellectual disability or another
developmental disability. + }
    { - (7) - }  { +  (18) + } 'Incapacitated' means   { - a
person is - }  unable, without assistance, to properly manage or
take care of personal affairs or is incapable, without
assistance, of self-care.
    { - (8) - }  { +  (19) + } 'Independence' means the extent to
which
  { - persons with mental retardation or - }  { +  individuals
with intellectual disabilities or other + } developmental
disabilities exert control and choice over their own lives.
   { +  (20) 'Individualized written service plan' means a plan
described in section 4 (2)(a) to (c) of this 2011 Act that
identifies the resources, services and purchases necessary for an
individual with an intellectual disability or another
developmental disability to achieve identified personal goals and
maximize self-determination.
  (21) 'Information and referral' means a service provided to an
individual or family who requests information about or referrals
to community medical and social resources that may be available
to meet the individual's or family's needs. + }
    { - (9) - }  { +  (22) + } 'Integration' means:
  (a) Use by   { - persons with mental retardation or - }  { +
individuals with intellectual disabilities or other + }
developmental disabilities of the same community resources that
are used by and available to other   { - persons - }  { +
individuals + };
  (b) Participation by   { - persons with mental retardation
or - }  { + individuals with intellectual disabilities or
other + } developmental disabilities in the same community
activities in which   { - persons - }  { + individuals + }
without disabilities participate, together with regular contact
with   { - persons - }   { + individuals + } without
disabilities; and
  (c) Residence by   { - persons with - }   { + individuals with
intellectual disabilities or other + } developmental disabilities
in homes or in home-like settings that are in proximity to
community resources, together with regular contact with
 { - persons - }   { + individuals + } without disabilities in
their community.
   { +  (23) 'Intellectual disability' means significantly
subaverage general intellectual functioning existing concurrently
with deficits in adaptive behavior and manifesting before the
individual reaches 18 years of age. Individuals with borderline
intelligence are considered to have an intellectual disability if
there is also serious impairment of adaptive behavior.
Intellectual disability is synonymous with mental
retardation. + }

    { - (10) - }  { +  (24) + } 'Intellectual functioning' means
functioning as assessed by one or more of the individually
administered general intelligence tests developed for the
purpose.
    { - (11) 'Mental retardation' means significantly subaverage
general intellectual functioning existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period. Persons of borderline intelligence may be
considered to have mental retardation if there is also serious
impairment of adaptive behavior. Definitions and classifications
shall be consistent with the 'Manual on Terminology and
Classification in Mental Retardation' of the American Association
on Mental Deficiency. Mental retardation is synonymous with
mental deficiency. - }
   { +  (25) 'Intensive in-home services' means services that are
intended to maintain permanent and stable family relationships by
providing to eligible families flexible and efficient services
that support, but do not supplant, a family's natural supports
and services and provide the support necessary to enable the
family to meet the needs of caring for a child with intellectual
disabilities or other developmental disabilities.
  (26) 'Long-term support services' include individualized
planning and service coordination, arranging for services to be
provided in accordance with the individualized written service
plan and the purchase of support services not available through
other resources that are necessary for a child with a
developmental disability to live in the family home.
  (27) 'Long-term supports for children' means services and
payments provided to or on behalf of a child with an intellectual
disability or another disability who is eligible for crisis and
diversion services to:
  (a) Prevent an unwanted out-of-home placement of the child;
  (b) Maintain family unity; and
  (c) If practicable, reunite with the child's family a child who
has been placed out-of-home. + }
    { - (12) - }  { +  (28) + } 'Minor' means an unmarried
 { - person - }   { + individual + } under 18 years of age.
   { +  (29) 'Person-centered planning' means an informal or
formal process for gathering and organizing information that
helps an individual to:
  (a) Enhance self-determination by choosing personal goals and
lifestyle preferences;
  (b) Design strategies and networks of support to achieve
personal goals and a preferred lifestyle using individual
strengths, relationships and resources; and
  (c) Identify, use and strengthen naturally occurring
opportunities for support in the home and in the community. + }
    { - (13) - }  { +  (30) + } 'Physician' means a person
licensed by the Oregon Medical Board to practice medicine and
surgery.
   { +  (31) 'Proctor care' means a comprehensive residential
program certified by the department to provide intensive,
individually focused foster care, training and support to
individuals with developmental disabilities who are experiencing
emotional, medical or behavioral difficulties. + }
    { - (14) - }  { +  (32) + } 'Productivity' means
 { + regular + } engagement in  { +  competitive, integrated,
 + }income-producing work { +  with necessary support and
accommodations + } by   { - a person with mental retardation - }
 { +  an individual with an intellectual disability + } or
 { - a - }  { +  another + } developmental disability
 { - which - }  { +  and + } is measured through improvements in
income level, employment status or job advancement or engagement
by   { - a person with mental retardation or a developmental
disability - }   { + the individual  + }in work contributing to a
household or community.
    { - (15) - }  { +  (33) + } 'Resident' means   { - a
person - }   { + an individual + } admitted to a state training
center either voluntarily or after commitment to the department.
   { +  (34) 'Self-determination' means empowering individuals
to:
  (a) Select and plan, together with freely chosen family members
and friends, the support services for adults that are necessary,
instead of purchasing a predefined program or package of
services;
  (b) Control the expenditure of available financial assistance
in order to purchase support services for adults, with the help
of a social support network if needed;
  (c) Live an autonomous life in the community, rich in community
affiliations, through formal or informal arrangements of
resources and personnel; and
  (d) Have a valued role in the community through competitive
employment, organizational affiliations, personal development and
general caring for others in the community, and to be accountable
for spending public dollars in ways that are life-enhancing for
the individual.
  (35) 'Service coordination' means using a person-centered
planning approach in procuring, coordinating and monitoring
services under an individualized written service plan and acting
as an advocate for individuals with developmental disabilities to
assist such individuals to establish desired outcomes, determine
needs and identify resources. 'Service coordination' is performed
by a service coordinator.
  (36) 'Service coordinator' means an employee of a community
developmental disabilities program, a support services brokerage
or other entity that contracts with a county or the department to
provide service coordination. The terms 'case manager' and '
personal agent' as used by the department in administrative rules
are synonymous with 'service coordinator.' + }
    { - (16) - }  { +  (37) + } 'Significantly subaverage' means
a score on a test of intellectual functioning that is two or more
standard deviations below the mean for the test.
   { +  (38)(a) 'Specialized medical equipment and supplies'
means:
  (A) Devices, aids, controls, supplies or appliances that enable
individuals:
  (i) To increase their ability to perform activities of daily
living; or
  (ii) To perceive, control or communicate with the environment
in which they live;
  (B) Items necessary for life support, including ancillary
supplies and equipment necessary for the proper functioning of
these items; and
  (C) Medical equipment not provided through the medical
assistance program.
  (b) 'Specialized medical equipment and supplies' does not
include items that provide no direct medical or remedial benefit
to an individual.
  (39) 'Specialized supports' means treatment, training,
consultation or other unique services that are not provided
through the medical assistance program but are necessary to
achieve the goals identified in the individualized written
service plan. + }
    { - (17) - }  { +  (40) + } 'State training center' means
 { - Eastern Oregon Training Center and any other - }  { +  a + }
facility operated by the department for the care, treatment and
training of   { - persons with mental retardation - }  { +
individuals with developmental disabilities + }.
   { +  (41) 'Support services brokerage' means an entity that
contracts with the department to provide or to arrange for
support services for adults.

  (42) 'Support services for adults' means the services for
adults with developmental disabilities provided by a support
services brokerage under sections 2 and 3 of this 2011 Act.
  (43) 'Supported living services' means services that enable
individuals with developmental disabilities to live where they
want, with whom they want, for as long as they desire subject to
changes in needs and desires over time.
  (44) 'Technical assistance and consultation' means advice,
assistance and training provided to individuals with
developmental disabilities, their families and others by persons
with specific expertise. + }
    { - (18) - }  { +  (45) + } 'Training' means:
  (a) The systematic, planned maintenance, development or
enhancement of self-care, social or independent living skills; or
  (b) The planned sequence of systematic interactions,
activities, structured learning situations or education designed
to meet each resident's specified needs in the areas of physical,
emotional, intellectual and social growth.
    { - (19) - }  { +  (46) + } 'Treatment' means the provision
of specific physical, mental, social interventions and therapies
 { - which - }   { + that + } halt, control or reverse processes
that cause, aggravate or complicate malfunctions or dysfunctions.
   { +  (47) 'Twenty-four-hour residential services' means a
residential home or facility licensed by the department under ORS
443.410 to provide comprehensive residential care and training to
individuals with developmental disabilities. + }
  SECTION 6. ORS 427.007 is amended to read:
  427.007.   { - (1) - }  The Legislative Assembly finds and
declares that { + : + }   { - a significant number of persons
with mental retardation or other developmental disabilities
currently reside in state-operated hospitals and training centers
or lack needed services simply because appropriate
community-based services, including residential facilities, day
programs, home care and other support, care and training
programs, do not exist. The Legislative Assembly further finds
that families are the major providers of support, care, training
and other services to their members with mental retardation or
other developmental disabilities who live at home, and many of
these families experience exceptionally high financial outlays
and extraordinary physical and emotional challenges due to the
unavailability of appropriate family support services. Such
services pertain to the needs of the person with a disability,
the needs of other family members related to their care-giving
and nurturing capacity, and specialized needs for environmental
accommodation to reduce dependency of the family member with
mental retardation or another developmental disability.
Therefore, the Department of Human Services is directed to
facilitate the development of appropriate community-based
services, including family support, residential facilities, day
programs, home care and other necessary support, care and
training programs, in an orderly and systematic manner.  The role
of state-operated hospitals and training centers in Oregon shall
be as specialized back-up facilities to a primary system of
community-based services for persons with mental retardation or
other developmental disabilities. - }
    { - (2) In carrying out the directive in subsection (1) of
this section, the department shall develop a biennial plan in
conjunction with the budgeting process for review by each
Legislative Assembly. In developing this plan, the department
shall meet with and consider the input of representatives from
the following constituencies: Consumer organizations,
parent-family organizations, advocacy organizations, unions
representing workers in state-operated hospitals and training
centers, community provider organizations, state and local
education officials and community mental health departments or
programs. Such plans shall include, where appropriate: - }
    { - (a) Proposals for the decrease in the number of persons
with mental retardation or other developmental disabilities to be
served in state-operated hospitals and training centers at a
steady and planned rate until such time that the Legislative
Assembly shall determine that each person served in programs or
facilities operated or supported by the department is being
served according to the best contemporary professional practices
in the least restrictive environment, with preference given to
the community-based setting over the institutional. However, no
person shall be moved from any facility until a comprehensive
assessment of the person's medical, treatment, training and
support service needs has been completed, the move determined to
be in the person's best interest and appropriate service
alternatives procured. - }
    { - (b) Proposals for the orderly development of
community-based services, including family support, residential
facilities, day programs, home care and other necessary support,
care and training programs, to accommodate persons coming out of
state-operated hospitals and training centers and to serve
persons already in the community waiting for services. The
proposals shall include services developed for persons in the
community waiting for services that are at least equal in number
to those services developed for those coming out of
state-operated hospitals and training centers, and shall include
services for all persons who are leaving the public education
system, in order to further prevent unnecessary
institutionalization of persons with mental retardation or other
developmental disabilities. Funding for these services shall be
commensurate with individual need. These proposals may include
provisions for an array of both publicly and privately operated
services and shall include specific implementation plans
requiring that new services developed are designed to
significantly increase the independence, productivity and
integration into the community of persons with mental retardation
or developmental disabilities. - }
    { - (c) Proposals for the location of community-based
services for persons with mental retardation or other
developmental disabilities in proximity to family, friends,
supportive services and home communities whenever possible. - }
    { - (3) In further carrying out the directive in subsection
(1) of this section, the department shall develop monitoring and
evaluation systems which ensure competent management, program
quality and cost-effectiveness of community-based services. Such
systems shall include, where appropriate: - }
    { - (a) A comprehensive system of case management which
assures an orderly movement of persons with mental retardation or
other developmental disabilities from state-operated hospitals
and training centers to community-based services, and between
community-based service alternatives, and assures an effective
system of service delivery to persons with mental retardation or
other developmental disabilities living in the community, based
on individualized planning and close cooperation with consumers,
families and guardians. - }
    { - (b) An annual progress assessment of every person with
mental retardation or another developmental disability served in
programs or facilities operated or supported by the department.
This assessment shall measure the degree to which a family with a
member with mental retardation or another developmental
disability demonstrates enhanced care-giving and nurturing
capacities, and the degree to which the independence,
productivity and integration into the community of each person
with mental retardation or another developmental disability has
been increased as a result of receiving such services. The
overall results of these assessments shall annually be aggregated
and analyzed for each program or facility operated or supported

by the department, and shall be made available for public
inspection and review by the Legislative Assembly. - }
    { - (c) The development of specific standards for each
component within the array of services, for persons with mental
retardation or other developmental disabilities, either operated
or supported by the department and assure the competent
management, program quality and cost-effectiveness of such
services. - }
    { - (4) Subject to available funds, the department shall
ensure that each family with a member with mental retardation or
another developmental disability has access to family support
services, and that each person with mental retardation or a
developmental disability living in the community, including those
leaving the public education system, has access to
community-based services necessary to enable the person to strive
to achieve independence, productivity and integration. Specific
services proposed for the person shall be identified in an
individual habilitation plan or in a family support service
plan. - }
    { - (5) Subject to available funds, the department shall
determine the content of individual habilitation plans and family
support service plans, and the process whereby such plans are
developed and updated. - }
    { - (6) The department shall establish grievance procedures
for mediation of disputes concerning eligibility for or
appropriateness of services in individual cases. - }
   { +  (1) Individuals with developmental disabilities and
society as a whole benefit when such individuals exercise choice
and self-determination, living and working in the most integrated
community settings, with services that are designed and
implemented consistent with their choices of providers, goals and
activities. Individuals with developmental disabilities, together
with their families and advocates, must play a major role in the
planning, designing, funding, operation and monitoring of
community services. These services ultimately should be focused
on the outcomes of independence, integration and productivity.
  (2) Services for families with children with developmental
disabilities must be based upon the principles of choice and
self-determination, with families receiving the assistance they
need to maintain their children at home. If a child with a
developmental disability cannot remain safely at home even with
the services, the child should live in a family-like setting if
at all possible, with the ability to remain closely connected to
the child's family. + }
  SECTION 7. ORS 427.104 is amended to read:
  427.104.   { - The Department of Human Services with funds
appropriated for that purpose by the legislature, shall establish
and operate a Developmental Disability Diagnosis and Evaluation
Service for people with mental retardation or developmental
disabilities. The Developmental Disability Diagnosis and
Evaluation Service shall provide all or part of diagnostic
evaluations, as defined in ORS 427.105, when complete evaluations
are not available through community developmental disabilities
programs, and the Developmental Disability Diagnosis and
Evaluation Service shall: - }
    { - (1) Provide consultation and training to community
developmental disabilities programs in the development of local
diagnosis and evaluation services; - }
    { - (2) Develop and periodically revise department standards
and procedures for diagnosis and evaluation services; - }
    { - (3) Coordinate diagnostic evaluations statewide to
minimize duplication of tests and examinations; - }
    { - (4) Approve applications for admission to the training
center; - }
    { - (5) Provide necessary information to the State Training
Center Review Board when a decision of the Developmental
Disability Diagnosis and Evaluation Service regarding admission
to the state training center is appealed by the person, the
parents or legal guardian of the person; - }
    { - (6) Provide consultation to appropriate agencies and
individuals regarding persons evaluated; and - }
    { - (7) Process and coordinate all placements of residents
from the state training center. - }
   { +  (1) The Department of Human Services or a community
developmental disabilities program shall determine if an
individual is eligible for developmental disability services in
accordance with criteria, standards and procedures adopted by the
department by rule consistent with this chapter.
  (2) The department shall provide consultation and training to
community developmental disability programs in determining
eligibility. + }
  SECTION 8. ORS 430.630 is amended to read:
  430.630. (1) In addition to any other   { - requirements - }
 { +  services + } that may be   { - established - }  { +
prescribed + } by rule by the Oregon Health Authority, each
community mental health program   { - and community developmental
disabilities program - } , subject to the availability of funds,
shall provide the following basic services to persons with
 { - mental retardation, developmental disabilities, - }
alcoholism or drug dependence  { - , - }  and persons who are
alcohol or drug abusers:
  (a) Outpatient services;
  (b) Aftercare for persons released from hospitals and training
centers;
  (c) Training, case and program consultation and education for
community agencies, related professions and the public;
  (d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing   { - mental retardation, developmental
disabilities, - }  alcohol abuse, alcoholism, drug abuse and drug
dependence; and
  (e) Age-appropriate treatment options for older adults.
  (2) As alternatives to state hospitalization, it is the
responsibility of the community mental health   { - or community
developmental disabilities - }  program to ensure that, subject
to the availability of funds, the following services for persons
with
  { - mental retardation, developmental disabilities, - }
alcoholism or drug dependence, and persons who are alcohol or
drug abusers, are available when needed and approved by the
Oregon Health Authority:
  (a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
  (b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
preschool programs;
  (c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
  (d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
  (e) Inpatient treatment in community hospitals; and
  (f) Other alternative services to state hospitalization as
defined by the   { - Department of Human Services or the - }
Oregon Health Authority.
  (3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
  (a) Screening and evaluation to determine the client's service
needs;
  (b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
  (c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
  (d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
  (e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
  (f) Residential services;
  (g) Medication monitoring;
  (h) Individual, family and group counseling and therapy;
  (i) Public education and information;
  (j) Prevention of mental or emotional disturbances and
promotion of mental health;
  (k) Consultation with other community agencies;
  (L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
  (A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
  (B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
  (C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
  (m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
  (A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
  (B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
  (C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
  (4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
  (a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
  (b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
  (c) Payment is made for the first 60 consecutive days of
hospitalization.
  (d) The hospital has collected all available patient payments
and third-party reimbursements.
  (e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
    { - (5) Subject to the review and approval of the Department
of Human Services, a developmental disabilities program may
initiate additional services after the services defined in this
section are provided. - }
    { - (6) - }  { +  (5) + } Subject to the review and approval
of the Oregon Health Authority, a mental health program may
initiate additional services after the services defined in this
section are provided.
    { - (7) - }  { +  (6) + } Each community mental health
program   { - and community developmental disabilities
program - }  and the state hospital serving the program's
geographic area shall enter into a written agreement concerning
the policies and procedures to be followed by the program and the
hospital when a patient is admitted to, and discharged from, the
hospital and during the period of hospitalization.
    { - (8) - }  { +  (7) + } Each community mental health
program shall have a mental health advisory committee, appointed
by the board of county commissioners or the county court or, if
two or more counties have combined to provide mental health
services, the boards or courts of the participating counties or,
in the case of a Native American reservation, the tribal council.
    { - (9) - }  { +  (8) + } A community mental health program
may request and the authority may grant a waiver regarding
provision of one or more of the services described in subsection
(3) of this section upon a showing by the county and a
determination by the authority that persons with mental or
emotional disturbances in that county would be better served and
unnecessary institutionalization avoided.
    { - (10) - }  { +  (9) + } Each community mental health
program shall cooperate fully with the Alcohol and Drug Policy
Commission in the performance of its duties.
    { - (11)(a) - }  { +  (10)(a) + } As used in this subsection,
'local mental health authority' means one of the following
entities:
  (A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
  (B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
  (C) A regional local mental health authority comprised of two
or more boards of county commissioners.
  (b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
  (c) The local plan shall identify ways to:
  (A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
  (B) Maximize resources for consumers and minimize
administrative expenses;
  (C) Provide supported employment and other vocational
opportunities for consumers;
  (D) Determine the most appropriate service provider among a
range of qualified providers;
  (E) Ensure that appropriate mental health referrals are made;
  (F) Address local housing needs for persons with mental health
disorders;
  (G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
  (H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
  (I) Provide transportation supports; and
  (J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
  (d) When developing a local plan, a local mental health
authority shall:
  (A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
  (B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
  (C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
  (D) Conduct a population based needs assessment to determine
the types of services needed locally;
  (E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
  (F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
  (G) Ensure that the local plan coordinates planning, funding
and services with:
  (i) The educational needs of children, adults and older adults;
  (ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
  (iii) Providers of physical health and medical services;
  (H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
  (I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
  (J) Involve the local mental health advisory committees
described in subsection   { - (8) - }   { + (7) + } of this
section.
  (e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
  (A) Twenty-four-hour crisis services;
  (B) Secure and nonsecure extended psychiatric care;
  (C) Secure and nonsecure acute psychiatric care;
  (D) Twenty-four-hour supervised structured treatment;
  (E) Psychiatric day treatment;
  (F) Treatments that maximize client independence;
  (G) Family and peer support and self-help services;
  (H) Support services;
  (I) Prevention and early intervention services;
  (J) Transition assistance between levels of care;
  (K) Dual diagnosis services;
  (L) Access to placement in state-funded psychiatric hospital
beds;
  (M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
  (N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
  (f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
  (A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
  (B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
  (C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
  (D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
  (E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
  (g) Services described in the local plan shall:
  (A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
  (B) Be provided to children, older adults and families as close
to their homes as possible;
  (C) Be culturally appropriate and competent;
  (D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
  (E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
  (F) Ensure consumer choice among a range of qualified providers
in the community;
  (G) Be distributed geographically;
  (H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
  (I) Maximize early identification and early intervention;
  (J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
  (K) Be based on the ability of a client to pay;
  (L) Be delivered collaboratively;
  (M) Use age-appropriate, research-based quality indicators;
  (N) Use best-practice innovations; and
  (O) Be delivered using a community-based, multisystem approach.
  (h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and biennial revisions
adopted under paragraph (b) of this subsection at time intervals
established by the authority.

  (i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775.
   { +  (11) In addition to any other services that may be
prescribed by the Department of Human Services by rule, each
community developmental disabilities program, subject to the
availability of funds, shall provide the following basic services
to persons with developmental disabilities:
  (a) Eligibility determinations for developmental disability
services;
  (b) Ensuring access to developmental disability services in
homes, work sites or other locations that promote independence,
productivity and integration into the community;
  (c) Providing or arranging for the provision of case management
services;
  (d) Providing or arranging for the provision of abuse
investigation and protective services;
  (e) Planning and coordinating the program's activities with
other agencies or organizations to promote the effective and
efficient delivery of services and use of resources;
  (f) Establishing and implementing services to respond to
complaints and grievances; and
  (g) Monitoring the quality of services.
  (12) Subject to review and approval by the department, a
community developmental disabilities program may offer services
in addition to the services described in subsection (11) of this
section.
  (13) Each community developmental disabilities program shall
have a:
  (a) Written management plan that governs its operating
structure, goals and activities; and
  (b) Developmental disabilities advisory committee. + }
  SECTION 9. ORS 430.630, as amended by section 23, chapter 856,
Oregon Laws 2009, is amended to read:
  430.630. (1) In addition to any other   { - requirements - }
 { +  services + } that may be   { - established - }  { +
prescribed + } by rule by the Oregon Health Authority, each
community mental health program   { - and community developmental
disabilities program - } , subject to the availability of funds,
shall provide the following basic services to persons with
 { - mental retardation, developmental disabilities, - }
alcoholism or drug dependence  { - , - }  and persons who are
alcohol or drug abusers:
  (a) Outpatient services;
  (b) Aftercare for persons released from hospitals and training
centers;
  (c) Training, case and program consultation and education for
community agencies, related professions and the public;
  (d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing   { - mental retardation, developmental
disabilities, - }  alcohol abuse, alcoholism, drug abuse and drug
dependence; and
  (e) Age-appropriate treatment options for older adults.
  (2) As alternatives to state hospitalization, it is the
responsibility of the community mental health   { - or community
developmental disabilities - }  program to ensure that, subject
to the availability of funds, the following services for persons
with
  { - mental retardation, developmental disabilities, - }
alcoholism or drug dependence, and persons who are alcohol or
drug abusers, are available when needed and approved by the
Oregon Health Authority:

  (a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
  (b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
preschool programs;
  (c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
  (d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
  (e) Inpatient treatment in community hospitals; and
  (f) Other alternative services to state hospitalization as
defined by the   { - Department of Human Services or the - }
Oregon Health Authority.
  (3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
  (a) Screening and evaluation to determine the client's service
needs;
  (b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
  (c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
  (d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
  (e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
  (f) Residential services;
  (g) Medication monitoring;
  (h) Individual, family and group counseling and therapy;
  (i) Public education and information;
  (j) Prevention of mental or emotional disturbances and
promotion of mental health;
  (k) Consultation with other community agencies;
  (L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
  (A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
  (B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
  (C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
  (m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and

behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
  (A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
  (B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
  (C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
  (4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
  (a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
  (b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
  (c) Payment is made for the first 60 consecutive days of
hospitalization.
  (d) The hospital has collected all available patient payments
and third-party reimbursements.
  (e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
    { - (5) Subject to the review and approval of the Department
of Human Services, a developmental disabilities program may
initiate additional services after the services defined in this
section are provided. - }
    { - (6) - }  { +  (5) + } Subject to the review and approval
of the Oregon Health Authority, a mental health program may
initiate additional services after the services defined in this
section are provided.
    { - (7) - }  { +  (6) + } Each community mental health
program   { - and community developmental disabilities
program - }  and the state hospital serving the program's
geographic area shall enter into a written agreement concerning
the policies and procedures to be followed by the program and the
hospital when a patient is admitted to, and discharged from, the
hospital and during the period of hospitalization.
    { - (8) - }  { +  (7) + } Each community mental health
program shall have a mental health advisory committee, appointed
by the board of county commissioners or the county court or, if
two or more counties have combined to provide mental health
services, the boards or courts of the participating counties or,
in the case of a Native American reservation, the tribal council.
    { - (9) - }  { +  (8) + } A community mental health program
may request and the authority may grant a waiver regarding
provision of one or more of the services described in subsection
(3) of this section upon a showing by the county and a
determination by the authority that persons with mental or
emotional disturbances in that county would be better served and
unnecessary institutionalization avoided.
    { - (10)(a) - }  { +  (9)(a) + } As used in this subsection,
'local mental health authority' means one of the following
entities:
  (A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
  (B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
  (C) A regional local mental health authority comprised of two
or more boards of county commissioners.
  (b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
  (c) The local plan shall identify ways to:
  (A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
  (B) Maximize resources for consumers and minimize
administrative expenses;
  (C) Provide supported employment and other vocational
opportunities for consumers;
  (D) Determine the most appropriate service provider among a
range of qualified providers;
  (E) Ensure that appropriate mental health referrals are made;
  (F) Address local housing needs for persons with mental health
disorders;
  (G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
  (H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
  (I) Provide transportation supports; and
  (J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
  (d) When developing a local plan, a local mental health
authority shall:
  (A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
  (B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
  (C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
  (D) Conduct a population based needs assessment to determine
the types of services needed locally;
  (E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
  (F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
  (G) Ensure that the local plan coordinates planning, funding
and services with:
  (i) The educational needs of children, adults and older adults;
  (ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
  (iii) Providers of physical health and medical services;
  (H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
  (I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
  (J) Involve the local mental health advisory committees
described in subsection   { - (8) - }   { + (7) + } of this
section.
  (e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
  (A) Twenty-four-hour crisis services;
  (B) Secure and nonsecure extended psychiatric care;
  (C) Secure and nonsecure acute psychiatric care;
  (D) Twenty-four-hour supervised structured treatment;
  (E) Psychiatric day treatment;
  (F) Treatments that maximize client independence;
  (G) Family and peer support and self-help services;
  (H) Support services;
  (I) Prevention and early intervention services;
  (J) Transition assistance between levels of care;
  (K) Dual diagnosis services;
  (L) Access to placement in state-funded psychiatric hospital
beds;
  (M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
  (N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
  (f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
  (A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
  (B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
  (C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
  (D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
  (E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
  (g) Services described in the local plan shall:
  (A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
  (B) Be provided to children, older adults and families as close
to their homes as possible;
  (C) Be culturally appropriate and competent;
  (D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
  (E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
  (F) Ensure consumer choice among a range of qualified providers
in the community;
  (G) Be distributed geographically;
  (H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
  (I) Maximize early identification and early intervention;
  (J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
  (K) Be based on the ability of a client to pay;
  (L) Be delivered collaboratively;
  (M) Use age-appropriate, research-based quality indicators;
  (N) Use best-practice innovations; and
  (O) Be delivered using a community-based, multisystem approach.
  (h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and biennial revisions
adopted under paragraph (b) of this subsection at time intervals
established by the authority.
  (i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775.
   { +  (10) In addition to any other services that may be
prescribed by the Department of Human Services by rule, each
community developmental disabilities program, subject to the
availability of funds, shall provide the following basic services
to persons with developmental disabilities:
  (a) Eligibility determinations for developmental disability
services;
  (b) Ensuring access to developmental disability services in
homes, work sites or other locations that promote independence,
productivity and integration into the community;
  (c) Providing or arranging for the provision of case management
services;
  (d) Providing or arranging for the provision of abuse
investigation and protective services;
  (e) Planning and coordinating the program's activities with
other agencies or organizations to promote the effective and
efficient delivery of services and use of resources;
  (f) Establishing and implementing services to respond to
complaints and grievances; and
  (g) Monitoring the quality of services.
  (11) Subject to review and approval by the department, a
community developmental disabilities program may offer services
in addition to the services described in subsection (10) of this
section.
  (12) Each community developmental disabilities program shall
have a:
  (a) Written management plan that governs its operating
structure, goals and activities; and
  (b) Developmental disabilities advisory committee. + }
  SECTION 10. ORS 3.260 is amended to read:
  3.260. (1) The circuit courts and the judges thereof shall
exercise all juvenile court jurisdiction, authority, powers,
functions and duties.
  (2) Pursuant to ORS 3.275, in addition to any other
jurisdiction vested in it by law, the circuit court shall
exercise exclusive and original judicial jurisdiction, authority,
powers, functions, and duties in the judicial district in any or
all of the following matters that on the date specified in the
order entered under ORS 3.275 are not within the jurisdiction of
the circuit court:
  (a) Adoption.
  (b) Change of name under ORS 33.410.
  (c) Filiation.

