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Chapter 428 — NonresidentPersons With Mental Disabilities 2009 EDITION NONRESIDENTPERSONS WITH MENTAL DISABILITIES MENTALHEALTH; ALCOHOL AND DRUG ABUSE OBLIGATIONSCONCERNING NONRESIDENT PERSONS WITH MENTAL DISABILITIES 428.205     Declarationof policy 428.210     Definitionsfor ORS 428.210 to 428.270 428.220     Determiningresidence; admission to state hospital of person whose residence is notestablished 428.230     Returnof nonresident patients; admission of eligible persons 428.240     Reciprocalagreements for interstate exchange of nonresident patients 428.250     Liabilityfor expenses of returning nonresident patients 428.260     Transportationof nonresident patients; payment of expenses 428.270     Liabilityof persons for care and return of nonresident persons with mental disabilities INTERSTATECOMPACT ON MENTAL HEALTH 428.310     Executionand termination of compact concerning persons with mental disabilities 428.320     Compactadministrator; rules; supplementary agreements 428.330     Dealingwith state not party to compact       428.010 [Amended by1955 c.597 §2; repealed by 1959 c.652 §24]       428.020 [Repealed by1959 c.652 §24]       428.030 [Repealed by1959 c.652 §24]       428.040 [Amended by1957 c.388 §13; repealed by 1959 c.652 §24]       428.050 [Repealed by1959 c.652 §24]       428.060 [Repealed by1959 c.652 §24]       428.070 [Amended by1957 c.92 §1; repealed by 1959 c.652 §24]       428.080 [Repealed by1959 c.652 §24]       428.090 [Repealed by1959 c.652 §24]       428.100 [Repealed by1959 c.652 §24]       428.110 [Repealed by1959 c.652 §24]       428.120 [Repealed by1959 c.652 §24]       428.130 [Repealed by1959 c.652 §24]       428.140 [Repealed by1959 c.652 §24]       428.144 [1955 c.597 §4;repealed by 1959 c.652 §24]       428.146 [1955 c.597 §5;repealed by 1959 c.652 §24]       428.148 [1955 c.597 §6;repealed by 1959 c.652 §24]       428.150 [Repealed by1959 c.652 §24] OBLIGATIONSCONCERNING NONRESIDENT PERSONS WITH MENTAL DISABILITIES       428.205Declaration of policy. It is declared to be the policy and intent of theLegislative Assembly that whenever a person physically present in the State ofOregon is in need of institutionalization by reason of mental illness or mentalretardation, the person shall be eligible for care and treatment in aninstitution of the State of Oregon irrespective of the residence of the person,settlement or citizenship qualifications. [1975 c.155 §2; 2007 c.70 §223]       428.210Definitions for ORS 428.210 to 428.270. As used in ORS 428.210 to 428.270:      (1)“Authority” means the Oregon Health Authority.      (2)“Department” means the Department of Human Services.      (3)“Foreign hospital” means an institution in any other state which corresponds tothe institutions defined in subsection (8) of this section.      (4)“Nonresident” means any person who is not a resident of this state as definedin subsection (7) of this section.      (5)“Other state” includes all the states, territories, possessions, commonwealthsand agencies of the United States and the District of Columbia, with theexception of the State of Oregon.      (6)“Patient” means any person who has been committed by a court of competentjurisdiction to a state hospital, except a person committed to a state hospitalpursuant to ORS 136.150 (1969 Replacement Part), 136.160 (1969 ReplacementPart), 161.341 or 161.370.      (7)“Resident of this state” means a person who has lived in this statecontinuously for a period of one year and who has not acquired legal residencein any other state by living continuously therein for at least one yearsubsequent to the residence of the person in this state. However, a service manor woman on active duty in the Armed Forces of the United States who wasdomiciled in Oregon upon entry into active duty and who has acquired no otherdomicile shall be entitled to have his or her children considered a resident ofthis state so long as no other domicile is acquired by the service man orwoman.      (8)“State hospital” means any institution listed in ORS 426.010 or 427.010. [1957c.388 §5; 1959 c.588 §19; 1967 c.299 §2; 1971 c.743 §368; 1977 c.380 §20; 2001c.900 §131; 2009 c.595 §449]       428.220Determining residence; admission to state hospital of person whose residence isnot established.(1) In determining whether or not any person committed by a court of competentjurisdiction to a state hospital or foreign hospital is a resident of thisstate:      (a)The time spent in a state hospital or foreign hospital or on parole therefromshall not be counted in determining the residence of such person in this or anyother state.      (b)The residence of such person at the time of commitment shall remain theresidence of the person for the duration of the commitment of the person.      (2)The Department of Human Services may give written authorization for theadmission to the Eastern Oregon Training Center whenever:      (a)The residence of any person cannot be established after reasonable and diligentinvestigation 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 requirementprovided by ORS 428.210 (7).      (3)The Oregon Health Authority may give written authorization for the admission tothe Blue Mountain Recovery Center or the Oregon State Hospital whenever:      (a)The residence of any person cannot be established after reasonable and diligentinvestigation and effort.      (b)The peculiar circumstances of a case, in the judgment of the authority, providea sufficient reason for the suspension of the residence requirement provided byORS 428.210 (7). [1957 c.388 §6; 2009 c.595 §450]       428.230Return of nonresident patients; admission of eligible persons. (1) Except asprovided in ORS 428.205, 428.220 and 428.330, the Department of Human Servicesand the Oregon Health Authority shall return nonresident patients to any otherstate in which they may have legal residence.      (2)The department may give written authorization for the return to the EasternOregon Training Center of a resident of Oregon who has been committed by acourt of competent jurisdiction to a foreign hospital.      (3)The superintendent of the Eastern Oregon Training Center shall admit and carefor any person eligible for admission pursuant to subsection (2) of thissection or ORS 428.220 (2) upon receipt of a certified copy of the commitmentpapers and the written authorization of the department.      (4)The authority may give written authorization for the return to the BlueMountain Recovery Center or the Oregon State Hospital of a resident of Oregonwho has been committed by a court of competent jurisdiction to a foreignhospital.      (5)The superintendent of the Blue Mountain Recovery Center or the Oregon StateHospital shall admit and care for any person eligible for admission pursuant tosubsection (4) of this section or ORS 428.220 (3) upon receipt of a certifiedcopy of the commitment papers and the written authorization of the authority. [1957c.388 §7; 1975 c.155 §5; 2009 c.595 §451]       428.240Reciprocal agreements for interstate exchange of nonresident patients. (1) For thepurpose of facilitating the return of nonresident patients, the Department ofHuman Services may enter into a reciprocal agreement with any other state forthe mutual exchange of persons committed by a court of competent jurisdictionto the Eastern Oregon Training Center or a foreign hospital, whose legal residenceis in the other’s jurisdiction.      (2)For the purpose of facilitating the return of nonresident patients, the OregonHealth Authority may enter into a reciprocal agreement with any other state forthe mutual exchange of persons committed by a court of competent jurisdictionto the Blue Mountain Recovery Center, the Oregon State Hospital or a foreignhospital, whose legal residence is in the other’s jurisdiction.      (3)In such agreements, the department or authority may:      (a)Only for purposes of mutual exchange with the other state, vary the period ofresidence required by ORS 428.210 (7).      (b)Provide for the arbitration of disputes arising out of the mutual exchange ofsuch persons between this state and any other state. [1957 c.388 §8; 2009 c.595§452]       428.250Liability for expenses of returning nonresident patients. (1) Except asprovided in ORS 428.270, all expenses incurred under ORS 428.230 and 428.240 inreturning nonresident patients from this state to any other state shall be paidby this state.      (2)All expenses of returning residents of this state shall be borne by the otherstate making the return. [1957 c.388 §9]       428.260Transportation of nonresident patients; payment of expenses. (1) For thepurpose of carrying out the provisions of ORS 428.210 to 428.270, theDepartment of Human Services or the Oregon Health Authority may employ all helpnecessary in arranging for and transporting nonresident patients.      (2)The cost and expense of providing such assistance and all expenses incurred ineffecting the transportation of such patients shall be paid from fundsappropriated for that purpose upon vouchers approved by the department, theauthority or the superintendent of the Eastern Oregon Training Center, the BlueMountain Recovery Center or the Oregon State Hospital. [1957 c.388 §10; 1985c.511 §2; 2009 c.595 §453]       428.270Liability of persons for care and return of nonresident persons with mentaldisabilities.