ORS 430.450: Definitions for ORS 430.450 to 430.555.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
As used in ORS 430.450 to 430.555, unless the context requires otherwise: (1) “Authority” means the Oregon Health Authority. (2) “Community diversion plan” means a system of services approved and monitored by the Oregon Health Authority in accordance with approved county mental health plans, which may include but need not be limited to, medical, educational, vocational, social and psychological services, training, counseling, provision for residential care, and other rehabilitative services designed to benefit the defendant and protect the public. (3) “Crimes of violence against the person” means criminal homicide, assault and related offenses as defined in ORS 163.165 to 163.208, rape and sexual abuse, incest, or any other crime involving the use of a deadly weapon or which results in physical harm or death to a victim. (4) “Diversion” means the referral or transfer from the criminal justice system into a program of treatment or rehabilitation of a defendant diagnosed as drug dependent and in need of treatment at authority approved sites, on the condition that the defendant successfully fulfills the specified obligations of a program designed for rehabilitation. (5) “Diversion coordinator” means a person designated by a county mental health program director to work with the criminal justice system and health care delivery system to screen defendants who may be suitable for diversion; to coordinate the formulation of individual diversion plans for such defendants; and to report to the court the performance of those defendants being treated under an individual diversion plan. (6) “Director of the treatment facility” means the person in charge of treatment and rehabilitation programs at the treatment facility. (7) “Drug abuse” means repetitive, excessive use of a drug or controlled substance short of dependence, without medical supervision, which may have a detrimental effect on the individual or society. (8) “Drug-dependent person” means one who has lost the ability to control the personal use of controlled substances or other substances with abuse potential, or who uses such substances or controlled substances to the extent that the health of the person or that of others is substantially impaired or endangered or the social or economic function of the person is substantially disrupted. A drug-dependent person may be physically dependent, a condition in which the body requires a continuing supply of a drug or controlled substance to avoid characteristic withdrawal symptoms, or psychologically dependent, a condition characterized by an overwhelming mental desire for continued use of a drug or controlled substance. (9) “Evaluation” means any diagnostic procedures used in the determination of drug dependency, and may include but are not limited to chemical testing, medical examinations and interviews. (10) “Individual diversion plan” means a system of services tailored to the individual’s unique needs as identified in the evaluation, which may include but need not be limited to medical, educational, vocational, social and psychological services, training, counseling, provision for residential care, and other rehabilitative services designed to benefit the defendant and protect the public. The plan shall include appropriate methods for monitoring the individual’s progress toward achievement of the defined treatment objectives and shall also include periodic review by the court. (11) “Treatment facility” means detoxification centers, outpatient clinics, residential care facilities, hospitals and such other facilities determined to be suitable by the authority as meeting minimum standards under ORS 430.357, any of which may provide diagnosis and evaluation, medical care, detoxification, social services or rehabilitation. [1977 c.871 §2; 1979 c.744 §26; 2001 c.900 §139; 2009 c.595 §499; 2011 c.673 §33] (Treatment Program)
Administrative rules citing this section
- OAR 415-012-0000: Purpose and Scope — implements
- OAR 415-012-0010: Definitions — implements
- OAR 415-012-0020: General Requirements — implements
- OAR 415-012-0030: Application Procedures — implements
- OAR 415-012-0032: Application Information — implements
- OAR 415-012-0035: Responses To Application — implements
- OAR 415-012-0040: Licenses — implements
- OAR 415-012-0050: Onsite Reviews and Access Requirements — implements
- OAR 415-012-0052: Onsite Investigations By the Office of Training, Investigations and Safety (OTIS) — implements
- OAR 415-012-0055: Conduct of Licensure Reviews — implements
- OAR 415-012-0058: Availability of Information to Coordinated Care Organizations and Other Health Plans — implements
- OAR 415-012-0060: Denial, Revocation, or Nonrenewal — implements
- OAR 415-012-0065: Suspension of License — implements
- OAR 415-012-0067: Response to Criminal Records — implements
- OAR 415-012-0070: Hearings — implements
- OAR 415-012-0075: Licensure Conditions — implements
- OAR 415-012-0080: Complaints — implements
- OAR 415-012-0090: Variances — implements
- OAR 415-057-0000: Purpose — implements
- OAR 415-057-0010: Definitions — implements
- OAR 415-057-0020: Program Approval and Variances — implements
- OAR 415-057-0030: Administrative Requirements for Treatment Programs — implements
- OAR 415-057-0040: Client Rights — implements
- OAR 415-057-0050: Admission Policies and Procedures — implements
- OAR 415-057-0060: Comprehensive Diagnostic Assessment — implements
- OAR 415-057-0070: Treatment Planning and Documentation of Treatment Progress — implements
- OAR 415-057-0080: Continuing Care Planning — implements
- OAR 415-057-0090: Treatment Services — implements
- OAR 415-057-0100: Clinical Supervision — implements
- OAR 415-057-0110: Program Staff — implements
- OAR 415-057-0120: Clinical Supervisor — implements
- OAR 415-057-0130: Program Manager — implements
- OAR 415-057-0140: Use of Volunteers — implements
- OAR 415-057-0150: Co-occurring Substance Related and Mental Health Disorders (COD) — implements
This rule cites
- ORS 430.450 — resolved
- 430.555 — resolved
- ORS 163.165 — resolved
- 163.208 — resolved
- ORS 430.357 — resolved
Cited by
- ORS 137.372: Credit for time served as part of probationary sentence; diversion program or treatment court program.
- ORS 430.475: Evaluation results as evidence; admissibility at subsequent trial; privileged communication.
- ORS 430.480: Effect of ORS 430.450 to 430.555 on other evidence.
- ORS 430.485: Treatment may be ordered.
- ORS 430.510: Notice when treatment unsuccessful.
- ORS 430.515: Procedure to terminate treatment.
- ORS 430.535: Requirement to develop bilingual forms.
- ORS 430.545: Procedures at evaluation sites; administration of antagonist drugs.
- ORS 430.550: Discrimination prohibited.
- ORS 430.555: Liability for violation of civil rights or injuries to participant.
- OAR 291-100-0095: Credit for Time Served Following Failure of Diversion or Specialty Court Program (ORS 137.373(2))
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors430.html