  (d) Commitment of persons with mental illness or   { - mental
retardation - }   { + intellectual disabilities + }.
  (e) Any suit or civil proceeding involving custody or other
disposition of a child or the support thereof or the support of a
spouse, including enforcement of the Uniform Reciprocal
Enforcement of Support Act and enforcement of out-of-state or
foreign judgments and decrees on domestic relations.
  (f) Waivers of the three-day waiting period before a marriage
license becomes effective under ORS 106.077.
  (g) Issuance of delayed birth certificate.
  SECTION 11. ORS 21.010 is amended to read:
  21.010. (1) Except as provided in this section, the appellant
in an appeal or the petitioner in a judicial review in the
Supreme Court or the Court of Appeals shall pay a filing fee of
$154 in the manner prescribed by ORS 19.265. The respondent in
such case and any other person appearing in the appeal, upon
entering first appearance or filing first brief in the court,
shall pay to the State Court Administrator the sum of $154. The
party entitled to costs and disbursements on such appeal shall
recover from the opponent the amount so paid.
  (2) Except as provided in this section, the appellant in an
appeal or the petitioner in a judicial review in the Supreme
Court or the Court of Appeals shall pay $154 for each additional
person named as an appellant or petitioner. The respondent in
such case, and any other person appearing in the appeal, shall
pay $154 to the State Court Administrator for each additional
person named as a respondent. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid.  The Chief Justice by order may provide for
exemptions from the fees established by this subsection if
exemptions are needed for the equitable imposition of those fees.
  (3) Filing and appearance fees may not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of persons determined to
be mentally ill under ORS 426.135 or persons determined to
 { - be mentally retarded - }  { +  have an intellectual
disability + } under ORS 427.295, or on judicial review of orders
of the Psychiatric Security Review Board under ORS 161.385 (9) or
orders of the State Board of Parole and Post-Prison Supervision.
  (4) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
  (5) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
  SECTION 12. ORS 21.010, as amended by section 30, chapter 659,
Oregon Laws 2009, and section 37f, chapter 885, Oregon Laws 2009,
is amended to read:
  21.010. (1) Except as provided in this section, the appellant
in an appeal or the petitioner in a judicial review in the
Supreme Court or the Court of Appeals shall pay a filing fee of
$154 in the manner prescribed by ORS 19.265. The respondent in
such case and any other person appearing in the appeal, upon
entering first appearance or filing first brief in the court,
shall pay to the State Court Administrator the sum of $154. The
party entitled to costs and disbursements on such appeal shall
recover from the opponent the amount so paid.
  (2) Filing and appearance fees may not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of persons determined to
be mentally ill under ORS 426.135 or persons determined to
 { - be mentally retarded - }  { +  have an intellectual
disability + } under ORS 427.295, or on judicial review of orders
of the Psychiatric Security Review Board under ORS 161.385 (9) or
orders of the State Board of Parole and Post-Prison Supervision.
  (3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
  (4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
  SECTION 13. ORS 30.262 is amended to read:
  30.262. (1) The following facilities and training homes are
public bodies for the purposes of ORS 30.260 to 30.300:
  (a) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives more
than 50 percent of its funding from the state or a political
subdivision of the state for the purpose of providing residential
or vocational services to individuals with   { - mental
retardation or - }  { +  intellectual disabilities or other + }
developmental disabilities.
  (b) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives less
than 50 percent of its funding from the state or a political
subdivision of the state but that provides residential or
vocational services to individuals with   { - mental retardation
or - }  { +  intellectual disabilities or other + } developmental
disabilities, more than half of whom are eligible for funding for
services by the Department of Human Services under criteria
established by the department.
  (2) The provisions of this section apply only to a nonprofit
residential training facility, nonprofit residential training
home or nonprofit facility that provides services to individuals
with
  { - mental retardation or - }  { +  intellectual disabilities
or other + } developmental disabilities under a contract with:
  (a) The Department of Human Services; or
  (b) A community   { - mental health and - }  developmental
disabilities program established pursuant to ORS 430.620.
  SECTION 14. ORS 40.460 is amended to read:
  40.460. The following are not excluded by ORS 40.455, even
though the declarant is available as a witness:
  (1) (Reserved.)
  (2) A statement relating to a startling event or condition made
while the declarant was under the stress of excitement caused by
the event or condition.
  (3) A statement of the declarant's then existing state of mind,
emotion, sensation or physical condition, such as intent, plan,
motive, design, mental feeling, pain or bodily health, but not
including a statement of memory or belief to prove the fact
remembered or believed unless it relates to the execution,
revocation, identification, or terms of the declarant's will.
  (4) Statements made for purposes of medical diagnosis or
treatment and describing medical history, or past or present
symptoms, pain or sensations, or the inception or general
character of the cause or external source thereof insofar as
reasonably pertinent to diagnosis or treatment.
  (5) A memorandum or record concerning a matter about which a
witness once had knowledge but now has insufficient recollection
to enable the witness to testify fully and accurately, shown to
have been made or adopted by the witness when the matter was
fresh in the memory of the witness and to reflect that knowledge
correctly. If admitted, the memorandum or record may be read into
evidence but may not itself be received as an exhibit unless
offered by an adverse party.
  (6) A memorandum, report, record, or data compilation, in any
form, of acts, events, conditions, opinions, or diagnoses, made
at or near the time by, or from information transmitted by, a
person with knowledge, if kept in the course of a regularly
conducted business activity, and if it was the regular practice
of that business activity to make the memorandum, report, record,
or data compilation, all as shown by the testimony of the
custodian or other qualified witness, unless the source of
information or the method of circumstances of preparation
indicate lack of trustworthiness. The term 'business' as used in
this subsection includes business, institution, association,
profession, occupation, and calling of every kind, whether or not
conducted for profit.
  (7) Evidence that a matter is not included in the memoranda,
reports, records, or data compilations, and in any form, kept in
accordance with the provisions of subsection (6) of this section,
to prove the nonoccurrence or nonexistence of the matter, if the
matter was of a kind of which a memorandum, report, record, or
data compilation was regularly made and preserved, unless the
sources of information or other circumstances indicate lack of
trustworthiness.
  (8) Records, reports, statements or data compilations, in any
form, of public offices or agencies, including federally
recognized American Indian tribal governments, setting forth:
  (a) The activities of the office or agency;
  (b) Matters observed pursuant to duty imposed by law as to
which matters there was a duty to report, excluding, in criminal
cases, matters observed by police officers and other law
enforcement personnel; or
  (c) In civil actions and proceedings and against the government
in criminal cases, factual findings, resulting from an
investigation made pursuant to authority granted by law, unless
the sources of information or other circumstances indicate lack
of trustworthiness.
  (9) Records or data compilations, in any form, of births, fetal
deaths, deaths or marriages, if the report thereof was made to a
public office, including a federally recognized American Indian
tribal government, pursuant to requirements of law.
  (10) To prove the absence of a record, report, statement or
data compilation, in any form, or the nonoccurrence or
nonexistence of a matter of which a record, report, statement or
data compilation, in any form, was regularly made and preserved
by a public office or agency, including a federally recognized
American Indian tribal government, evidence in the form of a
certification in accordance with ORS 40.510, or testimony, that
diligent search failed to disclose the record, report, statement
or data compilation, or entry.
  (11) Statements of births, marriages, divorces, deaths,
legitimacy, ancestry, relationship by blood or marriage, or other
similar facts of personal or family history, contained in a
regularly kept record of a religious organization.
  (12) A statement of fact contained in a certificate that the
maker performed a marriage or other ceremony or administered a
sacrament, made by a member of the clergy, a public official, an
official of a federally recognized American Indian tribal
government or any other person authorized by the rules or
practices of a religious organization or by law to perform the
act certified, and purporting to have been issued at the time of
the act or within a reasonable time thereafter.
  (13) Statements of facts concerning personal or family history
contained in family bibles, genealogies, charts, engravings on
rings, inscriptions on family portraits, engravings on urns,
crypts, or tombstones, or the like.
  (14) The record of a document purporting to establish or affect
an interest in property, as proof of content of the original
recorded document and its execution and delivery by each person
by whom it purports to have been executed, if the record is a
record of a public office, including a federally recognized
American Indian tribal government, and an applicable statute
authorizes the recording of documents of that kind in that
office.
  (15) A statement contained in a document purporting to
establish or affect an interest in property if the matter stated
was relevant to the purpose of the document, unless dealings with
the property since the document was made have been inconsistent
with the truth of the statement or the purport of the document.
  (16) Statements in a document in existence 20 years or more the
authenticity of which is established.
  (17) Market quotations, tabulations, lists, directories, or
other published compilations, generally used and relied upon by
the public or by persons in particular occupations.
  (18) (Reserved.)
  (18a)(a) A complaint of sexual misconduct, complaint of abuse
as defined in ORS 107.705 or 419B.005, complaint of abuse of an
elderly person, as those terms are defined in ORS 124.050, or a
complaint relating to a violation of ORS 163.205 or 164.015 in
which a person 65 years of age or older is the victim, made by
the witness after the commission of the alleged misconduct or
abuse at issue. Except as provided in paragraph (b) of this
subsection, such evidence must be confined to the fact that the
complaint was made.
  (b) A statement made by a person concerning an act of abuse as
defined in ORS 107.705 or 419B.005, a statement made by a person
concerning an act of abuse of an elderly person, as those terms
are defined in ORS 124.050, or a statement made by a person
concerning a violation of ORS 163.205 or 164.015 in which a
person 65 years of age or older is the victim, is not excluded by
ORS 40.455 if the declarant either testifies at the proceeding
and is subject to cross-examination, or is unavailable as a
witness but was chronologically or mentally under 12 years of age
when the statement was made or was 65 years of age or older when
the statement was made. However, if a declarant is unavailable,
the statement may be admitted in evidence only if the proponent
establishes that the time, content and circumstances of the
statement provide indicia of reliability, and in a criminal trial
that there is corroborative evidence of the act of abuse and of
the alleged perpetrator's opportunity to participate in the
conduct and that the statement possesses indicia of reliability
as is constitutionally required to be admitted. No statement may
be admitted under this paragraph unless the proponent of the
statement makes known to the adverse party the proponent's
intention to offer the statement and the particulars of the
statement no later than 15 days before trial, except for good
cause shown. For purposes of this paragraph, in addition to those
situations described in ORS 40.465 (1), the declarant shall be
considered 'unavailable' if the declarant has a substantial lack
of memory of the subject matter of the statement, is presently
incompetent to testify, is unable to communicate about the abuse
or sexual conduct because of fear or other similar reason or is
substantially likely, as established by expert testimony, to
suffer lasting severe emotional trauma from testifying. Unless
otherwise agreed by the parties, the court shall examine the
declarant in chambers and on the record or outside the presence
of the jury and on the record. The examination shall be conducted
immediately prior to the commencement of the trial in the
presence of the attorney and the legal guardian or other suitable
person as designated by the court. If the declarant is found to
be unavailable, the court shall then determine the admissibility
of the evidence. The determinations shall be appealable under ORS
138.060 (1)(c) or (2)(a). The purpose of the examination shall be
to aid the court in making its findings regarding the
availability of the declarant as a witness and the reliability of
the statement of the declarant. In determining whether a
statement possesses indicia of reliability under this paragraph,
the court may consider, but is not limited to, the following
factors:
  (A) The personal knowledge of the declarant of the event;
  (B) The age and maturity of the declarant or extent of
disability if the declarant is a person with a developmental
disability;
  (C) Certainty that the statement was made, including the
credibility of the person testifying about the statement and any
motive the person may have to falsify or distort the statement;
  (D) Any apparent motive the declarant may have to falsify or
distort the event, including bias, corruption or coercion;
  (E) The timing of the statement of the declarant;
  (F) Whether more than one person heard the statement;
  (G) Whether the declarant was suffering pain or distress when
making the statement;
  (H) Whether the declarant's young age or disability makes it
unlikely that the declarant fabricated a statement that
represents a graphic, detailed account beyond the knowledge and
experience of the declarant;
  (I) Whether the statement has internal consistency or coherence
and uses terminology appropriate to the declarant's age or to the
extent of the declarant's disability if the declarant is a person
with a developmental disability;
  (J) Whether the statement is spontaneous or directly responsive
to questions; and
  (K) Whether the statement was elicited by leading questions.
  (c) This subsection applies to all civil, criminal and juvenile
proceedings.
  (d) This subsection applies to a child declarant, a declarant
who is an elderly person as defined in ORS 124.050 or an adult
declarant with a developmental disability. For the purposes of
this subsection, 'developmental disability' means any disability
attributable to   { - mental retardation - }  { +  an
intellectual disability + }, autism, cerebral palsy, epilepsy or
other disabling neurological condition that requires training or
support similar to that required by persons with   { - mental
retardation - }  { +  intellectual disabilities + }, if either of
the following apply:
  (A) The disability originates before the person attains 22
years of age, or if the disability is attributable to
 { - mental retardation - }   { + an intellectual disability + }
the condition is manifested before the person attains 18 years of
age, the disability can be expected to continue indefinitely, and
the disability constitutes a substantial handicap to the ability
of the person to function in society.
  (B) The disability results in a significant subaverage general
intellectual functioning with concurrent deficits in adaptive
behavior that are manifested during the developmental period.
  (19) Reputation among members of a person's family by blood,
adoption or marriage, or among a person's associates, or in the
community, concerning a person's birth, adoption, marriage,
divorce, death, legitimacy, relationship by blood or adoption or
marriage, ancestry, or other similar fact of a person's personal
or family history.
  (20) Reputation in a community, arising before the controversy,
as to boundaries of or customs affecting lands in the community,
and reputation as to events of general history important to the
community or state or nation in which located.

  (21) Reputation of a person's character among associates of the
person or in the community.
  (22) Evidence of a final judgment, entered after a trial or
upon a plea of guilty, but not upon a plea of no contest,
adjudging a person guilty of a crime other than a traffic
offense, to prove any fact essential to sustain the judgment, but
not including, when offered by the government in a criminal
prosecution for purposes other than impeachment, judgments
against persons other than the accused. The pendency of an appeal
may be shown but does not affect admissibility.
  (23) Judgments as proof of matters of personal, family or
general history, or boundaries, essential to the judgment, if the
same would be provable by evidence of reputation.
  (24) Notwithstanding the limits contained in subsection (18a)
of this section, in any proceeding in which a child under 12
years of age at the time of trial, or a person with a
developmental disability as described in subsection (18a)(d) of
this section, may be called as a witness to testify concerning an
act of abuse, as defined in ORS 419B.005, or sexual conduct
performed with or on the child or person with a developmental
disability by another, the testimony of the child or person with
a developmental disability taken by contemporaneous examination
and cross-examination in another place under the supervision of
the trial judge and communicated to the courtroom by
closed-circuit television or other audiovisual means. Testimony
will be allowed as provided in this subsection only if the court
finds that there is a substantial likelihood, established by
expert testimony, that the child or person with a developmental
disability will suffer severe emotional or psychological harm if
required to testify in open court. If the court makes such a
finding, the court, on motion of a party, the child, the person
with a developmental disability or the court in a civil
proceeding, or on motion of the district attorney, the child or
the person with a developmental disability in a criminal or
juvenile proceeding, may order that the testimony of the child or
the person with a developmental disability be taken as described
in this subsection. Only the judge, the attorneys for the
parties, the parties, individuals necessary to operate the
equipment and any individual the court finds would contribute to
the welfare and well-being of the child or person with a
developmental disability may be present during the testimony of
the child or person with a developmental disability.
  (25)(a) Any document containing data prepared or recorded by
the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E),
or pursuant to ORS 475.235 (4), if the document is produced by
data retrieval from the Law Enforcement Data System or other
computer system maintained and operated by the Oregon State
Police, and the person retrieving the data attests that the
information was retrieved directly from the system and that the
document accurately reflects the data retrieved.
  (b) Any document containing data prepared or recorded by the
Oregon State Police that is produced by data retrieval from the
Law Enforcement Data System or other computer system maintained
and operated by the Oregon State Police and that is
electronically transmitted through public or private computer
networks under an electronic signature adopted by the Oregon
State Police if the person receiving the data attests that the
document accurately reflects the data received.
  (c) Notwithstanding any statute or rule to the contrary, in any
criminal case in which documents are introduced under the
provisions of this subsection, the defendant may subpoena the
analyst, as defined in ORS 475.235 (6), or other person that
generated or keeps the original document for the purpose of
testifying at the preliminary hearing and trial of the issue.
Except as provided in ORS 44.550 to 44.566, no charge shall be

made to the defendant for the appearance of the analyst or other
person.
  (26)(a) A statement that purports to narrate, describe, report
or explain an incident of domestic violence, as defined in ORS
135.230, made by a victim of the domestic violence within 24
hours after the incident occurred, if the statement:
  (A) Was recorded, either electronically or in writing, or was
made to a peace officer as defined in ORS 161.015, corrections
officer, youth correction officer, parole and probation officer,
emergency medical technician or firefighter; and
  (B) Has sufficient indicia of reliability.
  (b) In determining whether a statement has sufficient indicia
of reliability under paragraph (a) of this subsection, the court
shall consider all circumstances surrounding the statement. The
court may consider, but is not limited to, the following factors
in determining whether a statement has sufficient indicia of
reliability:
  (A) The personal knowledge of the declarant.
  (B) Whether the statement is corroborated by evidence other
than statements that are subject to admission only pursuant to
this subsection.
  (C) The timing of the statement.
  (D) Whether the statement was elicited by leading questions.
  (E) Subsequent statements made by the declarant. Recantation by
a declarant is not sufficient reason for denying admission of a
statement under this subsection in the absence of other factors
indicating unreliability.
  (27) A report prepared by a forensic scientist that contains
the results of a presumptive test conducted by the forensic
scientist as described in ORS 475.235, if the forensic scientist
attests that the report accurately reflects the results of the
presumptive test.
  (28)(a) A statement not specifically covered by any of the
foregoing exceptions but having equivalent circumstantial
guarantees of trustworthiness, if the court determines that:
  (A) The statement is relevant;
  (B) The statement is more probative on the point for which it
is offered than any other evidence that the proponent can procure
through reasonable efforts; and
  (C) The general purposes of the Oregon Evidence Code and the
interests of justice will best be served by admission of the
statement into evidence.
  (b) A statement may not be admitted under this subsection
unless the proponent of it makes known to the adverse party the
intention to offer the statement and the particulars of it,
including the name and address of the declarant, sufficiently in
advance of the trial or hearing, or as soon as practicable after
it becomes apparent that such statement is probative of the
issues at hand, to provide the adverse party with a fair
opportunity to prepare to meet it.
  SECTION 15. ORS 44.547 is amended to read:
  44.547. (1) In any case in which a child under 12 years of age
or a person with a developmental disability described in
subsection (2) of this section is called to give testimony, the
attorney or party who plans to call the witness must notify the
court at least seven days before the trial or proceeding of any
special accommodations needed by the witness. Upon receiving the
notice, the court shall order such accommodations as are
appropriate under the circumstances considering the age or
disability of the witness. Accommodations ordered by the court
may include:
  (a) Break periods during the proceedings for the benefit of the
witness.
  (b) Designation of a waiting area appropriate to the special
needs of the witness.

  (c) Conducting proceedings in clothing other than judicial
robes.
  (d) Relaxing the formalities of the proceedings.
  (e) Adjusting the layout of the courtroom for the comfort of
the witness.
  (f) Conducting the proceedings outside of the normal courtroom.
  (2) For the purposes of this section, 'developmental
disability' means a disability attributable to   { - mental
retardation - }   { + an intellectual disability + }, autism,
cerebral palsy, epilepsy or other disabling neurological
condition that requires training or support similar to that
required by persons with
  { - mental retardation - }   { + intellectual disabilities + },
if either of the following apply:
  (a) The disability originates before the person attains 22
years of age, or if the disability is attributable to
 { - mental retardation - }   { + an intellectual disability + }
the condition is manifested before the person attains 18 years of
age, the disability can be expected to continue indefinitely, and
the disability constitutes a substantial handicap to the ability
of the person to function in society.
  (b) The disability results in a significant subaverage general
intellectual functioning with concurrent deficits in adaptive
behavior that are manifested during the developmental period.
  SECTION 16. ORS 109.322 is amended to read:
  109.322. (1) If a parent has been adjudged mentally ill or
  { - mentally retarded - }   { + intellectually disabled + } and
remains so at the time of the adoption proceedings, or if a
parent is imprisoned in a state or federal prison under a
sentence for a term of not less than three years and has actually
served three years, the petitioner, in accordance with ORS
109.330, shall serve on the parent, if the parent has not
consented in writing to the adoption, a summons and a motion and
order to show cause why the adoption of the child should not be
ordered without the parent's consent.
  (2) In the case of a parent adjudged mentally ill or
  { - mentally retarded - }   { + intellectually disabled + },
the petitioner shall also serve the summons and the motion and
order to show cause upon the guardian of the parent. If the
parent has no guardian, the court shall appoint a guardian ad
litem to appear for the parent in the adoption proceedings.
  (3) Upon hearing, if the court finds that the adoption is in
the best interests of the child, the consent of the parent who is
imprisoned or adjudged mentally ill or   { - mentally
retarded - }  { +  intellectually disabled + } is not required,
and the court may proceed regardless of the objection of the
parent.
  (4) This section does not apply when consent is given in loco
parentis under ORS 109.316 or 109.318.
  SECTION 17. ORS 113.085 is amended to read:
  113.085. (1) Except as provided in subsection (2) of this
section, upon the filing of the petition, if there is no will or
there is a will and it has been proved, the court shall appoint a
qualified person it finds suitable as personal representative,
giving preference in the following order:
  (a) The executor named in the will.
  (b) The surviving spouse of the decedent or the nominee of the
surviving spouse of the decedent.
  (c) The nearest of kin of the decedent or the nominee of the
nearest of kin of the decedent.
  (d) The Director of Human Services, or an attorney approved by
the director under ORS 113.086, if the decedent received public
assistance pursuant to ORS chapter 411 or received care at
 { - an institution described in ORS 179.321 (1) - }  { +  a
state training center + }, and it appears that the assistance or

the cost of care may be recovered from the estate of the
decedent.
  (e) The Director of the Oregon Health Authority, or an attorney
approved by the director under ORS 113.086, if the decedent
received public assistance pursuant to ORS chapter 414 or
received care at an institution described in ORS 179.321
 { - (2) - }  { +  (1) + }, and it appears that the assistance or
the cost of care may be recovered from the estate of the
decedent.
  (f) The Department of Veterans' Affairs, if the decedent was a
protected person under ORS 406.050 (8), and the department has
joined in the petition for such appointment.
  (g) Any other person.
  (2) Except as provided in subsection (3) of this section, the
court shall appoint the Department of State Lands as personal
representative if it appears that the decedent died wholly
intestate and without known heirs. The Attorney General shall
represent the Department of State Lands in the administration of
the estate. Any funds received by the Department of State Lands
in the capacity of personal representative may be deposited in
accounts, separate and distinct from the General Fund,
established with the State Treasurer. Interest earned by such
account shall be credited to that account.
  (3) The court may appoint a person other than the Department of
State Lands to administer the estate of a decedent who died
wholly intestate and without known heirs if the person filing a
petition under ORS 113.035 attaches written authorization from an
estate administrator of the Department of State Lands appointed
under ORS 113.235 approving the filing of the petition by the
person. Except as provided by rule adopted by the Director of the
Department of State Lands, an estate administrator may consent to
the appointment of another person to act as personal
representative only if it appears after investigation that the
estate is insolvent.
  SECTION 18. ORS 116.253 is amended to read:
  116.253. (1) Within 10 years after the death of a decedent
whose estate escheated in whole or in part to the state, or
within eight years after the entry of a judgment or order
escheating property of an estate to the state, a claim may be
made for the property escheated, or the proceeds thereof, by or
on behalf of a person not having actual knowledge of the escheat
or by or on behalf of a person who at the time of the escheat was
unable to prove entitlement to the escheated property.
  (2) The claim shall be made by a petition filed with the
Director of the Department of State Lands. The claim is
considered a contested case as provided in ORS 183.310 and there
is the right of judicial review as provided in ORS 183.480. The
petition must include a declaration under penalty of perjury in
the form required by ORCP 1 E and shall state:
  (a) The age and place of residence of the claimant by whom or
on whose behalf the petition is filed;
  (b) That the claimant lawfully is entitled to the property or
proceeds, briefly describing the property or proceeds;
  (c) That at the time the property escheated to the state the
claimant had no knowledge or notice thereof or was unable to
prove entitlement to the escheated property and has subsequently
acquired new evidence of that entitlement;
  (d) That the claimant claims the property or proceeds as an
heir or devisee or as the personal representative of the estate
of an heir or devisee, setting forth the relationship, if any, of
the claimant to the decedent who at the time of death was the
owner;
  (e) That 10 years have not elapsed since the death of the
decedent, or that eight years have not elapsed since the entry of
the judgment or order escheating the property to the state; and

  (f) If the petition is not filed by the claimant, the status of
the petitioner.
  (3) If it is determined that the claimant is entitled to the
property or the proceeds thereof, the Director of the Department
of State Lands shall deliver the property to the petitioner,
subject to and charged with any tax on the property and the costs
and expenses of the state in connection therewith.
  (4) If the person whose property escheated or reverted to the
state was at any time   { - an inmate - }  { +  a resident + } of
a state institution in Oregon for persons with mental illness or
 { - mental retardation - }  { +  a state training center + },
the reasonable unpaid cost of the care and maintenance of the
person while a ward of the institution, regardless of when the
cost was incurred, may be deducted from, or, if necessary, be
offset in full against, the amount of the escheated property. The
reasonable unpaid cost of care and maintenance shall be
determined by:
  (a) The Department of Human Services for patients of   { - the
Eastern Oregon - }  { +  a state + } training center; and
  (b) The Oregon Health Authority for patients of the Blue
Mountain Recovery Center and the Oregon State Hospital.
  (5) For the purposes of this section, the death of the decedent
is presumed to have occurred on the date shown in the decedent's
death certificate or in any other similar document issued by the
jurisdiction in which the death occurred or issued by an agency
of the federal government.
  SECTION 19. ORS 125.005 is amended to read:
  125.005. As used in this chapter:
  (1) 'Conservator' means a person appointed as a conservator
under the provisions of this chapter.
  (2) 'Fiduciary' means a guardian or conservator appointed under
the provisions of this chapter or any other person appointed by a
court to assume duties with respect to a protected person under
the provisions of this chapter.
  (3) 'Financially incapable' means a condition in which a person
is unable to manage financial resources of the person effectively
for reasons including, but not limited to, mental illness,
 { - mental retardation - }  { +  developmental disability + },
physical illness or disability, chronic use of drugs or
controlled substances, chronic intoxication, confinement,
detention by a foreign power or disappearance.   { -  ' Manage
financial resources ' means those actions necessary to obtain,
administer and dispose of real and personal property, intangible
property, business property, benefits and income. - }
  (4) 'Guardian' means a person appointed as a guardian under the
provisions of this chapter.
  (5) 'Incapacitated' means a condition in which a person's
ability to receive and evaluate information effectively or to
communicate decisions is impaired to such an extent that the
person presently lacks the capacity to meet the essential
requirements for the person's physical health or safety.
  { -  ' Meeting the essential requirements for physical health
and safety' means those actions necessary to provide the health
care, food, shelter, clothing, personal hygiene and other care
without which serious physical injury or illness is likely to
occur. - }
   { +  (6) 'Manage financial resources' means those actions
necessary to obtain, administer and dispose of real and personal
property, intangible property, business property, benefits and
income.
  (7) 'Meet the essential requirements for physical health and
safety' means those actions necessary to provide the health care,
food, shelter, clothing, personal hygiene and other care without
which serious physical injury or illness is likely to occur. + }
    { - (6) - }   { + (8) + } 'Minor' means any person who has
not attained 18 years of age.
    { - (7) - }   { + (9) + } 'Protected person' means a person
for whom a protective order has been entered.
    { - (8) - }   { + (10) + } 'Protective order' means an order
of a court appointing a fiduciary or any other order of the court
entered for the purpose of protecting the person or estate of a
respondent or protected person.
    { - (9) - }   { + (11) + } 'Protective proceeding' means a
proceeding under this chapter.
    { - (10) - }   { + (12) + } 'Respondent' means a person for
whom entry of a protective order is sought in a petition filed
under ORS 125.055.
    { - (11) - }   { + (13) + } 'Visitor' means a person
appointed by the court under ORS 125.150 for the purpose of
interviewing and evaluating a respondent or protected person.
  SECTION 20. ORS 127.646 is amended to read:
  127.646. As used in ORS 127.646 to 127.654:
  (1) 'Health care organization' means a home health agency,
hospice program, hospital, long term care facility or health
maintenance organization.
  (2) 'Health maintenance organization' has the meaning given
that term in ORS 750.005, except that 'health maintenance
organization' includes only those organizations that participate
in the federal Medicare or Medicaid programs.
  (3) 'Home health agency' has the meaning given that term in ORS
443.005.
  (4) 'Hospice program' has the meaning given that term in ORS
443.850.
  (5) 'Hospital' has the meaning given that term in ORS 442.015.
'Hospital' does not include a special inpatient care facility.
  (6) 'Long term care facility' has the meaning given that term
in ORS 442.015, except that 'long term care facility' does not
include an intermediate care facility for individuals with
  { - mental retardation - }  { +  intellectual disabilities + }.
  SECTION 21. ORS 132.090 is amended to read:
  132.090. (1) Except as provided in subsections (2) and (3) of
this section, no person other than the district attorney or a
witness actually under examination shall be present during the
sittings of the grand jury.
  (2) Upon a motion filed by the district attorney in the circuit
court, the circuit judge may appoint a reporter who shall attend
the sittings of the grand jury to take and report the testimony
in any matters pending before the grand jury, and may appoint a
parent, guardian or other appropriate person 18 years of age or
older to accompany any child 12 years of age or younger, or any
person with   { - mental retardation - }  { +  an intellectual
disability + }, during an appearance before the grand jury. The
circuit judge, upon the district attorney's showing to the court
that it is necessary for the proper examination of a witness
appearing before the grand jury, may appoint a guard, medical or
other special attendant or nurse, who shall be present in the
grand jury room and shall attend such sittings.
  (3) The district attorney may designate an interpreter who is
certified under ORS 45.291 to interpret the testimony of
witnesses appearing before the grand jury. The district attorney
may designate a qualified interpreter, as defined in ORS 45.288,
if the circuit court determines that a certified interpreter is
not available and that the person designated by the district
attorney is a qualified interpreter as defined in ORS 45.288. An
interpreter designated under this subsection may be present in
the grand jury room and attend the sittings of the grand jury.
  (4) No person other than members of the grand jury shall be
present when the grand jury is deliberating or voting upon a
matter before it.
  (5) As used in this section,   { -  ' mental retardation' has
the meaning given that term in ORS 427.005. Mental
retardation - }  { +  ' intellectual disability' means
significantly subaverage general intellectual functioning
existing concurrently with deficits in adaptive behavior.
Intellectual disability + } may be shown by attaching to the
motion of the district attorney:
  (a) Documentary evidence of intellectual functioning; or
  (b) The affidavit of a qualified person familiar with the
person with   { - mental retardation - }  { +  an intellectual
disability + }.  ' Qualified person' includes, but is not limited
to, a teacher, therapist or physician.
  SECTION 22. ORS 138.694 is amended to read:
  138.694. (1) A person described in ORS 138.690 (1) may file a
petition in the circuit court in which the judgment of conviction
was entered requesting the appointment of counsel at state
expense to assist the person in determining whether to file a
motion under ORS 138.690. The petition must be accompanied by:
  (a) A completed affidavit of eligibility for appointment of
counsel at state expense; and
  (b) An affidavit stating that:
  (A) The person meets the criteria in ORS 138.690 (1);
  (B) The person is innocent of the charge for which the person
was convicted or of the conduct that resulted in a mandatory
sentence enhancement;
  (C) The identity of the perpetrator of the crime or conduct was
at issue in the original prosecution or, if the person was
documented as having   { - mental retardation - }   { + an
intellectual disability + } prior to the time the crime was
committed, should have been at issue; and
  (D) The person is without sufficient funds and assets, as shown
by the affidavit required by paragraph (a) of this subsection, to
hire an attorney to represent the person in determining whether
to file a motion under ORS 138.690.
  (2) The court shall grant a petition filed under this section
if:
  (a) The petitioner complies with the requirements of subsection
(1) of this section; and
  (b) It appears to the court that the petitioner is financially
unable to employ suitable counsel possessing skills and
experience commensurate with the nature and complexity of the
matter.
  (3) When a court grants a petition under this section, the
court shall appoint the attorney originally appointed to
represent the petitioner in the action that resulted in the
conviction unless the attorney is unavailable.
  (4) An attorney appointed under this section:
  (a) If other than counsel provided pursuant to ORS 151.460, is
entitled to compensation and expenses as provided in ORS 135.055;
or
  (b) If counsel provided pursuant to ORS 151.460, is entitled to
expenses as provided in ORS 135.055.
  SECTION 23. ORS 144.226 is amended to read:
  144.226. (1) Any person sentenced under ORS 161.725 and 161.735
as a dangerous offender shall within 120 days prior to the parole
consideration hearing under ORS 144.228 or the last day of the
required incarceration term established under ORS 161.737 and at
least every two years thereafter be given a complete mental and
psychiatric or psychological examination by a psychiatrist or
psychologist appointed by the State Board of Parole and
Post-Prison Supervision. Within 60 days after the examination,
the examining psychiatrist or psychologist shall file a written
report of findings and conclusions relative to the examination
with the Director of the Department of Corrections and
chairperson of the State Board of Parole and Post-Prison
Supervision.
  (2) The examining psychiatrist or psychologist shall include in
the report a statement as to whether or not in the psychiatrist's
or psychologist's opinion the convicted person has
  { - mental retardation - }   { + an intellectual disability + }
or any mental or emotional disturbance, condition or disorder
predisposing the person to the commission of any crime to a
degree rendering the examined person a danger to the health or
safety of others. The report shall also contain any other
information which the examining psychiatrist or psychologist
believes will aid the State Board of Parole and Post-Prison
Supervision in determining whether the examined person is
eligible for release. The report shall also state the progress or
changes in the condition of the examined person as well as any
recommendations for treatment. A certified copy of the report
shall be sent to the convicted person, to the convicted person's
attorney and to the executive officer of the Department of
Corrections institution in which the convicted person is
confined.
  SECTION 24. ORS 162.135 is amended to read:
  162.135. As used in ORS 162.135 to 162.205, unless the context
requires otherwise:
  (1)(a) 'Contraband' means:
  (A) Controlled substances as defined in ORS 475.005;
  (B) Drug paraphernalia as defined in ORS 475.525;
  (C) Except as otherwise provided in paragraph (b) of this
subsection, currency possessed by or in the control of an inmate
confined in a correctional facility; or
  (D) Any article or thing which a person confined in a
correctional facility, youth correction facility or state
hospital is prohibited by statute, rule or order from obtaining
or possessing, and whose use would endanger the safety or
security of such institution or any person therein.
  (b) 'Contraband' does not include authorized currency possessed
by an inmate in a work release facility.
  (2) 'Correctional facility' means any place used for the
confinement of persons charged with or convicted of a crime or
otherwise confined under a court order and includes but is not
limited to a youth correction facility. 'Correctional facility '
applies to a state hospital or a secure intensive community
inpatient facility only as to persons detained therein charged
with or convicted of a crime, or detained therein after having
been found guilty except for insanity of a crime under ORS
161.290 to 161.370.
  (3) 'Currency' means paper money and coins   { - that are
within the correctional institution - } .
  (4) 'Custody' means the imposition of actual or constructive
restraint by a peace officer pursuant to an arrest or court
order, but does not include detention in a correctional facility,
youth correction facility or a state hospital.
  (5) 'Escape' means the unlawful departure of a person from
custody or a correctional facility. 'Escape' includes the
unauthorized departure or absence from this state or failure to
return to this state by a person who is under the jurisdiction of
the Psychiatric Security Review Board. 'Escape' does not include
failure to comply with provisions of a conditional release in ORS
135.245.
  (6) 'Youth correction facility' means:
  (a) A youth correction facility as defined in ORS 420.005; and
  (b) A detention facility as defined in ORS 419A.004.
  (7) 'State hospital' means the Oregon State Hospital, Blue
Mountain Recovery Center  { - , Eastern Oregon Training
Center - }  and any other hospital established by law for similar
purposes.
  (8) 'Unauthorized departure' means the unauthorized departure
of a person confined by court order in a youth correction
facility or a state hospital that, because of the nature of the
court order, is not a correctional facility as defined in this
section, or the failure to return to custody after any form of

temporary release or transitional leave from a correctional
facility.
  SECTION 25. ORS 169.750 is amended to read:
  169.750. A juvenile detention facility may not:
  (1) Impose upon a detained juvenile for purposes of discipline
or punishment any infliction of or threat of physical injury or
pain, deliberate humiliation, physical restraint, withholding of
meals, or isolation, or detention under conditions that violate
the provisions of subsections (2) to (8) of this section or ORS
169.076 (7) to (11), (13) or (14) or 169.740;
  (2) Use any physical force, other means of physical control or
isolation upon a detained juvenile except as reasonably necessary
and justified to prevent escape from the facility, physical
injury to another person, to protect a detained juvenile from
physical self-injury or to prevent destruction of property, or to
effectuate the confinement of the juvenile in roomlock or
isolation as provided for in ORS 169.090, 169.730 to 169.800,
419A.050 and 419A.052, and for only so long as it appears that
the danger exists. A use of force or other physical means of
control may not employ:
  (a) The use of restraining devices for a purpose other than to
prevent physical injury or escape, or, in any case, for a period
in excess of six hours. However, the time during which a detained
juvenile is being transported to another facility pursuant to
court order shall not be counted within the six hours; or
  (b) Isolation for a period in excess of six hours;
  (3) Use roomlock except for the discipline and punishment of a
detained juvenile for violation of a rule of conduct or behavior
of the facility as provided for in ORS 169.076 (12) or for
conduct that constitutes a crime under the laws of this state or
that would justify physical force, control or isolation under
subsection (2) of this section;
  (4) Cause to be made an internal examination of a detained
juvenile's anus or vagina, except upon probable cause that
contraband, as defined in ORS 162.135 (1), will be found upon
such examination and then only by a licensed physician or a
nurse;
  (5)(a) Administer to any detained juvenile medication, except
upon the informed consent of the juvenile or in the case of an
imminent threat to the life of the juvenile or where the juvenile
has a contagious or communicable disease that poses an imminent
threat to the health of other persons in the facility. However,
prescription medication may not be administered except upon a
written prescription or written order by a licensed physician or
licensed dentist and administered by a licensed physician,
licensed dentist or other medical personnel authorized by the
State of Oregon under ORS chapter 677, 678 or 679 to administer
medication. Facility staff not otherwise authorized by law to
administer medications may administer noninjectable medications
in accordance with rules adopted by the Oregon State Board of
Nursing pursuant to ORS 678.150 (8);
  (b) Nonmedical personnel shall receive training for
administering medications, including recognition of and response
to drug reactions and unanticipated side effects, from the
responsible physician or nurse and the official responsible for
the facility. All personnel shall be responsible for
administering the dosage medications according to orders and for
recording the administrations of the dosage in a manner and on a
form approved by the responsible physician; and
  (c) Notwithstanding any other provision of law, medication may
not be administered unless a registered nurse or physician is
either physically on the premises or readily available by
telephone and within 30 minutes travel time of the patient;
  (6) Administer to any detained juvenile any medication or
medical procedure for purposes of experimentation;

  (7) Discipline or punish any juvenile for conduct or behavior
by roomlock, for a period in excess of 12 hours, or by denial of
any privilege, regularly awarded other detained adults or
juveniles, for more than one day, except after:
  (a) Advising the juvenile in writing of the alleged offensive
conduct or behavior;
  (b) Providing the juvenile the opportunity to a hearing before
a staff member who was not a witness to the alleged offensive
conduct or behavior;
  (c) Providing the juvenile the opportunity to produce witnesses
and evidence and to cross-examine witnesses;
  (d) Providing the detained juvenile the opportunity to testify,
at the sole option of the juvenile; and
  (e) A finding that the alleged conduct or behavior was proven
by a preponderance of the evidence and that it violated a rule of
conduct or behavior of the facility as provided for in ORS
169.076 (12) or constituted a crime under the laws of this state;
and
  (8) Detain juveniles with emotional disturbances,   { - mental
retardation - }  { +  developmental disabilities + } or physical
disabilities on the same charges and circumstances for which
other juveniles would have been released or provided with another
alternative.
  SECTION 26. ORS 179.010 is amended to read:
  179.010. 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;
 { +  or + }
    { - (b) The Department of Human Services when the institution
is the Eastern Oregon Training Center; or - }
    { - (c) - }  { +  (b) + } The Oregon Health Authority when
the institution is the Blue Mountain Recovery Center or an Oregon
State Hospital campus.
  SECTION 27. ORS 179.040 is amended to read:
  179.040. (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.
  SECTION 28. ORS 179.050 is amended to read:
  179.050. 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.
  SECTION 29. ORS 179.055 is amended to read:
  179.055. (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.
  SECTION 30. ORS 179.065 is amended to read:
  179.065. 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.
  SECTION 31. ORS 179.105 is amended to read:
  179.105. (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 - }  { +  or the + }
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.
  SECTION 32. ORS 179.110 is amended to read:
  179.110. 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.
  SECTION 33. ORS 179.140 is amended to read:
  179.140. 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.
  SECTION 34. ORS 179.150 is amended to read:
  179.150.   { - No - }  { +  An + } 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 - }  { +  may not + } be pecuniarily interested in
any contract for supplies or services furnished or rendered to an
institution, other than the services of regular employment.
  SECTION 35. ORS 179.210 is amended to read:
  179.210. (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.
  SECTION 36. ORS 179.230 is amended to read:
  179.230. 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.
  SECTION 37. ORS 179.240 is amended to read:
  179.240. (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.
  SECTION 38. ORS 179.321 is amended to read:
  179.321.   { - (1) The Department of Human Services shall
operate, control, manage and supervise the Eastern Oregon
Training Center. - }
    { - (2) - }  { +  (1) + } The Oregon Health Authority shall
operate, control, manage and supervise the Blue Mountain Recovery
Center and the Oregon State Hospital campuses.
    { - (3) - }  { +  (2) + } The Department of Corrections shall
operate, control, manage and supervise those institutions defined
as Department of Corrections institutions in ORS 421.005.
  SECTION 39. ORS 179.325 is amended to read:
  179.325.   { - (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.
  SECTION 40. ORS 179.331 is amended to read:
  179.331. (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) - }  { +  (a) + } The superintendents of the Blue
Mountain Recovery Center and the Oregon State Hospital, by the
Director of the Oregon Health Authority.
    { - (c) - }  { +  (b) + } 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.
  SECTION 41. ORS 179.360 is amended to read:
  179.360. (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 - }  { +  426.020 + }, 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.
  SECTION 42. ORS 179.370 is amended to read:
  179.370. 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.
  SECTION 43. ORS 179.375 is amended to read:
  179.375. (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.
  SECTION 44. ORS 179.380 is amended to read:
  179.380. (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.
  SECTION 45. ORS 179.385 is amended to read:
  179.385. 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.
  SECTION 46. ORS 179.390 is amended to read:
  179.390. (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) - }  { +  (3) + } 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) - }  { +  (4) + } 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 - }  { +  department + }.  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.
  SECTION 47. ORS 179.405 is amended to read:
  179.405.   { - No - }  { +  A + } Department of Corrections
 { - institutions, - }  { +  institution or a + } youth
correction   { - facilities - }  { +  facility + } as defined in
ORS 420.005   { - and institutions listed in ORS 427.010
shall - }  { +  may not + } employ persons regularly as teachers
who are not licensed.
  SECTION 48. ORS 179.450 is amended to read:
  179.450. 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.
  SECTION 49. ORS 179.460 is amended to read:
  179.460. (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.
  SECTION 50. ORS 179.473 is amended to read:
  179.473. (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 - }
 { +  a state training center in accordance with ORS 427.235 to
427.290 + }, 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  { + Department of Correction shall adopt + } rules
 { - adopted under - }  { +  to carry out + } 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.
  SECTION 51. ORS 179.478 is amended to read:
  179.478. (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   { - mental retardation - }
 { +  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
 { - mental retardation - }  { +  an intellectual disability + }
and otherwise eligible for admission to a state training center
pursuant to   { - ORS 427.010 - }  { +  ORS 427.235 to
427.290 + } 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
  { - mental retardation - }  { +  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.
  SECTION 52. ORS 179.479 is amended to read:
  179.479. (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.
  SECTION 53. ORS 179.485 is amended to read:
  179.485. Persons transferred to a state institution for persons
with mental illness   { - or mental retardation - }  { +  or to a
state training center + } under ORS 179.473, 179.478 and 420.505
shall be entitled to the same legal rights as any other persons
admitted to
  { - those - }   { + the + } institutions { +  or training
center + }.
  SECTION 54. ORS 179.490 is amended to read:
  179.490.   { - In the case of - }  { +  If a person in the
custody of an institution described in ORS 179.321 requires + } a
necessary or emergency operation, requiring the services of a
specialist, and
  { - where - }  { +  if + } 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.
  SECTION 55. ORS 179.492 is amended to read:
  179.492. (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.
  SECTION 56. ORS 179.505 is amended to read:
  179.505. (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 section 1 of this 2011 Act + };
  (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.
  SECTION 57. ORS 179.610 is amended to read:
  179.610. 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 { + , by a state
training center + } or by the Department of Corrections,
Department of Human Services or Oregon Health Authority on behalf
of   { - those - }   { + the + } institutions { +  or center + }.
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 { +  or state training center + }.
  (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.
  SECTION 58. ORS 179.620 is amended to read:
  179.620. (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 { +  or a state
training center + } 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.
  SECTION 59. ORS 179.701 is amended to read:
  179.701. 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   { - (5) - }  and any other costs not
directly related to the care for a person at a state institution.
  SECTION 60. ORS 279A.050 is amended to read:
  279A.050. (1)(a) Except as otherwise provided in the Public
Contracting Code, a contracting agency shall exercise all
procurement authority in accordance with the provisions of the
Public Contracting Code.
  (b) When a contracting agency has authority under this section
to carry out functions described in this section, or has
authority to make procurements under a provision of law other
than the Public Contracting Code, the contracting agency is not
required to exercise that authority in accordance with the
provisions of the code if, under ORS 279A.025, the code does not
apply to the contract or contracting authority.
  (2) Except as otherwise provided in the Public Contracting
Code, for state agencies the Director of the Oregon Department of
Administrative Services has all the authority to carry out the
provisions of the Public Contracting Code.
  (3) Except as otherwise provided in the Public Contracting
Code, the Director of Transportation has all the authority to:
  (a) Procure or supervise the procurement of all services and
personal services to construct, acquire, plan, design, maintain
and operate passenger terminal facilities and motor vehicle
parking facilities in connection with any public transportation
system in accordance with ORS 184.689 (5);
  (b) Procure or supervise the procurement of all goods,
services, public improvements and personal services relating to
the operation, maintenance or construction of highways, bridges
and other transportation facilities that are subject to the
authority of the Department of Transportation; and
  (c) Establish standards for, prescribe forms for and conduct
the prequalification of prospective bidders on public improvement
contracts related to the operation, maintenance or construction
of highways, bridges and other transportation facilities that are
subject to the authority of the Department of Transportation.
  (4) Except as otherwise provided in the Public Contracting
Code, the Secretary of State has all the authority to procure or
supervise the procurement of goods, services and personal
services related to programs under the authority of the Secretary
of State.
  (5) Except as otherwise provided in the Public Contracting
Code, the State Treasurer has all the authority to procure or
supervise the procurement of goods, services and personal
services related to programs under the authority of the State
Treasurer.
  (6) The state agencies listed in this subsection have all the
authority to do the following in accordance with the Public
Contracting Code:
  (a) The Department of Human Services to procure or supervise
the   { - procurement of goods, services and personal services
under ORS 179.040 for the department's institutions and the - }
procurement of goods, services and personal services for the
construction, demolition, exchange, maintenance, operation and
equipping of housing for the purpose of providing care to
individuals with
  { - mental retardation - }   { + intellectual disabilities + }
or other developmental disabilities, subject to applicable
provisions of ORS 427.335;

  (b) The Oregon Health Authority to procure or supervise the
procurement of goods, services and personal services under ORS
179.040 for the authority's institutions and the procurement of
goods, services and personal services for the construction,
demolition, exchange, maintenance, operation and equipping of
housing for persons with chronic mental illness, subject to
applicable provisions of ORS 426.504;
  (c) The State Department of Fish and Wildlife to procure or
supervise the procurement of construction materials, equipment,
supplies, services and personal services for public improvements,
public works or ordinary construction described in ORS 279C.320
that is subject to the authority of the State Department of Fish
and Wildlife;
  (d) The State Parks and Recreation Department to procure or
supervise the procurement of all goods, services, public
improvements and personal services relating to state parks;
  (e) The Oregon Department of Aviation to procure or supervise
the procurement of construction materials, equipment, supplies,
services and personal services for public improvements, public
works or ordinary construction described in ORS 279C.320 that is
subject to the authority of the Oregon Department of Aviation;
  (f) The Oregon Business Development Department to procure or
supervise the procurement of all goods, services, personal
services and public improvements related to its foreign trade
offices operating outside the state;
  (g) The Housing and Community Services Department to procure or
supervise the procurement of goods, services and personal
services as provided in ORS 279A.025 (2)(o);
  (h) The Department of Corrections to procure or supervise the
procurement of construction materials, equipment, supplies,
services and personal services for public improvements, public
works or ordinary construction described in ORS 279C.320 that is
subject to the authority of the Department of Corrections;
  (i) The Department of Corrections, subject to any applicable
provisions of ORS 279A.120, 279A.125, 279A.145 and 283.110 to
283.395, to procure or supervise the procurement of goods,
services and personal services under ORS 179.040 for its
institutions;
  (j) The Department of Veterans' Affairs to procure or supervise
the procurement of real estate broker and principal real estate
broker services related to programs under the department's
authority;
  (k) The Oregon Military Department to procure or supervise the
procurement of construction materials, equipment, supplies,
services and personal services for public improvements, public
works or ordinary construction described in ORS 279C.320 that is
subject to the authority of the Oregon Military Department;
  (L) The Department of Education, subject to any applicable
provisions of ORS 329.075, 329.085 and 329.485 and the federal No
Child Left Behind Act of 2001 (P.L. 107-110, 115 Stat. 1425), to
procure or supervise the procurement of goods, services, personal
services and information technology relating to student
assessment; and
  (m) Any state agency to conduct a procurement when the agency
is specifically authorized by any provision of law other than the
Public Contracting Code to enter into a contract.
  (7) Notwithstanding this section and ORS 279A.140 (1), the
Director of the Oregon Department of Administrative Services has
exclusive authority, unless the director delegates this
authority, to procure or supervise the procurement of all price
agreements on behalf of the state agencies identified in
subsection (6)(a) to (k) of this section under which more than
one state agency may order goods, services or personal services
and all state agency information technology contracts. This
subsection does not apply to contracts under which the contractor
delivers to the state agency information technology products or
services incidental to the performance of personal services
contracts described in ORS chapter 279C or construction contracts
described in ORS chapter 279C. A state agency identified in
subsection (3) or (6)(a) to (k) of this section may not establish
a price agreement or enter into a contract for goods, services or
personal services without the approval of the director if the
director has established a price agreement for the goods,
services or personal services.
  SECTION 61. ORS 314.840 is amended to read:
  314.840. (1) The Department of Revenue may:
  (a) Furnish any taxpayer, representative authorized to
represent the taxpayer under ORS 305.230 or person designated by
the taxpayer under ORS 305.193, upon request of the taxpayer,
representative or designee, with a copy of the taxpayer's income
tax return filed with the department for any year, or with a copy
of any report filed by the taxpayer in connection with the
return, or with any other information the department considers
necessary.
  (b) Publish lists of taxpayers who are entitled to unclaimed
tax refunds.
  (c) Publish statistics so classified as to prevent the
identification of income or any particulars contained in any
report or return.
  (d) Disclose a taxpayer's name, address, telephone number,
refund amount, amount due, Social Security number, employer
identification number or other taxpayer identification number to
the extent necessary in connection with collection activities or
the processing and mailing of correspondence or of forms for any
report, return or claim required in the administration of ORS
310.630 to 310.706, any local tax under ORS 305.620, or any law
imposing a tax upon or measured by net income.
  (2) The department also may disclose and give access to
information described in ORS 314.835 to:
  (a) The Governor of the State of Oregon or the authorized
representative of the Governor:
  (A) With respect to an individual who is designated as being
under consideration for appointment or reappointment to an office
or for employment in the office of the Governor. The information
disclosed shall be confined to whether the individual:
  (i) Has filed returns with respect to the taxes imposed by ORS
chapter 316 for those of not more than the three immediately
preceding years for which the individual was required to file an
Oregon individual income tax return.
  (ii) Has failed to pay any tax within 30 days from the date of
mailing of a deficiency notice or otherwise respond to a
deficiency notice within 30 days of its mailing.
  (iii) Has been assessed any penalty under the Oregon personal
income tax laws and the nature of the penalty.
  (iv) Has been or is under investigation for possible criminal
offenses under the Oregon personal income tax laws. Information
disclosed pursuant to this paragraph shall be used only for the
purpose of making the appointment, reappointment or decision to
employ or not to employ the individual in the office of the
Governor.
  (B) For use by an officer or employee of the Oregon Department
of Administrative Services duly authorized or employed to prepare
revenue estimates, or a person contracting with the Oregon
Department of Administrative Services to prepare revenue
estimates, in the preparation of revenue estimates required for
the Governor's budget under ORS 291.201 to 291.226, or required
for submission to the Emergency Board, or if the Legislative
Assembly is in session, to the Joint Committee on Ways and Means,
and to the Legislative Revenue Officer under ORS 291.342, 291.348
and 291.445. The Department of Revenue shall disclose and give
access to the information described in ORS 314.835 for the
purposes of this subparagraph only if:
  (i) The request for information is made in writing, specifies
the purposes for which the request is made and is signed by an
authorized representative of the Oregon Department of
Administrative Services. The form for request for information
shall be prescribed by the Oregon Department of Administrative
Services and approved by the Director of the Department of
Revenue.
  (ii) The officer, employee or person receiving the information
does not remove from the premises of the Department of Revenue
any materials that would reveal the identity of a personal or
corporate taxpayer.
  (b) The Commissioner of Internal Revenue or authorized
representative, for tax administration and compliance purposes
only.
  (c) For tax administration and compliance purposes, the proper
officer or authorized representative of any of the following
entities that has or is governed by a provision of law that meets
the requirements of any applicable provision of the Internal
Revenue Code as to confidentiality:
  (A) A state;
  (B) A city, county or other political subdivision of a state;
  (C) The District of Columbia; or
  (D) An association established exclusively to provide services
to federal, state or local taxing authorities.
  (d) The Multistate Tax Commission or its authorized
representatives, for tax administration and compliance purposes
only. The Multistate Tax Commission may make the information
available to the Commissioner of Internal Revenue or the proper
officer or authorized representative of any governmental entity
described in and meeting the qualifications of paragraph (c) of
this subsection.
  (e) The Attorney General, assistants and employees in the
Department of Justice, or other legal representative of the State
of Oregon, to the extent the department deems disclosure or
access necessary for the performance of the duties of advising or
representing the department pursuant to ORS 180.010 to 180.240
and the tax laws of this state.
  (f) Employees of the State of Oregon, other than of the
Department of Revenue or Department of Justice, to the extent the
department deems disclosure or access necessary for such
employees to perform their duties under contracts or agreements
between the department and any other department, agency or
subdivision of the State of Oregon, in the department's
administration of the tax laws.
  (g) Other persons, partnerships, corporations and other legal
entities, and their employees, to the extent the department deems
disclosure or access necessary for the performance of such
others' duties under contracts or agreements between the
department and such legal entities, in the department's
administration of the tax laws.
  (h) The Legislative Revenue Officer or authorized
representatives upon compliance with ORS 173.850. Such officer or
representative shall not remove from the premises of the
department any materials that would reveal the identity of any
taxpayer or any other person.
  (i) The Department of Consumer and Business Services, to the
extent the department requires such information to determine
whether it is appropriate to adjust those workers' compensation
benefits the amount of which is based pursuant to ORS chapter 656
on the amount of wages or earned income received by an
individual.
  (j) Any agency of the State of Oregon, or any person, or any
officer or employee of such agency or person to whom disclosure
or access is given by state law and not otherwise referred to in
this section, including but not limited to the Secretary of State
as Auditor of Public Accounts under section 2, Article VI of the
Oregon Constitution; the Department of Human Services pursuant to
ORS 314.860 and 412.094; the Division of Child Support of the
Department of Justice and district attorney regarding cases for
which they are providing support enforcement services under ORS
25.080; the State Board of Tax Practitioners, pursuant to ORS
673.710; and the Oregon Board of Accountancy, pursuant to ORS
673.415.
  (k) The Director of the Department of Consumer and Business
Services to determine that a person complies with ORS chapter 656
and the Director of the Employment Department to determine that a
person complies with ORS chapter 657, the following employer
information:
  (A) Identification numbers.
  (B) Names and addresses.
  (C) Inception date as employer.
  (D) Nature of business.
  (E) Entity changes.
  (F) Date of last payroll.
  (L) The Director of Human Services to   { - determine that a
person has the ability to pay for care that includes services
provided by the Eastern Oregon Training Center or the Department
of Human Services to - }  collect any unpaid cost of care
 { + provided by a state training center + } as provided by ORS
 { - chapter 179 - }  { +  427.061 + }.
  (m) The Director of the Oregon Health Authority to determine
that a person has the ability to pay for care that includes
services provided by the Blue Mountain Recovery Center or the
Oregon State Hospital or the Oregon Health Authority to collect
any unpaid cost of care as provided by ORS chapter 179.
  (n) Employees of the Employment Department to the extent the
Department of Revenue deems disclosure or access to information
on a combined tax report filed under ORS 316.168 is necessary to
performance of their duties in administering the tax imposed by
ORS chapter 657.
  (o) The State Fire Marshal to assist the State Fire Marshal in
carrying out duties, functions and powers under ORS 453.307 to
453.414, the employer or agent name, address, telephone number
and standard industrial classification, if available.
  (p) Employees of the Department of State Lands for the purposes
of identifying, locating and publishing lists of taxpayers
entitled to unclaimed refunds as required by the provisions of
chapter 694, Oregon Laws 1993. The information shall be limited
to the taxpayer's name, address and the refund amount.
  (q) In addition to the disclosure allowed under ORS 305.225,
state or local law enforcement agencies to assist in the
investigation or prosecution of the following criminal
activities:
  (A) Mail theft of a check, in which case the information that
may be disclosed shall be limited to the stolen document, the
name, address and taxpayer identification number of the payee,
the amount of the check and the date printed on the check.
  (B) The counterfeiting, forging or altering of a check
submitted by a taxpayer to the Department of Revenue or issued by
the Department of Revenue to a taxpayer, in which case the
information that may be disclosed shall be limited to the
counterfeit, forged or altered document, the name, address and
taxpayer identification number of the payee, the amount of the
check, the date printed on the check and the altered name and
address.
  (r) The United States Postal Inspection Service or a federal
law enforcement agency, including but not limited to the United
States Department of Justice, to assist in the investigation of
the following criminal activities:
  (A) Mail theft of a check, in which case the information that
may be disclosed shall be limited to the stolen document, the

name, address and taxpayer identification number of the payee,
the amount of the check and the date printed on the check.
  (B) The counterfeiting, forging or altering of a check
submitted by a taxpayer to the Department of Revenue or issued by
the Department of Revenue to a taxpayer, in which case the
information that may be disclosed shall be limited to the
counterfeit, forged or altered document, the name, address and
taxpayer identification number of the payee, the amount of the
check, the date printed on the check and the altered name and
address.
  (s) The United States Financial Management Service, for
purposes of facilitating the reciprocal offsets described in ORS
305.612.
  (t) A municipal corporation of this state for purposes of
assisting the municipal corporation in the administration of a
tax of the municipal corporation that is imposed on or measured
by income, wages or net earnings from self-employment. Any
disclosure under this paragraph may be made only pursuant to a
written agreement between the Department of Revenue and the
municipal corporation that ensures the confidentiality of the
information disclosed.
  (u) A consumer reporting agency, to the extent necessary to
carry out the purposes of ORS 314.843.
  (3)(a) Each officer or employee of the department and each
person described or referred to in subsection (2)(a), (e) to (k)
or (n) to (q) of this section to whom disclosure or access to the
tax information is given under subsection (2) of this section or
any other provision of state law, prior to beginning employment
or the performance of duties involving such disclosure or access,
shall be advised in writing of the provisions of ORS 314.835 and
314.991, relating to penalties for the violation of ORS 314.835,
and shall as a condition of employment or performance of duties
execute a certificate for the department, in a form prescribed by
the department, stating in substance that the person has read
these provisions of law, that the person has had them explained
and that the person is aware of the penalties for the violation
of ORS 314.835.
  (b) The disclosure authorized in subsection (2)(r) of this
section shall be made only after a written agreement has been
entered into between the Department of Revenue and the person
described in subsection (2)(r) of this section to whom disclosure
or access to the tax information is given, providing that:
  (A) Any information described in ORS 314.835 that is received
by the person pursuant to subsection (2)(r) of this section is
confidential information that may not be disclosed, except to the
extent necessary to investigate or prosecute the criminal
activities described in subsection (2)(r) of this section;
  (B) The information shall be protected as confidential under
applicable federal and state laws; and
  (C) The United States Postal Inspection Service or the federal
law enforcement agency shall give notice to the Department of
Revenue of any request received under the federal Freedom of
Information Act, 5 U.S.C. 552, or other federal law relating to
the disclosure of information.
  (4) The Department of Revenue may recover the costs of
furnishing the information described in subsection (2)(k) to (m)
and (o) to (q) of this section from the respective agencies.
  SECTION 62. ORS 316.099 is amended to read:
  316.099. (1) As used in this section, unless the context
requires otherwise:
  (a) 'Child with a disability' means a qualifying child under
section 152 of the Internal Revenue Code who has been determined
eligible for early intervention services or is diagnosed for the
purposes of special education as being   { - mentally
retarded - }  { +  intellectually disabled + }, multidisabled,
visually impaired, hard of hearing, deaf-blind, orthopedically
impaired or other health impaired or as having autism, emotional
disturbance or traumatic brain injury, in accordance with State
Board of Education rules.
  (b) 'Early intervention services' means programs of treatment
and habilitation designed to address a child's developmental
deficits in sensory, motor, communication, self-help and
socialization areas.
  (c) 'Special education' means specially designed instruction to
meet the unique needs of a child with a disability, including
regular classroom instruction, instruction in physical education,
home instruction and instruction in hospitals, institutions and
special schools.
  (2) The State Board of Education shall adopt rules further
defining 'child with a disability' for purposes of this section.
A diagnosis obtained for the purposes of entitlement to special
education or early intervention services shall serve as the basis
for a claim for the additional credit allowed under subsection
(3) of this section.
  (3) In addition to the personal exemption credit allowed by
this chapter for state personal income tax purposes for a
dependent of the taxpayer, there shall be allowed an additional
personal exemption credit for a child with a disability if the
child is a child with a disability at the close of the tax year.
The amount of the credit shall be equal to the amount allowed as
the personal exemption credit for the dependent for state
personal income tax purposes for the tax year.
  (4) Each taxpayer qualifying for the additional personal
exemption credit allowed by this section may claim the credit on
the personal income tax return. However, the claim shall be
substantiated by any proof of entitlement to the credit as may be
required by the state board by rule.
  SECTION 63. ORS 343.035 is amended to read:
  343.035. As used in this chapter unless the context requires
otherwise:
  (1) 'Child with a disability' means a school-age child who is
entitled to a free appropriate public education as specified by
ORS 339.115 and who requires special education because the child
has been evaluated as having one of the following conditions as
defined by rules established by the State Board of Education:
  (a)   { - Mental retardation - }  { +  Intellectual
disability + };
  (b) Hearing impairment, including difficulty in hearing and
deafness;
  (c) Speech or language impairment;
  (d) Visual impairment, including blindness;
  (e) Deaf-blindness;
  (f) Emotional disturbance;
  (g) Orthopedic or other health impairment;
  (h) Autism;
  (i) Traumatic brain injury; or
  (j) Specific learning disabilities.
  (2) 'Decision' means the decision of the hearing officer.
  (3) 'Determination' means the determination by the school
district concerning the identification, evaluation or educational
placement of a child with a disability or the provision of a free
appropriate public education to the child in a program paid for
by the district.
  (4) 'Developmental delay' means:
  (a) Delay, at a level of functioning and in accordance with
criteria established by rules of the State Board of Education, in
one or more of the following developmental areas:
  (A) Cognitive development;
  (B) Physical development, including vision and hearing;
  (C) Communication development;
  (D) Social or emotional development; or
  (E) Adaptive development; or
  (b) A disability, in accordance with criteria established by
rules of the State Board of Education, that can be expected to
continue indefinitely and is likely to cause a substantial delay
in a child's development and ability to function in society.
  (5) 'Early childhood special education' means instruction that
is:
  (a) Free, appropriate and specially designed to meet the unique
needs of a preschool child with a disability;
  (b) Provided from three years of age until the age of
eligibility for kindergarten; and
  (c) Provided in any of the following settings:
  (A) The home, a hospital, an institution, a special school, a
classroom or a community child care setting;
  (B) A preschool; or
  (C) A combination of a setting described in subparagraph (A) of
this paragraph and a preschool.
  (6) 'Early intervention services' means services for preschool
children with disabilities from birth until three years of age
that are:
  (a) Designed to meet the developmental needs of children with
disabilities and the needs of the family related to enhancing the
child's development;
  (b) Selected in collaboration with the parents; and
  (c) Provided:
  (A) Under public supervision;
  (B) By personnel qualified in accordance with criteria
established by rules of the State Board of Education; and
  (C) In conformity with an individualized family service plan.
  (7) 'Individualized education program' means a written
statement of an educational program for a child with a disability
that is developed, reviewed and revised in a meeting in
accordance with criteria established by rules of the State Board
of Education for each child eligible for special education and
related services under this chapter.
  (8) 'Individualized family service plan' means a written plan
of early childhood special education, related services, early
intervention services and other services developed in accordance
with criteria established by rules of the State Board of
Education for each child eligible for services under this
chapter.
  (9) 'Instruction' means providing families with information and
skills that support the achievement of the goals and outcomes in
the child's individualized family service plan and working with
preschool children with disabilities in one or more of the
following developmental areas:
  (a) Communication development;
  (b) Social or emotional development;
  (c) Physical development, including vision and hearing;
  (d) Adaptive development; and
  (e) Cognitive development.
  (10) 'Mediation' means a voluntary process in which an
impartial mediator assists and facilitates two or more parties to
a controversy in reaching a mutually acceptable resolution of the
controversy and includes all contacts between a mediator and any
party or agent of a party, until such time as a resolution is
agreed to by the parties or the mediation process is terminated.
  (11) 'Order' has the meaning given that term in ORS chapter
183.
  (12) 'Other services' means those services which may be
provided to preschool children with disabilities and to their
families that are not early childhood special education or early
intervention services and are not paid for with early childhood
special education or early intervention funds.
  (13) 'Parent' means the parent, person acting as a parent or a
legal guardian, other than a state agency, of the child or the

surrogate parent. 'Parent' may be further defined by rules
adopted by the State Board of Education.
  (14) 'Preschool child with a disability' means a child from:
  (a) Birth until three years of age who is eligible for early
intervention services because the child is experiencing
developmental delay or has a diagnosed mental or physical
condition that will result in developmental delay; or
  (b) Three years of age to eligibility for entry into
kindergarten who needs early childhood special education services
because the child is experiencing developmental delay or because
the child has been evaluated as having one of the conditions
listed for a school-age child under subsection (1) of this
section.
  (15)(a) 'Related services' means transportation and such
developmental, corrective and other supportive services as are
required to assist a child with a disability to benefit from
special education, including:
  (A) Speech-language and audiology services;
  (B) Interpreting services;
  (C) Psychological services;
  (D) Physical and occupational therapy;
  (E) Recreation, including therapeutic recreation;
  (F) Social work services;
  (G) School nurse services designed to enable a child with a
disability to receive a free appropriate public education as
described in the individualized education program of the child;
  (H) Early identification and assessment of disabilities in
children;
  (I) Counseling services, including rehabilitation counseling;
  (J) Orientation and mobility services;
  (K) Medical services for diagnostic or evaluation purposes; and
  (L) Parent counseling and training.
  (b) 'Related services' does not include a medical device that
is surgically implanted or the replacement of a medical device
that is surgically implanted.
  (16) 'School district' means a common or union high school
district that is charged with the duty or contracted with by a
public agency to educate children eligible for special education.
  (17) 'Service coordination' means the activities carried out by
a service coordinator to assist and enable a preschool child with
a disability and the child's family to receive the rights,
procedural safeguards and services that are authorized under the
state's early intervention and early childhood special education
programs and to coordinate access to other services designated on
the individualized family service plan.
  (18) 'Special education' means specially designed instruction
that is provided at no cost to parents to meet the unique needs
of a child with a disability. 'Special education ' includes
instruction that:
  (a) May be conducted in the classroom, the home, a hospital, an
institution, a special school or another setting; and
  (b) May involve physical education services, speech-language
services, transition services or other related services
designated by rule to be services to meet the unique needs of a
child with a disability.
  (19) 'Unaccompanied homeless youth' has the meaning given that
term in the McKinney-Vento Homeless Assistance Act, 42 U.S.C.
11434a(6).
  (20) 'Ward of the state' means a child who is temporarily or
permanently in the custody of, or committed to, a public or
private agency through the action of the juvenile court. 'Ward of
the state' may be further defined by rules adopted by the State
Board of Education.
  SECTION 64. ORS 346.015 is amended to read:
  346.015. (1) Prior to convening a meeting to prepare an
individual education plan for a child with   { - mental
retardation - }   { + an intellectual disability + } or a
developmental disability for whom placement at the school
operated under ORS 346.010 may be considered, the agency that is
providing the education for the child shall notify the local
community developmental disabilities program. The case manager
responsible for programs for children with   { - mental
retardation - }   { + intellectual disabilities + } or
developmental disabilities, in consultation with the Department
of Human Services, shall evaluate whether the child also has
needs for alternative residential care or other support services.
If the evaluation determines this to be the case, but documents
that community resources are not available to meet these needs,
the school district may proceed with the meeting to prepare the
individual education plan in which placement at the school
operated under ORS 346.010 may be considered.
  (2) An agency providing education under subsection (1) of this
section may initiate the procedure in subsection (1) of this
section for any child who does not have   { - mental
retardation - }   { + an intellectual disability + } or a
developmental disability when in the agency's judgment a
treatment or residential issue is prompting proposed placement
under ORS 346.010.
  (3) A child may not be placed in the school operated under ORS
346.010 unless the district superintendent or the
superintendent's designee has signed a statement declaring that
the district cannot provide a free appropriate public education
for the child commensurate with the needs of the child as
identified by the individual education plan of the child and that
the school is the least restrictive environment in which the
child can be educated.
  (4) By rule, the State Board of Education shall determine
procedures to be followed by local education agencies in carrying
out this section.
  SECTION 65. ORS 346.035 is amended to read:
  346.035. For a child who is enrolled under ORS 346.010 and who
has   { - mental retardation - }   { + an intellectual
disability + } or a developmental disability, the Department of
Education shall notify the community developmental disabilities
program of the date of the annual review of the individual
education plan of the child for the purpose of including in the
review the assigned case manager's assessment of community
resources that are available for treatment or residential needs
the child might have.
  SECTION 66. ORS 410.040 is amended to read:
  410.040. As used in ORS 409.010, 410.040 to 410.320, 411.159
and 441.630:
  (1) 'Appropriate living arrangement' means any arrangement for
an elderly person or a person with a disability in a residential
setting which is appropriate for the person considering, in order
of priority, the following criteria:
  (a) The desires and goals of the person;
  (b) The right of the person to live as independently as
possible, in the least restrictive environment; and
  (c) The cost of the living arrangement compared to other types
of living arrangements, based on the criteria in paragraphs (a)
and (b) of this subsection.
  (2) 'Area agency' means:
  (a) An established or proposed type A or type B Area Agency on
Aging within a planning and service area designated under Section
305 of the Older Americans Act; or
  (b) Any public or nonprofit private agency which is designated
as a type A or type B Area Agency on Aging under Section 305 of
the Older Americans Act.
  (3) 'Area agency board' means the local policy-making board
which directs the actions of the area agency within state and
federal laws and regulations.
  (4) 'Department' means the Department of Human Services.
  (5) 'Elderly person' means a person who is served by a type A
area agency or type B area agency or by the department and who is
60 years of age or older.
  (6) 'Local government' means a political subdivision of the
state whose authority is general or a combination of units of
general purpose local governments.
  (7) 'Person with a disability' means a person with a physical
or mental disability:
  (a) Who is eligible for Supplemental Security Income or for
general assistance; and
  (b) Who meets one of the following criteria:
  (A) Has   { - mental retardation - }   { + an intellectual
disability + } or a developmental disability or is mentally or
emotionally disturbed  { - , - }  and resides in or needs
placement in a residential program administered by the
department.
  (B) Is an alcohol or drug abuser and resides in or needs
placement in a residential program administered by the
department.
  (C) Has a physical or mental disability other than those
described in subparagraphs (A) and (B) of this paragraph.
  (8) 'Preadmission screening' means a professional program
within the department or type B area agencies, with staff that
includes registered nurses and social workers, that assesses the
needs of clients and recommends appropriate placements in
residential programs administered by the department or type B
area agencies.
  (9) 'Protective services' means a service to be provided by the
department directly or through type B area agencies, in response
to the need for protection from harm or neglect to elderly
persons and persons with disabilities.
  (10) 'Title XIX' means long term care and health services
programs in Title XIX of the Social Security Act available to
elderly persons and persons with disabilities.
  (11) 'Type A area agency' means an area agency:
  (a) For which either the local government or the area agency
board does not agree to accept local administrative
responsibility for Title XIX; and
  (b) That provides a service to elderly persons.
  (12) 'Type B area agency' means an area agency:
  (a) For which the local government agrees to accept local
administrative responsibility for Title XIX;
  (b) That provides a service to elderly persons or to elderly
persons and persons with disabilities who require services
similar to those required by elderly persons; and
  (c) That uses the term 'disabled services' or 'disability
services' in its title to communicate the fact that it provides
services to both populations described in paragraph (b) of this
subsection.
  SECTION 67. ORS 410.060 is amended to read:
  410.060. (1) It is the policy of the State of Oregon that
persons with disabilities served by the Department of Human
Services shall also receive necessary services, as appropriate
for their needs, from other state agencies.
  (2) In carrying out the provisions in subsection (1) of this
section, the Department of Human Services shall negotiate
interagency agreements and coordinate services with the
Employment Department and the Department of Education for the
provision of appropriate services to clients of the Department of
Human Services who have disabilities.
  (3)(a) Prior to approval of an appropriate living arrangement,
as defined in ORS 410.040, administered by the Department of
Human Services, all persons with disabilities shall be assessed
by preadmission screening to ensure the appropriateness of the
living arrangement.
  (b) If a person with a disability is diagnosed as, or is
reasonably believed to be, a person with   { - mental retardation
or - }  a developmental disability, preadmission screening shall
include an assessment by the   { - Developmental Disability
Diagnosis and Evaluation Service established - }   { + department
or a community developmental disabilities program + } under ORS
427.104.
  (4) The Department of Human Services in coordination with the
Department of Education shall work with nursing homes that have
one or more residents under 18 years of age to develop a program
appropriate to the needs of those residents.
  SECTION 68. ORS 414.025, as amended by section 1, chapter 73,
Oregon Laws 2010, is amended to read:
  414.025. As used in this chapter, unless the context or a
specially applicable statutory definition requires otherwise:
  (1) 'Category of aid' means assistance provided by the Oregon
Supplemental Income Program, aid granted under ORS 412.001 to
412.069 and 418.647 or federal Supplemental Security Income
payments.
  (2) 'Categorically needy' means, insofar as funds are available
for the category, a person who is a resident of this state and
who:
  (a) Is receiving a category of aid.
  (b) Would be eligible for a category of aid but is not
receiving a category of aid.
  (c) Is in a medical facility and, if the person left such
facility, would be eligible for a category of aid.
  (d) Is under the age of 21 years and would be a dependent child
as defined in ORS 412.001 except for age and regular attendance
in school or in a course of professional or technical training.
  (e)(A) Is a caretaker relative, as defined in ORS 412.001, who
cares for a child who would be a dependent child except for age
and regular attendance in school or in a course of professional
or technical training; or
  (B) Is the spouse of the caretaker relative.
  (f) Is under the age of 21 years and:
  (A) Is in a foster family home or licensed child-caring agency
or institution and is one for whom a public agency of this state
is assuming financial responsibility, in whole or in part; or
  (B) Is 18 years of age or older, is one for whom federal
financial participation is available under Title XIX or XXI of
the federal Social Security Act and who met the criteria in
subparagraph (A) of this paragraph immediately prior to the
person's 18th birthday.
  (g) Is a spouse of an individual receiving a category of aid
and who is living with the recipient of a category of aid, whose
needs and income are taken into account in determining the cash
needs of the recipient of a category of aid, and who is
determined by the Department of Human Services to be essential to
the well-being of the recipient of a category of aid.
  (h) Is a caretaker relative as defined in ORS 412.001 who cares
for a dependent child receiving aid granted under ORS 412.001 to
412.069 and 418.647 or is the spouse of the caretaker relative.
  (i) Is under the age of 21 years, is in a youth care center and
is one for whom a public agency of this state is assuming
financial responsibility, in whole or in part.
  (j) Is under the age of 21 years and is in an intermediate care
facility   { - which includes institutions for persons with
mental retardation - }  { +  or a state training center + }.
  (k) Is under the age of 22 years and is in a psychiatric
hospital.
  (L) Is under the age of 21 years and is in an independent
living situation with all or part of the maintenance cost paid by
the Department of Human Services.
  (m) Is a member of a family that received aid in the preceding
month under ORS 412.006 or 412.014 and became ineligible for aid
due to increased hours of or increased income from employment. As
long as the member of the family is employed, such families will
continue to be eligible for medical assistance for a period of at
least six calendar months beginning with the month in which such
family became ineligible for assistance due to increased hours of
employment or increased earnings.
  (n) Is an adopted person under 21 years of age for whom a
public agency is assuming financial responsibility in whole or in
part.
  (o) Is an individual or is a member of a group who is required
by federal law to be included in the state's medical assistance
program in order for that program to qualify for federal funds.
  (p) Is an individual or member of a group who, subject to the
rules of the department, may optionally be included in the
state's medical assistance program under federal law and
regulations concerning the availability of federal funds for the
expenses of that individual or group.
  (q) Is a pregnant woman who would be eligible for aid granted
under ORS 412.001 to 412.069 and 418.647, whether or not the
woman is eligible for cash assistance.
  (r) Except as otherwise provided in this section, is a pregnant
woman or child for whom federal financial participation is
available under Title XIX or XXI of the federal Social Security
Act.
  (s) Is not otherwise categorically needy and is not eligible
for care under Title XVIII of the federal Social Security Act or
is not a full-time student in a post-secondary education program
as defined by the Department of Human Services by rule, but whose
family income is less than the federal poverty level and whose
family investments and savings equal less than the investments
and savings limit established by the department by rule.
  (t) Would be eligible for a category of aid but for the receipt
of qualified long term care insurance benefits under a policy or
certificate issued on or after January 1, 2008. As used in this
paragraph, 'qualified long term care insurance' means a policy or
certificate of insurance as defined in ORS 743.652 (6).
  (u) Is eligible for the Health Care for All Oregon Children
program established in ORS 414.231.
  (3) 'Income' has the meaning given that term in ORS 411.704.
  (4) 'Investments and savings' means cash, securities as defined
in ORS 59.015, negotiable instruments as defined in ORS 73.0104
and such similar investments or savings as the Department of
Human Services may establish by rule that are available to the
applicant or recipient to contribute toward meeting the needs of
the applicant or recipient.
  (5) 'Medical assistance' means so much of the following medical
and remedial care and services as may be prescribed by the Oregon
Health Authority according to the standards established pursuant
to ORS 413.032, including payments made for services provided
under an insurance or other contractual arrangement and money
paid directly to the recipient for the purchase of medical care:
  (a) Inpatient hospital services, other than services in an
institution for mental diseases;
  (b) Outpatient hospital services;
  (c) Other laboratory and X-ray services;
  (d) Skilled nursing facility services, other than services in
an institution for mental diseases;
  (e) Physicians' services, whether furnished in the office, the
patient's home, a hospital, a skilled nursing facility or
elsewhere;
  (f) Medical care, or any other type of remedial care recognized
under state law, furnished by licensed practitioners within the
scope of their practice as defined by state law;
  (g) Home health care services;
  (h) Private duty nursing services;
  (i) Clinic services;
  (j) Dental services;
  (k) Physical therapy and related services;
  (L) Prescribed drugs, including those dispensed and
administered as provided under ORS chapter 689;
  (m) Dentures and prosthetic devices; and eyeglasses prescribed
by a physician skilled in diseases of the eye or by an
optometrist, whichever the individual may select;
  (n) Other diagnostic, screening, preventive and rehabilitative
services;
  (o) Inpatient hospital services, skilled nursing facility
services and intermediate care facility services for individuals
65 years of age or over in an institution for mental diseases;
  (p) Any other medical care, and any other type of remedial care
recognized under state law;
  (q) Periodic screening and diagnosis of individuals under the
age of 21 years to ascertain their physical or mental
impairments, and such health care, treatment and other measures
to correct or ameliorate impairments and chronic conditions
discovered thereby;
  (r) Inpatient hospital services for individuals under 22 years
of age in an institution for mental diseases; and
  (s) Hospice services.
  (6) 'Medical assistance' includes any care or services for any
individual who is a patient in a medical institution or any care
or services for any individual who has attained 65 years of age
or is under 22 years of age, and who is a patient in a private or
public institution for mental diseases. 'Medical assistance '
includes 'health services' as defined in ORS 414.705. 'Medical
assistance' does not include care or services for an inmate in a
nonmedical public institution.
  (7) 'Medically needy' means a person who is a resident of this
state and who is considered eligible under federal law for
medically needy assistance.
  (8) 'Resources' has the meaning given that term in ORS 411.704.
For eligibility purposes, 'resources' does not include charitable
contributions raised by a community to assist with medical
expenses.
  SECTION 69. ORS 416.350 is amended to read:
  416.350. (1) The Oregon Health Authority may recover from any
person the amounts of medical assistance incorrectly paid on
behalf of such person.
  (2) Medical assistance pursuant to this chapter paid on behalf
of an individual who was 55 years of age or older when the
individual received such assistance, or paid on behalf of a
person of any age who was a permanently institutionalized
inpatient in a nursing facility,   { - intermediate care facility
for persons with mental retardation - }   { + state training
center + } or other medical institution, may be recovered from
the estate of the individual or from any recipient of property or
other assets held by the individual at the time of death
including the estate of the surviving spouse. Claim for such
medical assistance correctly paid to the individual may be
established against the estate, but there shall be no adjustment
or recovery thereof until after the death of the surviving
spouse, if any, and only at a time when the individual has no
surviving child who is under 21 years of age or who is blind or
permanently and totally disabled. Transfers of real or personal
property by recipients of such aid without adequate consideration
are voidable and may be set aside under ORS 411.620 (2).
  (3)   { - Nothing in - }  This section   { - authorizes - }
 { +  does not authorize + } the recovery of the amount of any
aid from the estate or surviving spouse of a recipient to the
extent that the need for aid resulted from a crime committed
against the recipient.
  (4) In any action or proceeding under this section to recover
medical assistance paid, it shall be the legal burden of the
person who receives the property or other assets from a Medicaid
recipient to establish the extent and value of the Medicaid
recipient's legal title or interest in the property or assets in
accordance with rules established by the authority.
  (5) As used in this section, 'estate' includes all real and
personal property and other assets in which the deceased
individual had any legal title or interest at the time of death
including assets conveyed to a survivor, heir or assign of the
deceased individual through joint tenancy, tenancy in common,
survivorship, life estate, living trust or other similar
arrangement.
  SECTION 70. ORS 419B.504 is amended to read:
  419B.504. The rights of the parent or parents may be terminated
as provided in ORS 419B.500 if the court finds that the parent or
parents are unfit by reason of conduct or condition seriously
detrimental to the child or ward and integration of the child or
ward into the home of the parent or parents is improbable within
a reasonable time due to conduct or conditions not likely to
change. In determining such conduct and conditions, the court
shall consider but is not limited to the following:
  (1) Emotional illness, mental illness or   { - mental
retardation - }  { +  developmental disability + } of the parent
of such nature and duration as to render the parent incapable of
providing proper care for the child or ward for extended periods
of time.
  (2) Conduct toward any child of an abusive, cruel or sexual
nature.
  (3) Addictive or habitual use of intoxicating liquors or
controlled substances to the extent that parental ability has
been substantially impaired.
  (4) Physical neglect of the child or ward.
  (5) Lack of effort of the parent to adjust the circumstances of
the parent, conduct, or conditions to make it possible for the
child or ward to safely return home within a reasonable time or
failure of the parent to effect a lasting adjustment after
reasonable efforts by available social agencies for such extended
duration of time that it appears reasonable that no lasting
adjustment can be effected.
  (6) Criminal conduct that impairs the parent's ability to
provide adequate care for the child or ward.
  SECTION 71. ORS 419C.533 is amended to read:
  419C.533. (1) The juvenile panel of the Psychiatric Security
Review Board, by rule pursuant to ORS 183.325 to 183.410 and not
inconsistent with law, may implement its policies and set out its
procedure and practice requirements and may promulgate such
interpretive rules as the panel deems necessary or appropriate to
carry out its statutory responsibilities.
  (2) The juvenile panel of the Psychiatric Security Review Board
shall adopt rules defining the type of dangerous behavior that
requires the temporary placement of a young person with
  { - mental retardation - }   { + a developmental disability + }
in a secure hospital or facility.
  (3) The juvenile panel of the Psychiatric Security Review Board
shall consult with the Department of Human Services about
proposed rules relating to developmental disabilities and the
Oregon Health Authority about proposed rules relating to mental
illness before issuing proposed rules for public comment and
before adopting rules under this section.
  SECTION 72. ORS 420.500 is amended to read:
  420.500. A youth offender in a youth correction facility may
not be transferred to an institution for persons with mental
illness   { - or mental retardation - }  for a period of more
than 14 days unless the youth offender has been committed to an
institution for persons with mental illness   { - or mental
retardation - }  in the manner specified in ORS 420.505   { - and
420.525 - } .
  SECTION 73. ORS 426.005 is amended to read:
  426.005. (1) As used in ORS 426.005 to 426.390, unless the
context requires otherwise:
  (a) 'Authority' means the Oregon Health Authority.
  (b) 'Community mental health program director' means the
director of an entity that provides the services described in ORS
430.630 (3), (4) and   { - (6) - }  { +  (5) + }.
  (c) 'Director of the facility' means a superintendent of a
state   { - mental - }  hospital, the chief of psychiatric
services in a community hospital or the person in charge of
treatment and rehabilitation programs at other treatment
facilities.
  (d) 'Facility' means a state   { - mental - }  hospital,
community hospital, residential facility, detoxification center,
day treatment facility or such other facility as the authority
determines suitable, any of which may provide diagnosis and
evaluation, medical care, detoxification, social services or
rehabilitation for committed mentally ill persons.
  (e) 'Mentally ill person' means a person who, because of a
mental disorder, is one or more of the following:
  (A) Dangerous to self or others.
  (B) Unable to provide for basic personal needs and is not
receiving such care as is necessary for health or safety.
  (C) A person:
  (i) With a chronic mental illness, as defined in ORS 426.495;
  (ii) Who, within the previous three years, has twice been
placed in a hospital or approved inpatient facility by the
authority under ORS 426.060;
  (iii) Who is exhibiting symptoms or behavior substantially
similar to those that preceded and led to one or more of the
hospitalizations or inpatient placements referred to in
sub-subparagraph (ii) of this subparagraph; and
  (iv) Who, unless treated, will continue, to a reasonable
medical probability, to physically or mentally deteriorate so
that the person will become a person described under either
subparagraph (A) or (B) of this paragraph or both.
  (f) 'Nonhospital facility' means any facility, other than a
hospital, that is approved by the authority to provide adequate
security, psychiatric, nursing and other services to persons
under ORS 426.232 or 426.233.
  (g) 'Prehearing period of detention' means a period of time
calculated from the initiation of custody during which a person
may be detained under ORS 426.228, 426.231, 426.232 or 426.233.
  (2) Whenever a community mental health program director,
director of the facility, superintendent of a state hospital or
administrator of a facility is referred to, the reference
includes any designee such person has designated to act on the
person's behalf in the exercise of duties.
  SECTION 74. ORS 426.330 is amended to read:
  426.330. (1) The special funds authorized for the use of the
superintendents of the Oregon State Hospital  { - , - }  { +  and
 + }the Blue Mountain Recovery Center   { - and the Eastern
Oregon Training Center - } to better enable them promptly to meet
the advances and expenses necessary in the matter of transferring
patients to the state hospitals are continued in existence. The
superintendents shall present their claims monthly with vouchers
that show the expenditures from the special funds during the
preceding month { + . + }
  { - to: - }
    { - (a) The Oregon Health Authority for the transfer of
patients to the Oregon State Hospital or the Blue Mountain
Recovery Center; and - }
    { - (b) The Department of Human Services for the transfer of
patients to the Eastern Oregon Training Center. - }
  (2) Against the fund appropriated to cover the cost of
transporting patients, the State Treasurer shall pay  { - : - }
    { - (a) - }  the claims of the superintendents of the Oregon
State Hospital and the Blue Mountain Recovery Center that have
been approved by the Oregon Health Authority { + . + }  { - ;
and - }
    { - (b) The claims of the superintendent of the Eastern
Oregon Training Center that have been approved by the Department
of Human Services. - }
  SECTION 75. ORS 427.061 is amended to read:
  427.061. (1) If any   { - mentally retarded - }  person is
admitted to and detained in a state training center under ORS
427.255, the Department of Human Services shall charge to and
collect from appropriate persons the costs in the same manner as
it would for other residents of the state training center under
the provisions of ORS 179.610 to 179.770.
  (2) If any person is adjudged   { - mentally retarded - }  { +
to have an intellectual disability + } as provided by ORS
427.255, and the person receives care, treatment and training in
a state training center, the person, or other persons or agencies
legally responsible for the support of the person, may be
required to pay the cost of the care of the person at the state
training center, as provided by ORS 179.610 to 179.770.
  SECTION 76. ORS 427.215 is amended to read:
  427.215.   { - As used in - }  { +  For the purposes of + } ORS
 { - 427.061 and - } 427.235 to 427.290,   { - unless the context
requires otherwise, ' mentally retarded person' applies only to a
person who, because of mental retardation, is or is alleged to
be - }  { +  a person with an intellectual disability is in need
of commitment for residential care, treatment and training if the
person is  + }either:
  (1) Dangerous to self or others; or
  (2) Unable to provide for  { + the person's + } basic personal
needs and  { + is + } not receiving care as is necessary for the
health, safety or habilitation of the person.
  SECTION 77. ORS 427.235 is amended to read:
  427.235. (1) Any two persons may notify the   { - judge of
the - } court having probate jurisdiction for the county or the
circuit court, if it is not the probate court but its
jurisdiction has been extended to include commitment of   { - the
mentally retarded - }  { +  a person with an intellectual
disability + } under ORS 3.275, that a person within the county
 { - is a mentally retarded person - }  { +  has an intellectual
disability and is + } in need of commitment for residential care,
treatment and training. Such notice shall be in writing and sworn
to before an officer qualified to administer an oath and shall
set forth the facts sufficient to show the need for
investigation. The circuit court shall forward notice to the
community developmental disabilities program director in the
county if it finds the notice sufficient to show the need for
investigation. The director or the designee of the director shall
immediately investigate to determine whether the person   { - is
in fact a mentally retarded person - }  { +  has an intellectual
disability and is in need of commitment for residential care,
treatment and training + }. However, if the petition for
commitment is from a state training center, the duties of the
community developmental disabilities program director under ORS
427.235 to   { - 427.270, 427.280 and 427.285 - }  { +
427.290 + } shall be the responsibility of the superintendent of
the state training center or the designee of the superintendent.
  (2) Any person who acts in good faith shall not be held civilly
liable for making of the notification under subsection (1) of
this section.
  (3) Any investigation conducted by the community developmental
disabilities program director or the designee of the director
under subsection (1) of this section shall commence with an
interview or examination of the   { - allegedly mentally
retarded - } person { +  alleged to have an intellectual
disability + }, where possible, in the home of the
 { - allegedly mentally retarded - }  person or other place
familiar to the   { - allegedly mentally retarded - }  person.
Further investigation if warranted shall include a diagnostic
evaluation   { - as defined in ORS 427.105 - }  { +  in
accordance with Department of Human Services rules and ORS
427.104 + } and may also include interviews with the
 { - allegedly mentally retarded - }  person's relatives,
neighbors, teachers and physician. The investigation shall also
determine if any alternatives to commitment are available. The
investigator shall also determine and recommend to the court
whether the person is incapacitated and in need of a guardian or
conservator.
  (4) The investigation report shall be submitted to the court
within 30 days of receipt of notice from the court. A copy of the
investigation report and diagnostic evaluation, if any, shall
also be made available to the   { - Developmental Disability
Diagnosis and Evaluation Service and to the allegedly mentally
retarded - }  person  { +  alleged to have an intellectual
disability + } and,   { - where the allegedly mentally
retarded - }  { +  if the + } person is a minor or incapacitated,
to the parents  { + or guardian + } of the   { - allegedly
mentally retarded - }  person   { - or guardian - }  as soon as
possible after its completion but in any case prior to a hearing
held under ORS 427.245.
  (5) Any person conducting   { - an - }   { + a diagnostic + }
evaluation or  { + an + } investigation under this section shall
in no way be held civilly liable for conducting the investigation
or performing the
  { - diagnostic - }  evaluation.
  (6) If requested by a person conducting an investigation under
this section, a physician who has examined the   { - allegedly
mentally retarded - }  person  { + alleged to have an
intellectual disability + } may, with patient authorization or in
response to a court order, provide any relevant information the
physician has regarding the   { - allegedly mentally retarded - }
person { +  alleged to have an intellectual disability + }.
  SECTION 78. ORS 427.245 is amended to read:
  427.245. (1) If the court, following receipt of an
investigation report under ORS 427.235, concludes that there is
probable cause to believe that the subject of the investigation
  { - is in fact a mentally retarded person - }  { +  has an
intellectual disability and is in need of commitment for
residential care, treatment and training + }, it shall, through
the issuance of a citation as provided in subsection (2) of this
section, cause the person to be brought before it at such time
and place as it may direct for a hearing to determine whether the
person   { - is mentally retarded - }  { +  has an intellectual
disability and is in need of commitment for residential care,
treatment and training + }. The person shall be given the
opportunity to appear at the hearing. If the person is detained
pursuant to ORS 427.255, the court shall hold the hearing within
seven judicial days.
  (2) Upon a determination under subsection (1) of this section
that probable cause exists to believe that the person   { - is in
fact a mentally retarded person - }  { +  has an intellectual
disability and is in need of commitment for residential care,
treatment and training + }, the   { - judge - }   { + court + }
shall cause a citation to issue to the person or, if the person
is a minor or incapacitated, to the parent or legal guardian of
the person. The citation shall state the specific reasons the
person is believed to be   { - mentally retarded - }  { +  in
need of commitment for residential care, treatment and
training + }. The citation shall also contain a notice of the
time and place of the commitment hearing, the right to legal
counsel, the right to have legal counsel appointed if the person
is unable to afford legal counsel, the right to have legal
counsel appointed immediately if so requested, the right to
subpoena witnesses in behalf of the person to testify at the
hearing, the right to cross-examine all witnesses and such other
information as the court may direct. The citation shall be served
on the person by the community developmental disabilities program
director or the designee of the director delivering a duly
certified copy of the original to the person prior to the
hearing. The person, the parents of the person or the legal
guardian of the person shall have the opportunity to consult with
legal counsel prior to being brought before the court. The
community developmental disabilities program director or the
designee of the director shall advise the person of the purpose
of the citation and the possible consequences of the proceeding.
  SECTION 79. ORS 427.255 is amended to read:
  427.255. (1) If the court finds that there is probable cause to
believe that  { + the + } failure to take   { - an allegedly
mentally retarded - }  { +  into custody pending an investigation
or hearing a + } person   { - into custody pending an
investigation or hearing - }   { + alleged to have an
intellectual disability and be in need of commitment for
residential care, treatment and training + } would pose an
imminent and serious danger to the person or to others, the
  { - judge - }  { +  court + } may issue a warrant of detention
to either the community developmental disabilities program
director or the sheriff of the county directing that the
 { - person - }  { +  director, the sheriff + } or the designee
of the   { - person - }  { +  director or sheriff + } take the
 { - allegedly mentally retarded - }  person into custody and
produce the   { - mentally retarded - }  person at the time and
place stated in the warrant. At the time the person is taken into
custody, the   { - person taking the person into custody - }
 { +  custodian + } shall advise the
  { - allegedly mentally retarded - }  person or, if the
 { - allegedly mentally retarded - }  person is incapacitated or
a minor, the parents or guardian of the   { - allegedly mentally
retarded - }  person of the person's right to counsel, to have
legal counsel appointed if the
  { - allegedly mentally retarded - }  person is unable to afford
legal counsel, and, if requested, to have legal counsel appointed
immediately.
  (2) A person taken into custody under subsection (1) of this
section shall be provided all care, custody, evaluation and
treatment required for the mental and physical health and safety
of the person and the director of the facility retaining custody
shall report any care, custody, evaluation or treatment provided
the person to the court as required by ORS 427.280. Any
diagnostic evaluation performed on such person shall be
consistent with Department of Human Services rules and ORS
 { - 427.105 - }  { +  427.104 + }. Any prescription or
administration of drugs shall be the sole responsibility of the
treating physician. The   { - allegedly mentally retarded - }
person shall have the right to the least hazardous treatment
procedures while in custody, and the treating physician shall be
notified immediately of the use of any mechanical restraints on
the person. A note of each use of mechanical restraint and the
reasons therefor shall be made a part of the person's clinical
record over the signature of the treating physician.
  SECTION 80. ORS 427.265 is amended to read:
  427.265. (1) At the time   { - the allegedly mentally
retarded - }  { +  that a + } person  { + who is alleged to have
an intellectual disability and to be in need of commitment for
residential care, treatment and training + } is brought before
the court, the court shall advise the person of the reason for
being brought before the court, the nature of the proceedings and
the possible results of the proceedings. The court shall also
advise the   { - allegedly mentally retarded - }  person of the
right to subpoena witnesses and to suitable legal counsel
possessing skills and experience commensurate with the nature of
the allegations and complexity of the case during the
proceedings, and that if the person does not have funds with
which to retain suitable legal counsel, the court shall appoint
such legal counsel to represent the person. If the
  { - allegedly mentally retarded - }  person does not request
legal counsel, the legal guardian, relative or friend may request
the assistance of legal counsel on behalf of the person.
  (2) If no request for legal counsel is made, the court shall
appoint suitable legal counsel.
  (3) If the person is unable to afford legal counsel, the court,
if the matter is before a county or justice court, or the public
defense services executive director, if the matter is before the
circuit court, shall determine and allow, as provided in ORS
135.055, the reasonable expenses of the person and compensation
for legal counsel. The expenses and compensation so allowed by a
county court shall be paid by the county of residence of the
 { - allegedly mentally retarded - }  person. The expenses and
compensation determined by the public defense services executive
director shall be paid by the public defense services executive
director from funds available for the purpose. In all cases legal
counsel shall be present at the hearing and may examine all
witnesses offering testimony, and otherwise represent the person.
  (4)   { - If the allegedly mentally retarded person, the legal
counsel, parent, guardian, an examiner or the court requests, - }
The court may, for good cause, postpone the hearing for not more
than 72 hours   { - in order - }  to allow preparation for the
hearing  { - . The court may, for good cause, - }  { +  and + }
order the continuation of detention authorized under ORS 427.255
 { - , - }  during a postponement { + , if requested by the
person, the legal counsel, parent or guardian of the person or an
examiner or on the court's own motion + }.
  SECTION 81. ORS 427.270 is amended to read:
  427.270. (1) The examining facility conducting the diagnostic
evaluation shall make its report in writing to the court. Where
components of the diagnostic evaluation have been performed
within the previous year according to Department of Human
Services rules and ORS   { - 427.105 - }  { +  427.104 + }, and
the records of the evaluation are available to the examining
facility pursuant to ORS 179.505 and department rules, the
results of such evaluation may be introduced in court in lieu of
repetition of those components by the examining facility. If the
facility finds, and shows by its report, that the person examined
 { - is a mentally retarded person - }  { +  has an intellectual
disability and is in need of commitment for residential care,
treatment and training + }, the report shall include a
recommendation as to the type of treatment or training facility
  { - best calculated to habilitate - }  { +  most suitable
for + } the person. The report shall also advise the court
whether in the opinion of the examining facility the
 { - mentally retarded - }  person and, if the
  { - mentally retarded - }  person is a minor or incapacitated,
the parents or legal guardian of the   { - mentally retarded - }
person would cooperate with voluntary treatment or training and
whether the person would benefit either from voluntary treatment
or training or from appointment of a legal guardian or
conservator.
  (2)   { - If the allegedly mentally retarded - }   { + Upon
request by the + } person or the parent, legal guardian or legal
counsel of the
  { - allegedly mentally retarded - }  person   { - requests - }
, the   { - judge - }  { +  court + } shall appoint an additional
physician or psychologist, or both, to examine the person and
make separate reports in writing to the court. However, the court
shall not appoint more than one additional physician and one
additional psychologist to examine the person.
  SECTION 82. ORS 427.275 is amended to read:
  427.275. (1) Any physician or psychologist employed by the
  { - judge - }   { + court + } to make a diagnostic evaluation
of a person alleged to   { - be mentally retarded - }  { +  have
an intellectual disability and to be in need of commitment for
residential care, treatment and training + } shall be allowed a
fee as the court in its discretion determines reasonable for the
evaluation. The costs of the evaluation shall be paid by the
county of residence of the person or, if the person has no
residence within the state, by the county in which the person is
taken into custody. The county shall not be held responsible for
the costs of prior examinations or tests reported to the court,
or of diagnostic evaluations performed or arranged by the
community developmental disabilities program or Department of
Human Services.
  (2) Witnesses subpoenaed to give testimony shall receive the
same fees as are paid in criminal cases and are subject to
compulsory attendance in the same manner as provided in ORS
136.567 to 136.603. The attendance of out-of-state witnesses may
be secured in the same manner as provided in ORS 136.623 to
136.637. The party who subpoenas the witness or requests the
court to subpoena the witness is responsible for payment of the
cost of the subpoena and payment for the attendance of the
witness at a hearing. When the witness has been subpoenaed on
behalf of   { - an allegedly mentally retarded - }  { +  a + }
person who is represented by appointed counsel, the fees and
costs allowed for that witness shall be paid pursuant to ORS
135.055.
  SECTION 83. ORS 427.280 is amended to read:
  427.280. The   { - court shall be fully advised by the - }
community developmental disabilities program director or,
 { - when the - }  { +  if a + } person has been detained under
ORS 427.255,   { - by - }  the director of the facility retaining
custody of  { + a person alleged to have an intellectual
disability and to be in need of commitment for residential care,
treatment and training shall fully advise the court of + } all
treatment known to have been administered to the
  { - allegedly mentally retarded - }  person after a citation
has been issued to the person.
  SECTION 84. ORS 427.285 is amended to read:
  427.285. The investigator and other appropriate persons or
professionals as necessary shall appear at the hearing and
present the evidence. The   { - allegedly mentally retarded - }
person  { + alleged to have an intellectual disability and to be
in need of commitment for residential care, treatment and
training  + }shall have the right to cross-examine all witnesses,
the investigator and the representative.
  SECTION 85. ORS 427.290 is amended to read:
  427.290. After hearing all of the evidence, and reviewing the
findings of the investigation and other examiners, the court
shall determine whether the person   { - is mentally retarded - }
 { +  has an intellectual disability + } and because of
 { - mental retardation - }  { +  the intellectual disability + }
is either dangerous to self or others or is unable to provide for
the personal needs of the person and is not receiving care as is
necessary for the health, safety or habilitation of the person.
If in the opinion of the court the person   { - is not mentally
retarded - }  { +  in not in need of commitment for residential
care, treatment and training + }, the person shall be discharged
 { - forthwith - } . If in the opinion of the court the person
  { - is - }  { +  has + }, by clear and convincing evidence,
 { - mentally retarded - }  { +  an intellectual disability and
is in need of commitment for residential care, treatment and
training + }, the court may order as follows:
  (1) If the   { - mentally retarded - }  person can give
informed consent and is willing and able to participate in
treatment and training on a voluntary basis, and the court finds
that the person will do so, the court shall order release of the
person and dismiss the case.
  (2) If a relative, a friend or legal guardian of the
  { - mentally retarded - }  person requests that the relative,
friend or legal guardian be allowed to care for the
 { - mentally retarded - } person for a period of one year in a
place satisfactory to the
  { - judge - }   { + court + } and shows that the relative,
friend or legal guardian is able to care for the   { - mentally
retarded - }  person and that there are adequate financial
resources available for the care of the   { - mentally
retarded - }  person, the court may commit the
  { - mentally retarded - }  person and order that the
 { - mentally retarded - } person be conditionally released and
placed in the care and custody of the relative, friend or legal
guardian. The order may be revoked and the   { - mentally
retarded - }  person committed to the Department of Human
Services for the balance of the year whenever, in the opinion of
the court, it is in the best interest of the
  { - mentally retarded - }  person.
  (3) If in the opinion of the court voluntary treatment and
training or conditional release is not in the best interest of
the
  { - mentally retarded - }  person, the court may order the
commitment of the person to the department for care, treatment or
training. The commitment shall be for a period not to exceed one
year   { - with provisions for continuing commitment pursuant to
ORS 427.020 - } .
  (4) If in the opinion of the court the   { - mentally
retarded - } person may be incapacitated, the court may appoint a
legal guardian or conservator pursuant to ORS chapter 125. The
appointment of a guardian or conservator shall be a separate
order from the order of commitment.
  SECTION 86. ORS 427.295 is amended to read:
  427.295. If a person   { - determined by a court to be mentally
retarded appeals the determination or disposition based thereon,
and is determined to be financially eligible for appointed
counsel at state expense - }  { +  appeals a commitment order
issued under ORS 427.290 + }, the court, upon request of the
person or upon its own motion, shall appoint suitable legal
counsel to represent the person { +  if it finds that the person
is financially eligible for appointed counsel at state
expense + }. The compensation for legal counsel and costs and
expenses necessary to the appeal shall be determined and paid by
the public defense services executive director as provided in ORS
135.055 if the circuit court is the appellate court or as
provided in ORS 138.500 if the Court of Appeals or Supreme Court
is the appellate court. The compensation, costs and expenses so
allowed shall be paid as provided in ORS 138.500.
  SECTION 87. ORS 427.300 is amended to read:
  427.300. (1) The Department of Human Services may, at its
discretion, direct any   { - court-committed mentally
retarded - }  person  { +  with an intellectual disability who
has been committed under ORS 427.290 + } to the facility best
able to treat and train the person.  The authority of the
department on such matters shall be final.
  (2) At any time, for good cause and in the best interest of the
 { - mentally retarded - }  person, the department may decide to
transfer a resident from one facility to another or discharge a
resident as no longer in need of residential care, treatment or
training in a state training center. Fifteen days prior to
department action, the department shall notify the resident and
the parent, guardian or person entitled to custody of the
resident by certified mail of its decision. The notice shall
indicate the right of the aforementioned parties to appeal this
decision to the
  { - State Training Center Review Board - }  { +  department + }
in writing within 10 days after receipt of notice. Within 30 days
from the date the appeal is received by the department, the
 { - State Training Center Review Board - }  { +  department + }
shall hold a hearing at which the
  { - department and the - }  person having filed the appeal
shall present
  { - their - }  { +  the person's + } case { + . + }   { - and
shall communicate its recommendation to the Director of Human
Services pursuant to ORS 427.205 (4)(b); and - }  The director
shall communicate the decision of the director by certified mail
to the appealing party.
  (3) The department, pursuant to its rules, may delegate to a
community developmental disabilities program director the
responsibility for assignment of   { - mentally retarded - }
persons  { + with intellectual disabilities + } to suitable
facilities or transfer between such facilities under conditions
 { - which - }   { + that + } the department may define. Any
voluntary client or resident shall be released from the treating
or training facility within 15 business days of the request of
the client or resident for release, unless commitment procedures
are initiated under ORS 427.235.
  SECTION 88. ORS 427.306 is amended to read:
  427.306. (1)   { - No - }  { +  A + } person  { - , not
incarcerated upon a criminal charge, - }  who has been alleged or
adjudged   { - a mentally retarded person shall - }  { +  to have
an intellectual disability and to be in need of commitment for
residential care, treatment and training, but who is not
incarcerated on a criminal charge, may not + } be confined in any
prison, jail or other enclosure where those charged with a crime
or a violation of a municipal ordinance are incarcerated.
  (2)   { - No - }  { +  A + } person  { + who has been + }
alleged or adjudged   { - a mentally retarded person, - }  { +
to have an intellectual disability and to be in need of
commitment for residential care, treatment and training, but who
is + } not incarcerated on a criminal charge,
  { - shall - }   { + may not + } be confined without an
attendant in charge of the person. If  { + the person is + } not
confined in a community hospital, the community developmental
disabilities program director or sheriff having the person in
custody shall select some suitable person to act as attendant in
quarters suitable for the comfortable, safe and humane
confinement of the person. The person shall be detained in the
least restrictive setting consistent with the person's emotional
and physical needs and the protection of others.
  SECTION 89. ORS 427.330 is amended to read:
  427.330. As used in ORS 427.330 to 427.345:
  (1) 'Care provider' means an individual, family member or
entity that provides care.
  (2)  { - (a) - }  'Community housing' includes:
    { - (A) - }  { +  (a) + } Real property, including but not
limited to buildings, structures, improvements to real property
and related equipment, that is used or could be used to house and
provide care for individuals with   { - mental retardation - }
 { +  intellectual disabilities + } or other developmental
disabilities; and
    { - (B) - }  { +  (b) + } A single-family home or
multiple-unit residential housing that an individual with
 { - mental retardation or other - }   { + an intellectual
disability or another + } developmental disability shares with
other inhabitants, including but not limited to family members,
care providers or friends.

    { - (b) 'Community housing' does not include the Eastern
Oregon Training Center. - }
  (3) 'Construct' means to build, install, assemble, expand,
alter, convert, replace or relocate. 'Construct' includes to
install equipment and to prepare a site.
    { - (4) 'Developmental disability' means a disability
attributable to mental retardation, cerebral palsy, epilepsy or
other neurological handicapping condition or severe physical
impairment that requires training similar to that required by
persons with mental retardation, and the disability: - }
    { - (a) Originates before the person attains the age of 22
years; - }
    { - (b) Has continued or can be expected to continue
indefinitely; and - }
    { - (c) Constitutes a substantial handicap to the ability of
the person to function in society. - }
    { - (5) - }   { + (4) + } 'Equipment' means furnishings,
fixtures, appliances, special adaptive equipment or supplies that
are used or could be used to provide care in community housing.
    { - (6) - }   { + (5) + } 'Family member' means an individual
who is related by blood or marriage to an individual with
 { - mental retardation or other - }  { +  an intellectual
disability or another + } developmental disability.
    { - (7) - }   { + (6) + } 'Financial assistance' means a
grant or loan to pay expenses incurred to provide community
housing.
    { - (8) - }   { + (7) + } 'Housing provider' means an
individual or entity that provides community housing.
  SECTION 90. ORS 427.335 is amended to read:
  427.335. (1) The Department of Human Services may, through
contract or otherwise, acquire, purchase, receive, hold,
exchange, operate, demolish, construct, lease, maintain, repair,
replace, improve and equip community housing for the purpose of
providing care to individuals with   { - mental retardation - }
 { +  intellectual disabilities + } or other developmental
disabilities.
  (2) The department may dispose of community housing acquired
under subsection (1) of this section in a public or private sale,
upon such terms and conditions as the department considers
advisable to increase the quality and quantity of community
housing for individuals with   { - mental retardation - }  { +
intellectual disabilities + } or other developmental
disabilities. The department may include in any instrument
conveying fee title to community housing language that restricts
the use of the community housing to provide care for individuals
with   { - mental retardation - }  { +  intellectual
disabilities + } or other developmental disabilities.  Such
restriction is not a violation of ORS 93.270. Any instrument
conveying fee title to community housing under this subsection
shall provide that equipment in the community housing is a part
of and shall remain with the real property unless such equipment
was modified or designed specifically for an individual's use, in
which case such equipment shall follow the individual.
  (3) The department may provide financial assistance to a
housing provider or a care provider that wishes to provide
community housing for individuals with   { - mental
retardation - }  { +  intellectual disabilities + } or other
developmental disabilities under rules promulgated by the
department.
  (4) The department may transfer its ownership of equipment to
care providers.
  (5) When exercising the authority granted to the department
under this section, the department is not subject to ORS 276.900
to 276.915 or 279A.250 to 279A.290 or ORS chapters 270 and 273.
  SECTION 91. ORS 428.205 is amended to read:

  428.205. 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 - }  { + is + } eligible for care and treatment in
an institution of the State of Oregon irrespective of the
residence of the person, settlement or citizenship
qualifications.
  SECTION 92. ORS 428.210 is amended to read:
  428.210. 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) - }  { +  (1) + } 'Foreign hospital' means an
institution in any other state which corresponds to the
institutions defined in subsection   { - (8) - }   { + (6) + } of
this section.
    { - (4) - }  { +  (2) + } 'Nonresident' means any person who
is not a resident of this state as defined in subsection
 { - (7) - }   { + (5) + } of this section.
    { - (5) - }  { +  (3) + } '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) - }  { +  (4) + } '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) - }   { + (5) + } '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 - }  { +  child + } considered a resident of this
state so long as no other domicile is acquired by the service man
or woman.
    { - (8) - }  { +  (6) + } 'State hospital' means any
institution listed in ORS 426.010   { - or 427.010 - } .
  SECTION 93. ORS 428.220 is amended to read:
  428.220. (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) - }  { +  (2) + } 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) - }
 { +  (5) + }.
  SECTION 94. ORS 428.230 is amended to read:
  428.230. (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) - }  { +  (2) + } 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) - }  { +  (3) + } 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) - }  { +  (2) + } 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.
  SECTION 95. ORS 428.240 is amended to read:
  428.240.   { - (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) - }  { +  (1) + } 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) - }  { +  (2) + } 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) - }  { +  (5) + }.
  (b) Provide for the arbitration of disputes arising out of the
mutual exchange of such persons between this state and any other
state.
  SECTION 96. ORS 428.260 is amended to read:
  428.260. (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.
  SECTION 97. ORS 428.270 is amended to read:

  428.270. (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.
  SECTION 98. ORS 428.310 is amended to read:
  428.310. 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.
_________________________________________________________________

  SECTION 99. ORS 428.320 is amended to read:
  428.320.   { - (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.
  SECTION 100. ORS 430.010 is amended to read:
  430.010. As used in ORS 430.010 to 430.050, 430.140 to 430.170,
430.265, 430.270 and 430.610 to 430.695:
    { - (1) 'Authority' means the Oregon Health Authority. - }
    { - (2) 'Department' means the Department of Human
Services. - }
   { +  (1) 'Developmental disability' has the meaning given that
term in ORS 427.005. + }
    { - (3) - }  { +  (2) + } 'Health facility' means a facility
licensed as required by ORS 441.015 or a facility accredited by
the Joint Commission on Accreditation of Hospitals, either of
which provides full-day or part-day acute treatment for
alcoholism, drug addiction or mental or emotional disturbance,
and is licensed to admit persons requiring 24-hour nursing care.
   { +  (3) 'Intellectual disability' has the meaning given that
term in ORS 427.005. + }
   { +  (4) 'Outpatient service' means:
  (a) A program or service providing treatment by appointment and
by:
  (A) Medical or osteopathic physicians licensed by the Oregon
Medical Board under ORS 677.010 to 677.450;
  (B) Psychologists licensed by the State Board of Psychologist
Examiners under ORS 675.010 to 675.150;
  (C) Nurse practitioners registered by the Oregon State Board of
Nursing under ORS 678.010 to 678.410;
  (D) Regulated social workers authorized to practice regulated
social work by the State Board of Licensed Social Workers under
ORS 675.510 to 675.600; or
  (E) Professional counselors or marriage and family therapists
licensed by the Oregon Board of Licensed Professional Counselors
and Therapists under ORS 675.715 to 675.835; or
  (b) A program or service providing treatment by appointment
that is licensed, approved, established, maintained, contracted
with or operated by the Oregon Health Authority under:
  (A) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
  (B) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
  (C) ORS 430.610 to 430.880 for mental or emotional
disturbances. + }
    { - (4) - }   { + (5) + } 'Residential facility' or 'day or
partial hospitalization program' means a program or facility
providing an organized full-day or part-day program of treatment.
Such a program or facility shall be licensed, approved,
established, maintained, contracted with or operated by the
authority under:
  (a) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
  (b) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
  (c) ORS 430.610 to 430.880 for mental or emotional
disturbances.
    { - (5) 'Outpatient service' means: - }
    { - (a) A program or service providing treatment by
appointment and by: - }
    { - (A) Medical or osteopathic physicians licensed by the
Oregon Medical Board under ORS 677.010 to 677.450; - }
    { - (B) Psychologists licensed by the State Board of
Psychologist Examiners under ORS 675.010 to 675.150; - }
    { - (C) Nurse practitioners registered by the Oregon State
Board of Nursing under ORS 678.010 to 678.410; - }
    { - (D) Regulated social workers authorized to practice
regulated social work by the State Board of Licensed Social
Workers under ORS 675.510 to 675.600; or - }
    { - (E) Professional counselors or marriage and family
therapists licensed by the Oregon Board of Licensed Professional
Counselors and Therapists under ORS 675.715 to 675.835; or - }
    { - (b) A program or service providing treatment by
appointment that is licensed, approved, established, maintained,
contracted with or operated by the authority under: - }
    { - (A) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism; - }
    { - (B) ORS 430.265 to 430.380, 430.405 to 430.565 and
430.610 to 430.880 for drug addiction; or - }
    { - (C) ORS 430.610 to 430.880 for mental or emotional
disturbances. - }
  SECTION 101. ORS 430.021 is amended to read:
  430.021. Subject to ORS 417.300 and 417.305:
  (1) The Department of Human Services shall:
  (a) Direct, promote, correlate and coordinate all the
activities, duties and direct services for persons with
 { - mental retardation - }   { + intellectual disabilities
 + }or developmental disabilities.
  (b) Promote, correlate and coordinate the developmental
disabilities activities of all governmental organizations
throughout the state in which there is any direct contact with
developmental disabilities programs.
  (c) Establish, coordinate, assist and direct a community
developmental disabilities program in cooperation with local
government units and integrate such a program with the state
developmental disabilities program.
  (d) Promote public education in this state concerning
developmental disabilities and act as the liaison center for work
with all interested public and private groups and agencies in the
field of developmental   { - disabilities - }
 { + disability + } services.
  (2) The Oregon Health Authority shall:
  (a) Direct, promote, correlate and coordinate all the
activities, duties and direct services for persons with mental or
emotional disturbances, alcoholism or drug dependence.
  (b) Promote, correlate and coordinate the mental health
activities of all governmental organizations throughout the state
in which there is any direct contact with mental health programs.
  (c) Establish, coordinate, assist and direct a community mental
health program in cooperation with local government units and
integrate such a program with the state mental health program.
  (d) Promote public education in this state concerning mental
health and act as the liaison center for work with all interested
public and private groups and agencies in the field of mental
health services.
  (3) The department and the authority shall develop cooperative
programs with interested private groups throughout the state to
effect better community awareness and action in the fields of
mental health and developmental disabilities, and encourage and
assist in all necessary ways community general hospitals to
establish psychiatric services.
  (4) To the greatest extent possible, the least costly settings
for treatment, outpatient services and residential facilities
shall be widely available and utilized except when
contraindicated because of individual health care needs. State
agencies that purchase treatment for mental or emotional
disturbances shall develop criteria consistent with this policy.
In reviewing applications for certificates of need, the Director
of the Oregon Health Authority shall take this policy into
account.
  (5) The department and the authority shall accept the custody
of persons committed to its care by the courts of this state.
  (6) The authority shall adopt rules to require a facility and a
nonhospital facility as those terms are defined in ORS 426.005,
and a provider that employs a person described in ORS 426.415, if
subject to authority rules regarding the use of restraint or
seclusion during the course of mental health treatment of a child
or adult, to report to the authority each calendar quarter the
number of incidents involving the use of restraint or seclusion.
The aggregate data shall be made available to the public.
  SECTION 102. ORS 430.205 is amended to read:
  430.205. As used in this section and ORS 430.210:
  (1) 'Facility' means any of the following that are licensed or
certified by the Department of Human Services or the Oregon
Health Authority or that contract with the department or
authority for the provision of services:
  (a) A health care facility as defined in ORS 442.015;
  (b) A domiciliary care facility as defined in ORS 443.205;
  (c) A residential facility as defined in ORS 443.400; or
  (d) An adult foster home as defined in ORS 443.705.
  (2) 'Person' means an individual who has a mental illness
  { - or developmental disability - }  and receives services from
a program or facility.
  (3) 'Program' means a community mental health program   { - or
a community developmental disabilities program - }  as described
in ORS 430.610 to 430.695 and agencies with which the program
contracts to provide services.

  (4) 'Services' means mental health services   { - or
developmental disabilities services - }  provided under ORS
430.630.
  SECTION 103. ORS 430.210 is amended to read:
  430.210. (1) While receiving services, every person shall have
the right to:
  (a) Choose from available services those which are appropriate,
consistent with the plan developed in accordance with paragraphs
(b) and (c) of this subsection and provided in a setting and
under conditions that are least restrictive to the person's
liberty, that are least intrusive to the person and that provide
for the greatest degree of independence.
  (b) An individualized written service plan, services based upon
that plan and periodic review and reassessment of service needs.
  (c) Ongoing participation in planning of services in a manner
appropriate to the person's capabilities, including the right to
participate in the development and periodic revision of the plan
described in paragraph (b) of this subsection, and the right to
be provided with a reasonable explanation of all service
considerations.
  (d) Not receive services without informed voluntary written
consent except in a medical emergency or as otherwise permitted
by law.
  (e) Not participate in experimentation without informed
voluntary written consent.
  (f) Receive medication only for the person's individual
clinical needs.
  (g) Not be involuntarily terminated or transferred from
services without prior notice, notification of available sources
of necessary continued services and exercise of a grievance
procedure.
  (h) A humane service environment that affords reasonable
protection from harm, reasonable privacy and daily access to
fresh air and the outdoors, except that such access may be
limited when it would create significant risk of harm to the
person or others.
  (i) Be free from abuse or neglect and to report any incident of
abuse without being subject to retaliation.
  (j) Religious freedom.
  (k) Not be required to perform labor, except personal
housekeeping duties, without reasonable and lawful compensation.
  (L) Visit with family members, friends, advocates and legal and
medical professionals.
    { - (m) Exercise all rights set forth in ORS 427.031 if the
individual is committed to the Department of Human Services. - }
    { - (n) - }  { +  (m) + } Exercise all rights set forth in
ORS 426.385 if the individual is committed to the Oregon Health
Authority.
    { - (o) - }  { +  (n) + } Be informed at the start of
services and periodically thereafter of the rights guaranteed by
this section and the procedures for reporting abuse, and to have
these rights and procedures, including the name, address and
telephone number of the system described in ORS 192.517 (1),
prominently posted in a location readily accessible to the person
and made available to the person's guardian and any
representative designated by the person.
    { - (p) - }  { +  (o) + } Assert grievances with respect to
infringement of the rights described in this section, including
the right to have such grievances considered in a fair, timely
and impartial grievance procedure.
    { - (q) - }  { +  (p) + } Have access to and communicate
privately with any public or private rights protection program or
rights advocate.
    { - (r) - }  { +  (q) + } Exercise all rights described in
this section without any form of reprisal or punishment.

    { - (2) An individual who is receiving developmental
disability services under ORS 430.630 has the right to be
informed and have the individual's guardian and any
representative designated by the individual be informed that a
family member has contacted the Department of Human Services to
determine the location of the individual, and to be informed of
the name and contact information, if known, of the family
member. - }
    { - (3) - }  { +  (2) + } The rights described in this
section are in addition to, and do not limit, all other statutory
and constitutional rights which are afforded all citizens
including, but not limited to, the right to vote, marry, have or
not have children, own and dispose of property, enter into
contracts and execute documents.
    { - (4) - }  { +  (3) + } The rights described in this
section may be asserted and exercised by the person, the person's
guardian and any representative designated by the person.
    { - (5) - }  { +  (4) + } Nothing in this section may be
construed to alter any legal rights and responsibilities between
parent and child.
  SECTION 104. ORS 430.212 is amended to read:
  430.212. (1) The Department of Human Services shall establish a
process by rule that implements the reconnection of family
members with an individual with a developmental disability as
defined in ORS   { - 427.330 - }  { +  427.005 + }.
  (2) The rules adopted under subsection (1) of this section
shall include a process that provides guidance for the release of
information about the individual to family members when:
  (a) The individual is incapable of providing consent for the
release of information;
  (b) The individual does not have a guardian or any
representative designated by the individual who is authorized to
release information; and
  (c) The release of information is in the best interests of the
individual as determined by the department.
  SECTION 105. ORS 430.215 is amended to read:
  430.215. (1) The Department of Human Services shall be
responsible for planning, policy development, administration and
delivery of services to children with developmental disabilities
and their families. Services to children with developmental
disabilities may include, but are not limited to, case
management, family support { +  services + }, crisis and
diversion services, intensive in-home services, and residential
and foster care services.
  (2) The Oregon Health Authority shall be responsible for
psychiatric residential and day treatment services for children
with mental or emotional disturbances.
  SECTION 106. ORS 430.216 is amended to read:
  430.216. (1) The Department of Human Services shall report to
each regular session of the Legislative Assembly:
  (a) On the safety of individuals receiving developmental
disability services including, but not limited to:
  (A) The average turnover of direct care workers in service
settings.
  (B) A summary of the training provided by the department or its
contractors to direct care workers in service settings.
  (C) A summary of the core competencies required of direct care
workers in service settings by the state for licensing or
certification.
  (D) A summary of the average wages of direct care workers in
service settings, presented by type of services provided.
  (E) The number of complaints of abuse filed as required by ORS
430.765 and received by the department under ORS 430.743,
reported by type of allegation.

  (F) The number of direct care workers in service settings who
were subject to criminal or civil action involving an individual
with a developmental disability.
  (G) The number of deaths, serious injuries, sexual assaults and
rapes alleged to have occurred in service settings.
  (b) A schedule of all license fees and civil penalties
established by the department by rule pursuant to ORS 441.995,
443.455 and 443.790.
  (2) The department shall provide the report described in
subsection (1)(a) of this section to the appropriate legislative
committees, the Oregon Developmental Disabilities Council and to
the agency designated to administer the state protection and
advocacy system under ORS 192.517.
  (3) As used in this section, 'service settings' means any of
the following that provide developmental disability services:
  (a) An adult foster home as defined in ORS 443.705;
  (b) A residential facility as defined in ORS 443.400;
  (c) A location where home health services, as defined in ORS
443.005, are received by a resident;
  (d) A location where in-home care services, as defined in ORS
443.305, are received by a resident;  { + and + }
    { - (e) An institution under the control of the department
under ORS 179.321; and - }
    { - (f) - }   { + (e) + } A domiciliary care facility as
defined in ORS 443.205.
  SECTION 107. ORS 430.610 is amended to read:
  430.610. It is declared to be the policy and intent of the
Legislative Assembly that:
  (1) Subject to the availability of funds, services should be
available to all persons with mental or emotional disturbances,
  { - mental retardation - }  { +  intellectual disabilities + },
developmental disabilities, alcoholism or drug dependence, and
persons who are alcohol or drug abusers, regardless of age,
county of residence or ability to pay;
  (2) The Department of Human Services, the Oregon Health
Authority and other state agencies shall conduct their activities
in the least costly and most efficient manner so that delivery of
services to persons with mental or emotional disturbances,
 { - mental retardation - }  { +  intellectual disabilities + },
developmental disabilities, alcoholism or drug dependence, and
persons who are alcohol or drug abusers, shall be effective and
coordinated;
  (3) To the greatest extent possible, mental health and
developmental   { - disabilities - }   { + disability + }
services shall be delivered in the community where the person
lives in order to achieve maximum coordination of services and
minimum disruption in the life of the person; and
  (4) The State of Oregon shall encourage, aid and financially
assist its county governments in the establishment and
development of community mental health programs or community
developmental disabilities programs, including but not limited
to, treatment and rehabilitation services for persons with mental
or emotional disturbances,   { - mental retardation - }  { +
intellectual disabilities + }, developmental disabilities,
alcoholism or drug dependence, and persons who are alcohol or
drug abusers, and prevention of these problems through county
administered community mental health programs or community
developmental disabilities programs.
  SECTION 108. ORS 430.632 is amended to read:
  430.632. A local mental health authority shall submit to the
Oregon Health Authority by October 1 of each even-numbered year a
report on the implementation of the comprehensive local plan
adopted under ORS 430.630   { - (11) - }  { +  (10) + }.
  SECTION 109. ORS 430.632, as amended by section 24, chapter
856, Oregon Laws 2009, is amended to read:

  430.632. A local mental health authority shall submit to the
Oregon Health Authority by October 1 of each even-numbered year a
report on the implementation of the comprehensive local plan
adopted under ORS 430.630   { - (10) - }  { +  (9) + }.
  SECTION 110. ORS 430.640 is amended to read:
  430.640. (1) The Oregon Health Authority, in carrying out the
legislative policy declared in ORS 430.610, subject to the
availability of funds, shall:
  (a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community mental health programs
operated or contracted for by one or more counties.
  (b) If a county declines to operate or contract for a community
mental health program, contract with another public agency or
private corporation to provide the program. The county must be
provided with an opportunity to review and comment.
  (c) In an emergency situation when no community mental health
program is operating within a county or when a county is unable
to provide a service essential to public health and safety,
operate the program or service on a temporary basis.
  (d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community mental
health program in the same manner in which the authority
contracts with a county court or board of county commissioners.
  (e) If a county agrees, contract with a public agency or
private corporation for all services within one or more of the
following program areas:
  (A) Mental or emotional disturbances.
  (B) Drug abuse.
  (C) Alcohol abuse and alcoholism.
  (f) Approve or disapprove the biennial plan and budget
information for the establishment and operation of each community
mental health program. Subsequent amendments to or modifications
of an approved plan or budget information involving more than 10
percent of the state funds provided for services under ORS
430.630 may not be placed in effect without prior approval of the
authority. However, an amendment or modification affecting 10
percent or less of state funds for services under ORS 430.630
within the portion of the program for persons with mental or
emotional disturbances or within the portion for persons with
alcohol or drug dependence may be made without authority
approval.
  (g) Make all necessary and proper rules to govern the
establishment and operation of community mental health programs,
including adopting rules defining the range and nature of the
services which shall or may be provided under ORS 430.630.
  (h) Collect data and evaluate services in the state hospitals
in accordance with the same methods prescribed for community
mental health programs under ORS 430.665.
  (i) Develop guidelines that include, for the development of
comprehensive local plans in consultation with local mental
health authorities:
  (A) The use of integrated services;
  (B) The outcomes expected from services and programs provided;
  (C) Incentives to reduce the use of state hospitals;
  (D) Mechanisms for local sharing of risk for state
hospitalization;
  (E) The provision of clinically appropriate levels of care
based on an assessment of the mental health needs of consumers;
  (F) The transition of consumers between levels of care; and
  (G) The development, maintenance and continuation of older
adult mental health programs with mental health professionals
trained in geriatrics.
  (j) Work with local mental health authorities to provide
incentives for community-based care whenever appropriate while
simultaneously ensuring adequate statewide capacity.
  (k) Provide technical assistance and information regarding
state and federal requirements to local mental health authorities
throughout the local planning process required under ORS 430.630
  { - (11) - }  { +  (10) + }.
  (L) Provide incentives for local mental health authorities to
enhance or increase vocational placements for adults with mental
health needs.
  (m) Develop or adopt nationally recognized system-level
performance measures, linked to the Oregon Benchmarks, for
state-level monitoring and reporting of mental health services
for children, adults and older adults, including but not limited
to quality and appropriateness of services, outcomes from
services, structure and management of local plans, prevention of
mental health disorders and integration of mental health services
with other needed supports.
  (n) Develop standardized criteria for each level of care
described in ORS 430.630   { - (11) - }  { +  (10) + }, including
protocols for implementation of local plans, strength-based
mental health assessment and case planning.
  (o) Develop a comprehensive long-term plan for providing
appropriate and adequate mental health treatment and services to
children, adults and older adults that is derived from the needs
identified in local plans, is consistent with the vision, values
and guiding principles in the Report to the Governor from the
Mental Health Alignment Workgroup, January 2001, and addresses
the need for and the role of state hospitals.
  (p) Report biennially to the Governor and the Legislative
Assembly on the progress of the local planning process and the
implementation of the local plans adopted under ORS 430.630
  { - (11)(b) - }  { +  (10)(b) + } and the state planning
process described in paragraph (o) of this subsection, and on the
performance measures and performance data available under
paragraph (m) of this subsection.
  (q) On a periodic basis, not to exceed 10 years, reevaluate the
methodology used to estimate prevalence and demand for mental
health services using the most current nationally recognized
models and data.
  (r) Encourage the development of regional local mental health
authorities comprised of two or more boards of county
commissioners that establish or operate a community mental health
program.
  (2) The Oregon Health Authority may provide technical
assistance and other incentives to assist in the planning,
development and implementation of regional local mental health
authorities whenever the Oregon Health Authority determines that
a regional approach will optimize the comprehensive local plan
described under ORS 430.630   { - (11) - }  { +  (10) + }.
  (3) The Department of Human Services in carrying out the
legislative policy declared in ORS 430.610, subject to the
availability of funds, shall:
  (a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community developmental
disabilities programs operated or contracted for by one or more
counties.
  (b) If a county declines to operate or contract for a community
developmental disabilities program, contract with another public
agency or private corporation to provide the program. The county
must be provided with an opportunity to review and comment.
  (c) In an emergency situation when no community developmental
disabilities program is operating within a county, operate the
program or service on a temporary basis.
  (d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community
developmental disabilities program in the same manner in which

the department contracts with a county court or board of county
commissioners.
  (e) If a county agrees, contract with a public agency or
private corporation for all developmental   { - disabilities - }
 { + disability + } services.
    { - (f) Operate a program or contract with another entity to
operate a program to provide mental retardation and other
developmental disabilities services required by ORS 430.630 if a
local mental health authority, as defined in ORS 430.630,
declines to provide or contract for the provision of mental
retardation and other developmental disabilities services. - }
    { - (g) - }  { +  (f) + } Approve or disapprove the biennial
plan and budget information for the establishment and operation
of each community developmental disabilities program. Subsequent
amendments to or modifications of an approved plan or budget
information involving more than 10 percent of the state funds
provided for services under ORS 430.630 may not be placed in
effect without prior approval of the department. However, an
amendment or modification affecting 10 percent or less of state
funds for services under ORS 430.630 within the portion of the
program for persons with developmental disabilities may be made
without department approval.
    { - (h) - }  { +  (g) + } Make all necessary and proper rules
to govern the establishment and operation of community
developmental disabilities programs.
  (4) The enumeration of duties and functions in subsections (1)
and (2) of this section shall not be deemed exclusive nor
construed as a limitation on the powers and authority vested in
the department or the authority by other provisions of law.
  SECTION 111. ORS 430.640, as amended by section 25, chapter
856, Oregon Laws 2009, is amended to read:
  430.640. (1) The Oregon Health Authority, in carrying out the
legislative policy declared in ORS 430.610, subject to the
availability of funds, shall:
  (a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community mental health programs
operated or contracted for by one or more counties.
  (b) If a county declines to operate or contract for a community
mental health program, contract with another public agency or
private corporation to provide the program. The county must be
provided with an opportunity to review and comment.
  (c) In an emergency situation when no community mental health
program is operating within a county or when a county is unable
to provide a service essential to public health and safety,
operate the program or service on a temporary basis.
  (d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community mental
health program in the same manner in which the authority
contracts with a county court or board of county commissioners.
  (e) If a county agrees, contract with a public agency or
private corporation for all services within one or more of the
following program areas:
  (A) Mental or emotional disturbances.
  (B) Drug abuse.
  (C) Alcohol abuse and alcoholism.
  (f) Approve or disapprove the biennial plan and budget
information for the establishment and operation of each community
mental health program. Subsequent amendments to or modifications
of an approved plan or budget information involving more than 10
percent of the state funds provided for services under ORS
430.630 may not be placed in effect without prior approval of the
authority. However, an amendment or modification affecting 10
percent or less of state funds for services under ORS 430.630
within the portion of the program for persons with mental or
emotional disturbances or within the portion for persons with
alcohol or drug dependence may be made without authority
approval.
  (g) Make all necessary and proper rules to govern the
establishment and operation of community mental health programs,
including adopting rules defining the range and nature of the
services which shall or may be provided under ORS 430.630.
  (h) Collect data and evaluate services in the state hospitals
in accordance with the same methods prescribed for community
mental health programs under ORS 430.665.
  (i) Develop guidelines that include, for the development of
comprehensive local plans in consultation with local mental
health authorities:
  (A) The use of integrated services;
  (B) The outcomes expected from services and programs provided;
  (C) Incentives to reduce the use of state hospitals;
  (D) Mechanisms for local sharing of risk for state
hospitalization;
  (E) The provision of clinically appropriate levels of care
based on an assessment of the mental health needs of consumers;
  (F) The transition of consumers between levels of care; and
  (G) The development, maintenance and continuation of older
adult mental health programs with mental health professionals
trained in geriatrics.
  (j) Work with local mental health authorities to provide
incentives for community-based care whenever appropriate while
simultaneously ensuring adequate statewide capacity.
  (k) Provide technical assistance and information regarding
state and federal requirements to local mental health authorities
throughout the local planning process required under ORS 430.630
  { - (10) - }  { +  (9) + }.
  (L) Provide incentives for local mental health authorities to
enhance or increase vocational placements for adults with mental
health needs.
  (m) Develop or adopt nationally recognized system-level
performance measures, linked to the Oregon Benchmarks, for
state-level monitoring and reporting of mental health services
for children, adults and older adults, including but not limited
to quality and appropriateness of services, outcomes from
services, structure and management of local plans, prevention of
mental health disorders and integration of mental health services
with other needed supports.
  (n) Develop standardized criteria for each level of care
described in ORS 430.630   { - (10) - }  { +  (9) + }, including
protocols for implementation of local plans, strength-based
mental health assessment and case planning.
  (o) Develop a comprehensive long-term plan for providing
appropriate and adequate mental health treatment and services to
children, adults and older adults that is derived from the needs
identified in local plans, is consistent with the vision, values
and guiding principles in the Report to the Governor from the
Mental Health Alignment Workgroup, January 2001, and addresses
the need for and the role of state hospitals.
  (p) Report biennially to the Governor and the Legislative
Assembly on the progress of the local planning process and the
implementation of the local plans adopted under ORS 430.630
  { - (10)(b) - }  { +  (9)(b) + } and the state planning process
described in paragraph (o) of this subsection, and on the
performance measures and performance data available under
paragraph (m) of this subsection.
  (q) On a periodic basis, not to exceed 10 years, reevaluate the
methodology used to estimate prevalence and demand for mental
health services using the most current nationally recognized
models and data.
  (r) Encourage the development of regional local mental health
authorities comprised of two or more boards of county

commissioners that establish or operate a community mental health
program.
  (2) The Oregon Health Authority may provide technical
assistance and other incentives to assist in the planning,
development and implementation of regional local mental health
authorities whenever the Oregon Health Authority determines that
a regional approach will optimize the comprehensive local plan
described under ORS 430.630   { - (10) - }  { +  (9) + }.
  (3) The Department of Human Services in carrying out the
legislative policy declared in ORS 430.610, subject to the
availability of funds, shall:
  (a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community developmental
disabilities programs operated or contracted for by one or more
counties.
  (b) If a county declines to operate or contract for a community
developmental disabilities program, contract with another public
agency or private corporation to provide the program. The county
must be provided with an opportunity to review and comment.
  (c) In an emergency situation when no community developmental
disabilities program is operating within a county, operate the
program or service on a temporary basis.
  (d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community
developmental disabilities program in the same manner in which
the department contracts with a county court or board of county
commissioners.
  (e) If a county agrees, contract with a public agency or
private corporation for all developmental   { - disabilities - }
 { + disability + } services.
    { - (f) Operate a program or contract with another entity to
operate a program to provide mental retardation and other
developmental disabilities services required by ORS 430.630 if a
local mental health authority, as defined in ORS 430.630,
declines to provide or contract for the provision of mental
retardation and other developmental disabilities services. - }
    { - (g) - }  { +  (f) + } Approve or disapprove the biennial
plan and budget information for the establishment and operation
of each community developmental disabilities program. Subsequent
amendments to or modifications of an approved plan or budget
information involving more than 10 percent of the state funds
provided for services under ORS 430.630 may not be placed in
effect without prior approval of the department. However, an
amendment or modification affecting 10 percent or less of state
funds for services under ORS 430.630 within the portion of the
program for persons with developmental disabilities may be made
without department approval.
    { - (h) - }  { +  (g) + } Make all necessary and proper rules
to govern the establishment and operation of community
developmental disabilities programs.
  (4) The enumeration of duties and functions in subsections (1)
and (2) of this section shall not be deemed exclusive nor
construed as a limitation on the powers and authority vested in
the department or the authority by other provisions of law.
  SECTION 112. ORS 430.670 is amended to read:
  430.670. (1) A community developmental disabilities program may
provide services by contracting with a public agency, private
corporation or individual. All elements of service provided for
in the contract shall be considered as a part of a community
developmental disabilities program for all purposes of ORS
430.610 to 430.695. Contracts authorized by this section shall
comply with rules adopted by the Department of Human Services.
  (2) A community mental health program may provide services by
contracting with a public agency, private corporation or
individual. All elements of service provided for in the contract
shall be considered as a part of a community mental health
program for all purposes of ORS 430.610 to 430.695. Contracts
authorized by this section shall comply with rules adopted by the
Oregon Health Authority.
  (3) A private corporation that contracts with a county, the
Department of Human Services or the Oregon Health Authority to
operate a community mental health program or community
developmental disabilities program shall provide an opportunity
for competition among private care providers when awarding
subcontracts for provision of services described in ORS 430.630
(1) to (3) { +  or (11) + }.
  (4) In keeping with the principles of family support expressed
in ORS 417.342 and notwithstanding subsection (3) of this section
or ORS 291.047 (3), an entity operating a community mental health
program or community developmental disabilities program may
purchase services for an individual from a service provider
without first providing an opportunity for competition among
other service providers if the service provider is selected by
the individual, the individual's family or the individual's
guardian, as long as the service provider has been approved by
the department or the authority to provide such service.
  SECTION 113. ORS 430.670, as amended by section 112 of this
2011 Act, is amended to read:
  430.670. (1) A community developmental disabilities program may
provide services by contracting with a public agency, private
corporation or individual. All elements of service provided for
in the contract shall be considered as a part of a community
developmental disabilities program for all purposes of ORS
430.610 to 430.695. Contracts authorized by this section shall
comply with rules adopted by the Department of Human Services.
  (2) A community mental health program may provide services by
contracting with a public agency, private corporation or
individual. All elements of service provided for in the contract
shall be considered as a part of a community mental health
program for all purposes of ORS 430.610 to 430.695. Contracts
authorized by this section shall comply with rules adopted by the
Oregon Health Authority.
  (3) A private corporation that contracts with a county, the
Department of Human Services or the Oregon Health Authority to
operate a community mental health program or community
developmental disabilities program shall provide an opportunity
for competition among private care providers when awarding
subcontracts for provision of services described in ORS 430.630
(1) to (3) or   { - (11) - }  { +  (10) + }.
  (4) In keeping with the principles of family support expressed
in ORS 417.342 and notwithstanding subsection (3) of this section
or ORS 291.047 (3), an entity operating a community mental health
program or community developmental disabilities program may
purchase services for an individual from a service provider
without first providing an opportunity for competition among
other service providers if the service provider is selected by
the individual, the individual's family or the individual's
guardian, as long as the service provider has been approved by
the department or the authority to provide such service.
  SECTION 114. ORS 430.672 is amended to read:
  430.672. (1) Except for community mental health programs or
community developmental disabilities programs operated by the
county, a county may impose only standards, requirements and
conditions for mental health or developmental disabilities
programs that are substantially similar to the standards,
requirements and conditions established for such programs by the
Department of Human Services or the Oregon Health Authority.
  (2) When a county contracts with a public agency or private
corporation for a community mental health program or community
developmental disabilities program, the county shall include in

the contract only terms that are substantially similar to model
contract terms developed by the department under ORS 430.640
  { - (3)(h) - }   { + (3)(g) + } or the authority under ORS
430.640 (1)(g). The county may not add contractual requirements,
including qualifications for contractor selection, that are
nonessential to the services provided under ORS 430.630. The
county may add contract requirements that the county considers
necessary to ensure the siting and maintenance of facilities of
the community mental health program or community developmental
disabilities program.
  (3) The provisions of subsections (1) and (2) of this section
apply only insofar as funds are provided by the department to the
county for community developmental disabilities programs or by
the authority to the county for community mental health programs.
  SECTION 115. ORS 430.695 is amended to read:
  430.695. (1) Any program fees, third-party reimbursements,
contributions or funds from any source, except client resources
applied toward the cost of care in group homes for persons with
  { - mental retardation or - }  mental illness and client
resources and third-party payments for community psychiatric
inpatient care, received by a community mental health program are
not an offset to the costs of the services and may not be applied
to reduce the program's eligibility for state funds, providing
the funds are expended for mental health services approved by the
Oregon Health Authority.
  (2) Within the limits of available funds, the authority may
contract for specialized, statewide and regional services
including but not limited to group homes for persons with
 { - mental retardation - }   { + intellectual disabilities + }
or mental or emotional disturbances, day and residential
treatment programs for children and adolescents with mental or
emotional disturbances and community services for clients of the
Psychiatric Security Review Board.
  (3) Fees and third-party reimbursements, including all amounts
paid pursuant to Title XIX of the Social Security Act by the
Department of Human Services or the Oregon Health Authority, for
mental health services or developmental   { - disabilities - }
 { + disability + } services and interest earned on those fees
and reimbursements shall be retained by the community mental
health program or community developmental disabilities program
and expended for any service that meets the standards of ORS
430.630.
  SECTION 116. ORS 433.045 is amended to read:
  433.045. (1) Except as provided in subsection (6) of this
section and ORS 433.017, 433.055 (3) and 433.080, no person shall
subject the blood of an individual to an HIV test without first
obtaining informed consent as described in subsection (2) or (7)
of this section.
  (2) A physician licensed under ORS chapter 677 shall comply
with the requirement of subsection (1) of this section through
the procedure in ORS 677.097. Any other licensed health care
provider or facility shall comply with the requirement of
subsection (1) of this section through a procedure substantially
similar to that specified in ORS 677.097. Any other person shall
comply with this requirement through use of such forms,
procedures and educational materials as the Oregon Health
Authority shall specify.
  (3) Regardless of the manner of receipt or the source of the
information, including information received from the tested
individual, no person shall disclose or be compelled to disclose
the identity of any individual upon whom an HIV-related test is
performed, or the results of such a test in a manner which
permits identification of the subject of the test, except as
required or permitted by federal law, the law of this state or
any rule, including any authority rule considered necessary for

public health or health care purposes, or as authorized by the
individual whose blood is tested.
  (4) Any person who complies with the requirements of this
section shall not be subject to an action for civil damages.
  (5) An HIV test shall be considered diagnosis of venereal
disease for purposes of ORS 109.610.
  (6) The authority shall prescribe by rule a procedure whereby
an individual who is housed in a state institution and is
incapable of granting informed consent for an HIV test may be
tested.
  (7) Whenever an insurer, insurance producer or
insurance-support organization asks an applicant for insurance to
take an HIV test in connection with an application for insurance,
the use of such a test must be revealed to the applicant and the
written consent thereof obtained. The consent form shall disclose
the purpose of the test and the persons to whom the results may
be disclosed.
  (8) As used in this section:
  (a) 'HIV test' means a test of an individual for the presence
of human immunodeficiency virus (HIV), or for antibodies or
antigens that result from HIV infection, or for any other
substance specifically indicating infection with HIV.
  (b) 'Person' includes but is not limited to any health care
provider, health care facility, clinical laboratory, blood or
sperm bank, insurer, insurance producer, insurance-support
organization, as defined in ORS 746.600, government agency,
employer, research organization or agent of any of them. For
purposes of subsection (3) of this section, 'person' does not
include an individual acting in a private capacity and not in an
employment, occupational or professional capacity.
  (c) 'State institution' means all campuses of the Oregon State
Hospital  { - , - }  { +  and + } the Blue Mountain Recovery
Center   { - and the Eastern Oregon Training Center - } .
  SECTION 117. ORS 433.285 is amended to read:
  433.285. (1) It hereby is declared to be a matter of public
policy of the State of Oregon that in the interest of public
health and the prevention of   { - mental retardation - }  { +
developmental disabilities + }, every infant, shall be given
tests approved by the Oregon Health Authority for the detection
of the disease of phenylketonuria and other metabolic diseases.
  (2) The authority by rule shall specify the diseases for which
infants shall be tested under subsection (1) of this section, the
appropriate time following delivery for collecting specimens, the
manner in which the specimens are to be submitted, the persons
responsible for submitting the specimens, the methods of testing
and the manner of payment of the fees.
  (3) The testing required by subsection (1) of this section
  { - shall - }   { + may + } not be required if the infant is
being reared as an adherent to a religion the teachings of which
are opposed to such testing. The person responsible for
submitting specimens under the rules of the authority shall be
responsible for submitting a statement signed by the infant's
parent that the infant is being so reared. The authority by rule
shall prescribe the form of the statement.
  (4) The authority shall adopt by rule a procedure whereby the
fees established under subsection (2) of this section shall be
waived and no infant refused service because of the parent's
inability to pay the fee.
  (5) The authority by rule shall prescribe the procedure to be
followed in cases where initial testing for metabolic diseases is
administered too early to detect these diseases, where the sample
submitted for testing is improperly collected and where a sample
shows an abnormal result. The authority, within the limits of
funds available from fees collected under this section, shall
institute a pilot program for follow-up on abnormal test results.
  SECTION 118. ORS 433.290 is amended to read:
  433.290. (1) The Legislative Assembly finds that many newborn
children are given their first tests for metabolic diseases too
early for the detection of these diseases because parents remove
these newborn infants from the hospital before the optimum
testing period commences. To   { - assure - }   { + ensure + }
proper first testing and follow-up testing and increase knowledge
about the nature and results of these diseases, the Oregon Health
Authority shall institute and carry on an intensive educational
program among physicians, hospitals, public health nurses, the
parents of newborn children and the public concerning the disease
of phenylketonuria and other metabolic diseases. This educational
program shall include information concerning:
  (a) The nature of these diseases; and
  (b) Examinations for the detection of these diseases in infancy
in order that measures may be taken to prevent   { - the mental
retardation - }   { + developmental disabilities + } resulting
from these diseases.
  (2) The authority shall make a special effort specifically to
inform expectant parents and parents of newborn children of the
necessity of newborn infants receiving appropriate tests within
the optimum time range after birth to prevent   { - the mental
retardation - }   { + developmental disabilities + } or other
serious complications resulting from these diseases.
  SECTION 119. ORS 443.400 is amended to read:
  443.400. As used in ORS 443.400 to 443.455 and 443.991, unless
the context requires otherwise:
  (1) 'Director' means the director of the licensing agency for
the residential facility.
  (2) 'Licensing agency' means:
  (a) The Department of Human Services, if the residential
facility that is licensed, or that the Director of Human Services
determines should be licensed, is a residential care facility,
residential training facility or residential training home; or
  (b) The Oregon Health Authority, if the residential facility
that is licensed, or that the Director of the Oregon Health
Authority determines should be licensed, is a residential
treatment facility or residential treatment home.
  (3) 'Resident' means any individual residing in a facility who
receives residential care, treatment or training. For purposes of
ORS 443.400 to 443.455, an individual is not considered to be a
resident if the individual is related by blood or marriage within
the fourth degree as determined by civil law to the person
licensed to operate or maintain the facility.
  (4) 'Residential care' means services such as supervision;
protection; assistance while bathing, dressing, grooming or
eating; management of money; transportation; recreation; and the
providing of room and board.
  (5) 'Residential care facility' means a facility that provides,
for six or more socially dependent individuals or individuals
with physical disabilities, residential care in one or more
buildings on contiguous properties.
  (6) 'Residential facility' means a residential care facility,
residential training facility, residential treatment facility,
residential training home or residential treatment home.
  (7) 'Residential training facility' means a facility that
provides, for six or more individuals with   { - mental
retardation - }  { +  intellectual disabilities + } or other
developmental disabilities, residential care and training in one
or more buildings on contiguous properties.
  (8) 'Residential training home' means a facility that provides,
for five or fewer individuals with   { - mental retardation - }
 { +  intellectual disabilities + } or other developmental
disabilities, residential care and training in one or more
buildings on contiguous properties, when so certified and funded
by the Department of Human Services.

  (9) 'Residential treatment facility' means a facility that
provides, for six or more individuals with mental, emotional or
behavioral disturbances or alcohol or drug dependence,
residential care and treatment in one or more buildings on
contiguous properties.
  (10) 'Residential treatment home' means a facility that
provides for five or fewer individuals with mental, emotional or
behavioral disturbances or alcohol or drug dependence,
residential care and treatment in one or more buildings on
contiguous properties.
  (11) 'Training' means the systematic, planned maintenance,
development or enhancement of self-care skills, social skills or
independent living skills, or the planned sequence of systematic
interactions, activities or structured learning situations
designed to meet each resident's specified needs in the areas of
physical, social, emotional and intellectual growth.
  (12) 'Treatment' means a planned, individualized program of
medical, psychological or rehabilitative procedures, experiences
and activities designed to relieve or minimize mental, emotional,
physical or other symptoms or social, educational or vocational
disabilities resulting from or related to the mental or emotional
disturbance, physical disability or alcohol or drug problem.
  SECTION 120. ORS 443.830 is amended to read:
  443.830. As used in this section and ORS 443.835:
  (1) 'Child' means a person for whom developmental disability
services are planned and provided and who is:
  (a) Under 18 years of age; or
  (b) At least 18 years of age but less than 22 years of age and
resides in a developmental disability child foster home and whose
needs, as determined by the individual support plan team, are
best met if services are provided in a developmental disability
child foster home.
  (2) 'Department' means the Department of Human Services.
  (3)(a) 'Developmental disability child foster home' means any
home maintained by a person who has under the care of the person,
in the home, a child found eligible for developmental disability
services for the purpose of providing the child with supervision,
food and lodging. The child must be unrelated to the person by
blood or marriage and be unattended by the child's parent or
guardian.
  (b) 'Developmental disability child foster home' does not
include:
  (A) A boarding school that is essentially and primarily engaged
in educational work;
  (B) A home in which a child is provided with room and board by
a school district board; or
  (C) A foster home under the direct supervision of a private
child-caring agency.
  (4) 'Individual support plan team' means a team composed of the
child, the child's parent or guardian, the community   { - mental
health - }  { +  developmental disabilities + } program
representative and representatives of all current service
providers that develops a written plan of services covering a
12-month period for a child.
  SECTION 121. ORS 456.559 is amended to read:
  456.559. (1) The Housing and Community Services Department
shall:
  (a) Maintain current housing data and information concerning
available programs, status of funding, programs planned or
undertaken which might conflict with, overlap, duplicate or
supersede other planned or existing programs and call these to
the attention of appropriate state agencies, governmental bodies
and public or private housing sponsors.
  (b) Provide to appropriate state agencies, governmental bodies
and public or private housing sponsors such advisory and

educational services as will assist them in the development of
housing plans and projects.
  (c) Subject to the approval of the State Housing Council, make
noninterest bearing advances, in accordance with ORS 456.710 and
the policies of the department to qualified nonprofit sponsors
for development costs of housing projects until mortgage funds
are released to repay the advances as provided in ORS 456.710.
  (d) Advise and assist appropriate state agencies, governmental
bodies and public or private housing sponsors, cities and
counties, in all programs and activities which are designed or
might tend to fulfill the purposes of ORS 456.548 to 456.725 and
ORS chapter 458.
  (e) Encourage and assist in the planning, development,
construction, rehabilitation and conservation of dwelling units
for persons and families of lower income.
  (f) Be the central state department to apply for, receive and
distribute, on behalf of appropriate state agencies, governmental
bodies and public or private housing sponsors in the state,
grants, gifts, contributions, loans, credits or assistance from
the federal government or any other source for housing programs
except when the donor, grantor, or lender of such funds
specifically directs some other agency to administer them. Moneys
received under this section shall be deposited with the State
Treasurer in an account separate and distinct from the General
Fund. Interest earned by the account shall be credited to the
account.
  (g) For the purposes of acquiring moneys, credits or other
assistance from any agency or instrumentality of the United
States or from any public corporation chartered by the United
States, comply with any applicable agreements or restrictions for
the receipt of such assistance and become a member of any such
association or public corporation chartered by the United States.
  (h) Assist individuals, appropriate state agencies,
governmental bodies and public or private housing sponsors
through a program which provides housing information, planning,
educational services and technical assistance.
  (i) Comply with the requirements of ORS 443.225 in assisting in
the development of any housing for residential care, training or
treatment for persons with   { - mental retardation - }  { +
intellectual disabilities + }, developmental disabilities or
mental or emotional disturbances.
  (2) Except as otherwise provided in ORS 456.625 (7), the
department may not itself develop, construct, rehabilitate or
conserve housing units; and neither the department nor any
housing sponsor, including but not limited to any association,
corporation, cooperative housing authority or urban renewal
agency organized to provide housing and other facilities pursuant
to ORS 456.548 to 456.725, may own, acquire, construct, purchase,
lease, operate or maintain utility facilities, including
facilities for the generation of electricity, for the
distribution of gas and electricity, and for the conveyance of
telephone and telegraph messages.
  (3) In accordance with the provisions of this section and with
the advice of the council, the department shall establish
statewide priorities for housing programs. State agencies shall
coordinate their housing programs with the department. All state
agencies intending to apply for federal funds for use in
planning, developing or managing housing, or rendering assistance
to governmental bodies or sponsors or individuals involved
therein shall submit a description of the proposed activity to
the department for review not less than 30 days prior to the
intended date of submission of the application to the federal
agency. The department shall determine whether the proposal would
result in a program that would overlap, duplicate or conflict
with any other housing program in the state. If the department
finds overlapping or duplication or conflict, it shall recommend
modifications in the application. The Oregon Department of
Administrative Services shall consider these recommendations in
making its decision to approve or disapprove the application. The
department shall complete its review and forward its
recommendations within 15 working days after receipt of the
notification. Failure of the department to complete the review
within that time shall constitute approval of the application by
the department.
  (4) The director may participate in discussions and
deliberations of the council. The director may suggest policies
and rules to the council, including those necessary to stimulate
and increase the supply of housing for persons and families of
lower income.
  SECTION 122. ORS 480.225 is amended to read:
  480.225. (1) A person is eligible for a certificate of
possession under ORS 480.235 if:
  (a) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of a misdemeanor involving
violence, as defined in ORS 166.470, within the previous four
years. A person who has been so convicted is eligible under this
subsection following the expiration of seven years after the date
of final and unconditional discharge from all imprisonment,
probation and parole resulting from the conviction.
  (b) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of, and is not under indictment
for, any felony.
  (c) The person is not a fugitive from justice, has no
outstanding warrants for arrest and is not free on any form of
pretrial release for any offenses listed in paragraphs (a) and
(b) of this subsection.
  (d) The person has not been determined to be mentally ill under
ORS 426.130 and 430.397 to 430.401   { - or mentally retarded
under ORS 427.290 - } . A person who previously has been so
determined is eligible under this subsection if, at the time of
application for such a certificate, the person produces a
certified copy of a full discharge from the proper state
hospital. The Oregon Health Authority shall provide the State
Fire Marshal with direct electronic access to the authority's
database of information identifying persons meeting the criteria
of this section who were committed or subject to an order under
ORS 426.130. The State Fire Marshal and the authority shall enter
into an agreement describing the access to information under this
subsection.
  (e) The person is at least 21 years of age.
  (f) The person does not use a fictitious name or make a
material misrepresentation in application for such a certificate.
  (g)(A) The person has not been convicted of, and is not under
indictment for, a criminal offense involving a controlled
substance as defined in ORS 475.005, other than the offense of
driving under the influence of intoxicants.
  (B) Notwithstanding subparagraph (A) of this paragraph, a
person who has had a certificate denied or revoked due to
conviction of a criminal offense involving a controlled substance
is eligible under this section following the expiration of seven
years after the date of final and unconditional discharge from
all imprisonment, probation and parole resulting from the
conviction.
  (h) The person has been discharged from the jurisdiction of the
juvenile court for more than four years for an act that, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470.
  (i) The person is not the subject of a restraining order that
alleges the person's possession of explosives presents a credible
threat to another person.
  (j) The person has passed an examination administered by the
State Fire Marshal that assesses the person's knowledge of safety
in the transportation and storage of explosives as required under
federal and state laws and regulations pertaining to explosives.
The State Fire Marshal shall examine each applicant prior to
issuance of a certificate of possession to the applicant. The
State Fire Marshal may by rule establish and collect an
examination fee in an amount necessary to cover the cost of
administering the examination.
  (k) The person certifies on the application for a certificate
of possession that all explosives in the person's possession will
be used, stored and transported in accordance with federal, state
and local requirements.
  (L) The person certifies that all explosives will be possessed,
used, stored and transported in accordance with federal, state
and local requirements.
  (2) Subsection (1)(a) and (b) of this section does not apply to
a conviction or indictment that has been expunged from a person's
record under the laws of this state or equivalent laws of another
jurisdiction.
  SECTION 123. ORS 547.045 is amended to read:
  547.045. (1) Whenever any diking or drainage district is sought
to be created and organized or is created and organized in the
manner provided by law, within the boundaries of which are
located any lands belonging to the state that have been acquired
or used by or for any state institution described in ORS 179.321
 { +  or a state training center + }, the Director of Human
Services or the Director of the Oregon Health Authority may sign
any petition or objections thereto for the organization of such
district and exercise on behalf of the state with respect to the
district and the land therein belonging to the state, all the
rights and privileges of a landowner within the district.
  (2) Whenever any such district or proposed district includes
any lands belonging to any public body as defined in ORS 174.109,
the presiding officer of such public body, or other member of the
governing body of such public body, when thereto authorized by a
resolution of the governing body thereof, may sign such petition
or objection thereto on behalf of the public body, and exercise
with respect to the district and the land therein belonging to
the public body, all the rights and privileges of a landowner in
the district, including the right to be a supervisor of the
district.
  (3) Lands belonging to a public body as defined in ORS 174.109
shall be subject to the same burdens and liabilities and entitled
to the same benefits as lands in the district belonging to
private individuals. The Department of Human Services or the
Oregon Health Authority may pay from any appropriations made for
the operation and maintenance of any institution, the lands of
which have been included in any diking or drainage district, any
charges billed to the department or any assessments levied
against such lands by the diking or drainage district.
  SECTION 124. ORS 653.269 is amended to read:
  653.269. The provisions of ORS 653.268 relating to pay for
overtime shall not apply to:
  (1) Labor employed in forest fire fighting.
  (2) Employees of any irrigation system district actually
engaged in the distribution of water for irrigation or domestic
use.
  (3) Employees of a public employer, as defined in ORS 243.650,
who are employed in fire protection or law enforcement
activities, including security personnel in corrections
institutions, as those employees and activities are defined by
rule of the Commissioner of the Bureau of Labor and Industries.
  (4) Employees of a people's utility district organized under
ORS chapter 261.
  (5) Employees exempted from overtime:
  (a) By a public employer as defined in ORS 243.650 because of
the executive, administrative, supervisory or professional nature
of their employment as the nature of such employment is defined
by rule of the Commissioner of the Bureau of Labor and
Industries; or
  (b) By a collective bargaining agreement expressly waiving
application of ORS 653.268.
  (6) Employees of a public employer as defined in ORS 243.650
engaged in the operation of a hospital or an establishment that
is an institution primarily engaged in the care of persons who
are sick or aged or have mental illness or   { - mental
retardation - }  { +  developmental disabilities + } and who
reside on the premises if, before performance of the work and
pursuant to an agreement between the employer and employee or
between the employer and the bargaining representative of the
employees when the employees are represented under a collective
bargaining agreement, a work period of 14 consecutive days is
accepted in lieu of the workweek of seven consecutive days for
purposes of overtime computation and if, for the employee's
employment in excess of eight hours in any workday and in excess
of 80 hours in such 14-day period, the employee receives
compensation at a rate not less than one and one-half times the
rate at which the employee is employed.
  (7) Members of the organized militia while on state active duty
in accordance with ORS 399.075.
  SECTION 125. ORS 656.033 is amended to read:
  656.033. (1) All persons participating as trainees in a work
experience program or school directed professional education
project of a school district as defined in ORS 332.002 in which
such persons are enrolled, including persons with   { - mental
retardation - }   { + developmental disabilities + } in training
programs, are considered as workers of the district subject to
this chapter for purposes of this section. Trainees placed in a
work experience program with their resident school district as
the training employer shall be subject workers under this section
when the training and supervision are performed by
noninstructional personnel.
  (2) A school district conducting a work experience program or
school directed professional education project shall submit a
written statement to the insurer, or in the case of
self-insurers, the Director of the Department of Consumer and
Business Services, that includes a description of the work to be
performed by such persons and an estimate of the total number of
persons enrolled.
  (3) The premium cost for coverage under this section shall be
based on an assumed hourly wage which is approved by the Director
of the Department of Consumer and Business Services. Such assumed
wage is to be used only for calculation purposes under this
chapter and without regard to ORS chapter 652 or ORS 653.010 to
653.545 and 653.991. A self-insured district shall submit such
assumed wage rates to the director. If the director finds that
the rates are unreasonable, the director may fix appropriate
rates to be used for purposes of this section.
  (4) The school district shall furnish the insurer, or in the
case of self-insurers, the director, with an estimate of the
total number of persons enrolled in its work experience program
or school directed professional education project and shall
notify the insurer or director of any significant changes
therein.  Persons covered under this section are entitled to the
benefits of this chapter. However, such persons are not entitled
to benefits under ORS 656.210 or 656.212. They are entitled to
such benefits if injured as provided in ORS 656.156 and 656.202
while performing any duties arising out of and in the course of
their participation in the work experience program or school
directed professional education project, provided the duties
being performed are among those:
  (a) Described on the application of the school district; and
  (b) Required of similar full-time paid employees.
  (5) The filing of claims for benefits under this section is the
exclusive remedy of a trainee or a beneficiary of the trainee for
injuries compensable under this chapter against the state, its
political subdivisions, the school district board, its members,
officers and employees, or any employer, regardless of
negligence.
  (6) The provisions of this section   { - shall be - }
 { + are + } inapplicable to any trainee who has earned wages for
such employment.
  (7) As used in this section, 'school directed professional
education project' means an on-campus or off-campus project
supervised by school personnel and which is an assigned activity
of a local professional education program approved pursuant to
operating procedures of the State Board of Education. A school
directed professional education project must be of a practicum
experience nature, performed outside of a classroom environment
and extending beyond initial instruction or demonstration
activities. Such projects are limited to logging, silvicultural
thinning, slash burning, fire fighting, stream enhancement,
woodcutting, reforestation, tree surgery, construction, printing
and manufacturing involving formed metals.
  (8) Notwithstanding subsection (1) of this section, a school
district may elect to make trainees subject workers under this
chapter for school directed professional education projects not
enumerated in subsection (7) of this section by making written
request to the district's insurer, or in the case of a
self-insured district, the director, with coverage to begin no
sooner than the date the request is received by the insurer or
director. The request for coverage shall include a description of
the work to be performed under the project and an estimate of the
number of participating trainees. The insurer or director shall
accept a request that meets the criteria of this section.
  SECTION 126. ORS 680.205 is amended to read:
  680.205. (1) A dental hygienist issued a permit to act as a
limited access permit dental hygienist under ORS 680.200 shall be
authorized to render all services within the scope of practice of
dental hygiene, as defined in ORS 679.010, without the
supervision of a dentist and as authorized by the limited access
permit to:
  (a) Patients or residents of the following facilities or
programs who, due to age, infirmity or disability, are unable to
receive regular dental hygiene treatment:
  (A) Nursing homes as defined in ORS 678.710;
  (B) Adult foster homes as defined in ORS 443.705;
  (C) Residential care facilities as defined in ORS 443.400;
  (D) Adult congregate living facilities as defined in ORS
441.525;
  (E) Mental health residential programs administered by the
Oregon Health Authority;
  (F) Facilities for mentally ill persons, as those terms are
defined in ORS 426.005;
  (G) Facilities for persons with   { - mental retardation - }
 { +  developmental disabilities + }, as those terms are defined
in ORS 427.005;
  (H) Local correctional facilities and juvenile detention
facilities as those terms are defined in ORS 169.005, regional
correctional facilities as defined in ORS 169.620, youth
correction facilities as defined in ORS 420.005, youth care
centers as defined in ORS 420.855, and Department of Corrections
institutions as defined in ORS 421.005; or
  (I) Public and nonprofit community health clinics.
  (b) Adults who are homebound.
  (c) Students or enrollees of nursery schools and day care
programs and their siblings under 18 years of age, Job Corps and
other similar employment training facilities, primary and
secondary schools, including private schools and public charter
schools, and persons entitled to benefits under the Women,
Infants and Children Program.
  (d) Patients in hospitals, medical clinics, medical offices or
offices operated or staffed by nurse practitioners, physician
assistants or midwives.
  (2) The Oregon Board of Dentistry may authorize the provision
of dental hygiene services by a limited access permit dental
hygienist at locations or to populations that are underserved or
lack access to dental hygiene services.
  (3) At least once each calendar year, a dental hygienist issued
a permit to act as a limited access permit dental hygienist shall
refer each patient or resident to a dentist who is available to
treat the patient or resident.
  (4) This section does not authorize a limited access permit
dental hygienist to administer local anesthesia or temporary
restorations except under the general supervision of a dentist
licensed under ORS chapter 679, or to administer nitrous oxide
except under the indirect supervision of a dentist licensed under
ORS chapter 679.
  (5) A limited access permit dental hygienist may assess the
need for and appropriateness of sealants, apply sealants and
write prescriptions for all applications of fluoride in which
fluoride is applied or supplied to patients.
  (6) A person granted a limited access permit under ORS 680.200
shall also procure all other permits or certificates required by
the board under ORS 679.250.
  SECTION 127. ORS 688.132 is amended to read:
  688.132. (1) A licensed physical therapist shall immediately
refer a person to a medical doctor, osteopathic physician,
chiropractic physician, podiatric physician and surgeon,
naturopathic physician, dentist, physician assistant or nurse
practitioner if:
  (a) Signs or symptoms are present that require treatment or
diagnosis by such providers or for which physical therapy is
contraindicated or for which treatment is outside the knowledge
of the physical therapist or scope of practice of physical
therapy; or
  (b) The physical therapist continues therapy and 60 days have
passed since the initial physical therapy treatment has been
administered, unless:
  (A) The individual is a child or a student eligible for special
education, as defined by state or federal law, and is being seen
pursuant to the child's or the student's individual education
plan or individual family service plan;
  (B) The individual is a student athlete at a public or private
school, college or university and is seeking treatment in that
role as athlete; or
  (C) The individual is a resident of a long term care facility
as defined in ORS 442.015, a residential facility as defined in
ORS 443.400, an adult foster home as defined in ORS 443.705 or
 { - an intermediate care facility for mental retardation
pursuant to federal regulations - }  { +  a state training center
described in 42 U.S.C. 1396d(d) + }.
  (2) Notwithstanding any provision of ORS 742.518 to 742.542,
personal injury protection benefits are not required to be paid
for physical therapy treatment of a person covered by the
applicable insurance policy unless the person is referred to the
physical therapist by a licensed physician, podiatric physician
and surgeon, naturopathic physician, dentist, physician's
assistant or nurse practitioner.
  SECTION 128. ORS 743A.190 is amended to read:
  743A.190. (1) A health benefit plan, as defined in ORS 743.730,
must cover for a child enrolled in the plan who is under 18 years
of age and who has been diagnosed with a pervasive developmental
disorder all medical services, including rehabilitation services,

that are medically necessary and are otherwise covered under the
plan.
  (2) The coverage required under subsection (1) of this section,
including rehabilitation services, may be made subject to other
provisions of the health benefit plan that apply to covered
services, including but not limited to:
  (a) Deductibles, copayments or coinsurance;
  (b) Prior authorization or utilization review requirements; or
  (c) Treatment limitations regarding the number of visits or the
duration of treatment.
  (3) As used in this section:
  (a) 'Medically necessary' means in accordance with the
definition of medical necessity that is specified in the policy,
certificate or contract for the health benefit plan and that
applies uniformly to all covered services under the health
benefit plan.
  (b) 'Pervasive developmental disorder' means a neurological
condition that includes Asperger's syndrome, autism,
developmental delay, developmental disability or   { - mental
retardation - }  { +  intellectual disability + }.
  (c) 'Rehabilitation services' means physical therapy,
occupational therapy or speech therapy services to restore or
improve function.
  (4) The provisions of ORS 743A.001 do not apply to this
section.
  (5) The definition of 'pervasive developmental disorder' is not
intended to apply to coverage required under ORS 743A.168.
  SECTION 129. ORS 807.700 is amended to read:
  807.700. (1) It shall be the duty of the superintendent of the
hospital for persons with   { - mental retardation or - }  mental
illness to notify the Department of Transportation as to released
licensed operators who, in the opinion of the superintendent,
should not drive because of their mental condition.
  (2) Upon receipt of information submitted under this section,
the department is subject to the provisions relating to this
section under ORS 809.419.
  SECTION 130. Section 15, chapter 736, Oregon Laws 2003, as
amended by section 3, chapter 757, Oregon Laws 2005, section 358,
chapter 70, Oregon Laws 2007, and section 7, chapter 780, Oregon
Laws 2007, is amended to read:
   { +  Sec. 15. + } As used in sections 15 to 22, chapter 736,
Oregon Laws 2003:
  (1) 'Assessment rate' means the rate established by the
Director of Human Services under section 17, chapter 736, Oregon
Laws 2003.
  (2) 'Assessment year' means a 12-month period, beginning July 1
and ending the following June 30, for which the assessment rate
being determined is to apply.
  (3) 'Gross revenue':
  (a) Means the revenue paid to a long term care facility for
patient care, room, board and services, less contractual
adjustments; and
  (b) Does not include:
  (A) Revenue derived from sources other than long term care
facility operations, including but not limited to donations,
interest and guest meals, or any other revenue not attributable
to patient care; and
  (B) Hospital revenue or revenue derived from hospital
operations.
  (4) 'Long term care facility' has the meaning given that term
in ORS 442.015, but does not include   { - an intermediate care
facility for persons with mental retardation - }  { +  a state
training center described in 42 U.S.C. 1396d(d) + }.
  (5) 'Medicaid patient days' means patient days attributable to
patients who receive medical assistance under a plan described in
42 U.S.C. 1396a et seq.
  (6) 'Patient days' means the total number of patients occupying
beds in a long term care facility for all days in the calendar
period for which an assessment is being reported and paid. For
purposes of this subsection, if a long term care facility patient
is admitted and discharged on the same day, the patient shall be
deemed to occupy a bed for one day.
  SECTION 131. Section 5, chapter 826, Oregon Laws 2009, as
amended by sections 18 and 18a, chapter 826, Oregon Laws 2009, is
amended to read:
   { +  Sec. 5. + } (1) A person barred from transporting,
shipping, possessing or receiving a firearm may file a petition
with the Psychiatric Security Review Board for relief from the
bar if:
  (a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(D) or (E);
  (b) The person is barred from receiving a firearm under ORS
166.470 (1)(e) or (f); or
  (c) The person is barred from possessing, receiving, shipping
or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as
the result of a state mental health determination.
  (2) The petitioner shall serve a copy of the petition on:
  (a) The Department of Human Services and the Oregon Health
Authority; and
  (b) The district attorney in each county in which:
  (A) The person was committed by a court to the Oregon Health
Authority, or adjudicated by a court as mentally ill, under ORS
426.130;
  (B) The person was committed by a court to the Department of
Human Services, or adjudicated by a court as   { - mentally
retarded - }  { +  in need of commitment for residential care,
treatment and training + }, under ORS 427.290;
  (C) The person was found guilty except for insanity under ORS
161.295;
  (D) The person was found responsible except for insanity under
ORS 419C.411; or
  (E) The person was found by a court to lack fitness to proceed
under ORS 161.370.
  (3) Following receipt of the petition, the board shall conduct
a contested case hearing, make written findings of fact and
conclusions of law on the issues before the board and issue a
final order.
  (4) The state and any person or entity described in subsection
(2) of this section may appear and object to and present evidence
relevant to the relief sought by the petitioner.
  (5) The board shall grant the relief requested in the petition
if the petitioner demonstrates, based on the petitioner's
reputation, the petitioner's record, the circumstances
surrounding the firearm disability and any other evidence in the
record, that the petitioner will not be likely to act in a manner
that is dangerous to public safety and that granting the relief
would not be contrary to the public interest.
  (6) If the board grants the relief requested in the petition,
the board shall provide to the Department of State Police the
minimum information necessary, as defined in   { - section 1 of
this 2009 Act - }  { +  ORS 181.740 + }, to enable the department
to:
  (a) Maintain the information and transmit the information to
the federal government as required under federal law; and
  (b) Maintain a record of the person's relief from the
disqualification to possess or receive a firearm under ORS
166.250 (1)(c)(D) or (E) or 166.470 (1)(e) or (f).
  (7) The petitioner may petition for judicial review of a final
order of the board. The petition shall be filed in the circuit
court of a county described in subsection (2)(b) of this section.
The review shall be conducted de novo and without a jury.

  (8) A petitioner may take an appeal from the circuit court to
the Court of Appeals. Review by the Court of Appeals shall be
conducted in accordance with ORS 183.500.
  (9) A person may file a petition for relief under this section
no more than once every two years.
  (10) The board shall adopt procedural rules to carry out the
provisions of this section.
  (11) As used in this section, 'state mental health
determination' means:
  (a) A finding by a court that a person lacks fitness to proceed
under ORS 161.370;
  (b) A finding that a person is guilty except for insanity of a
crime under ORS 161.295 or responsible except for insanity of an
act under ORS 419C.411 or any determination by the Psychiatric
Security Review Board thereafter;
  (c) A commitment by a court to the Oregon Health Authority, or
an adjudication by a court that a person is mentally ill, under
ORS 426.130; or
  (d) A commitment by a court to the Department of Human
Services, or an adjudication by a court that a person is
 { - mentally retarded - }  { +  in need of commitment for
residential care, treatment and training + }, under ORS 427.290.
  SECTION 132.  { + Sections 1 to 4 of this 2011 Act and ORS
417.345, 427.007, 430.212, 430.216 and 430.218 are added to and
made a part of ORS chapter 427. + }
  SECTION 133.  { + The amendments to ORS 430.670 by section 113
of this 2011 Act become operative January 2, 2014. + }
  SECTION 134.  { + ORS 427.010, 427.020, 427.031, 427.041,
427.051, 427.105, 427.108, 427.112, 427.175, 427.180, 427.185,
427.190, 427.195 and 427.205 are repealed. + }
                         ----------