(1) Any person, except an officer, agent or employee of a common carrier actingin the line of duty, who brings or in any way aids in bringing into this stateany patient without the written authorization of the Department of HumanServices or the Oregon Health Authority, shall be liable to this state for allexpenses incurred in the care of such patient and in the transportation of suchpatient to the other state where the patient legally resides.      (2)Hospitals and sanitariums, other than state hospitals, that care for and treatpersons with mental illness or mental retardation shall be responsible for thereturn of those persons to their places of residence or domicile outside thestate if they are brought into this state for treatment and care and aredischarged from such institutions without being fully recovered.      (3)Failure to comply with the provisions of subsection (2) of this section shallrender the person operating the hospital or sanitarium liable to reimburse thestate for all expenses incurred in the care, maintenance and return of thepersons with mental illness or mental retardation to their places of residenceor domicile outside the state. [1957 c.388 §11; 2007 c.70 §224; 2009 c.595 §454] INTERSTATECOMPACT ON MENTAL HEALTH       428.310Execution and termination of compact concerning persons with mentaldisabilities.The Department of Human Services or the Oregon Health Authority may execute andterminate a compact on behalf of the State of Oregon with any state, territoryor possession of the United States, the District of Columbia and theCommonwealth of Puerto Rico joining therein, in the form substantially asfollows:______________________________________________________________________________      Thecontracting states solemnly agree that:ARTICLE I      Theparty states find that the proper and expeditious treatment of the mentally illand mentally deficient can be facilitated by cooperative action, to the benefitof the patients, their families, and society as a whole. Further, the partystates find that the necessity of and desirability for furnishing such care andtreatment bears no primary relation to the residence or citizenship of thepatient but that, on the contrary, the controlling factors of community safetyand humanitarianism require that facilities and services be made available forall who are in need of them. Consequently, it is the purpose of this compactand of the party states to provide the necessary legal basis for theinstitutionalization or other appropriate care and treatment of the mentallyill and mentally deficient under a system that recognizes the paramountimportance of patient welfare and to establish the responsibilities of theparty states in terms of such welfare.ARTICLE II      Asused in this compact:      (a)“Sending state” shall mean a party state from which a patient is transportedpursuant to the provisions of the compact or from which it is contemplated thata patient may be so sent.      (b)“Receiving state” shall mean a party state to which a patient is transportedpursuant to the provisions of the compact or to which it is contemplated that apatient may be so sent.      (c)“Institution” shall mean any hospital or other facility maintained by a partystate or political subdivision thereof for the care and treatment of mentalillness or mental deficiency.      (d)“Patient” shall mean any person subject to or eligible as determined by thelaws of the sending state, for institutionalization or other care, treatment orsupervision pursuant to the provisions of this compact.      (e)“After-care” shall mean care, treatment and services provided a patient, asdefined herein, on convalescent status or conditional release.      (f)“Mental illness” shall mean mental disease to such extent that a person soafflicted requires care and treatment for his own welfare, or the welfare ofothers, or of the community.      (g)“Mental deficiency” shall mean mental deficiency as defined by appropriateclinical authorities to such extent that a person so afflicted is incapable ofmanaging himself and his affairs, but shall not include mental illness asdefined herein.      (h)“State” shall mean any state, territory or possession of the United States, theDistrict of Columbia and the Commonwealth of Puerto Rico.ARTICLE III      (a)Whenever a person physically present in any party state shall be in need ofinstitutionalization by reason of mental illness or mental deficiency, theperson shall be eligible for care and treatment in an institution in that stateirrespective of the residence, settlement or citizenship qualifications of theperson.      (b)The provisions of paragraph (a) of this article to the contrarynotwithstanding, any patient may be transferred to an institution in anotherstate whenever there are factors based upon clinical determinations indicatingthat the care and treatment of said patient would be facilitated or improvedthereby. Any such institutionalization may be for the entire period of care andtreatment or for any portion or portions thereof. The factors referred to inthis paragraph shall include the patient’s full record with due regard for thelocation of the patient’s family, character of the illness and probableduration thereof, and such other factors as shall be considered appropriate.      (c)No state shall be obliged to receive any patient pursuant to the provisions ofparagraph (b) of this article unless the sending state has given advance noticeof its intention to send the patient; furnished all available medical and otherpertinent records concerning the patient; given the qualified medical or otherappropriate clinical authorities of the receiving state an opportunity toexamine the patient if said authorities so wish; and unless the receiving stateshall agree to accept the patient.      (d)In the event that the laws of the receiving state establish a system ofpriorities for the admission of patients, an interstate patient under thiscompact shall receive the same priority as a local patient and shall be takenin the same order and at the same time that the patient would be taken if thepatient were a local patient.      (e)Pursuant to this compact, the determination as to the suitable place ofinstitutionalization for a patient may be reviewed at any time and such furthertransfer of the patient may be made as seems likely to be in the best interestof the patient.ARTICLE IV      (a)Whenever, pursuant to the laws of the state in which a patient is physicallypresent, it shall be determined that the patient should receive after-care orsupervision, such care or supervision may be provided in a receiving state. Ifthe medical or other appropriate clinical authorities having responsibility forthe care and treatment of the patient in the sending state shall have reason tobelieve that after-care in another state would be in the best interest of thepatient and would not jeopardize the public safety, they shall request theappropriate authorities in the receiving state to investigate the desirabilityof affording the patient such after-care in said receiving state, and suchinvestigation shall be made with all reasonable speed. The request forinvestigation shall be accompanied by complete information concerning thepatient’s intended place of residence and the identity of the person in whosecharge it is proposed to place the patient, the complete medical history of thepatient, and such other documents as may be pertinent.      (b)If the medical or other appropriate clinical authorities having responsibilityfor the care and treatment of the patient in the sending state and theappropriate authorities in the receiving state find that the best interest ofthe patient would be served thereby, and if the public safety would not bejeopardized thereby, the patient may receive after-care or supervision in thereceiving state.      (c)In supervising, treating or caring for a patient on after-care pursuant to theterms of this article, a receiving state shall employ the same standards ofvisitation, examination, care and treatment that it employs for similar localpatients.ARTICLE V      Whenevera dangerous or potentially dangerous patient escapes from an institution in anyparty state, that state shall promptly notify all appropriate authoritieswithin and without the jurisdiction of the escape in a manner reasonablycalculated to facilitate the speedy apprehension of the escapee. Immediatelyupon the apprehension and identification of any such dangerous or potentiallydangerous patient, the patient shall be detained in the state where foundpending disposition in accordance with law.ARTICLE VI      Theduly accredited officers of any state party to this compact, upon theestablishment of their authority and the identity of the patient, shall bepermitted to transport any patient being moved pursuant to this compact throughany 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 giventime. Completion of transfer of any patient to an institution in a receivingstate shall have the effect of making the person a patient of the institutionin the receiving state.      (b)The sending state shall pay all costs of and incidental to the transportationof 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 differentallocation of costs as among themselves.      (c)No provision of this compact shall be construed to alter or affect any internalrelationships among the departments, agencies and officers of and in thegovernment of a party state, or between a party state and its subdivisions, asto the payment of costs, or responsibilities therefor.      (d)Nothing in this compact shall be construed to prevent any party state orsubdivision thereof from asserting any right against any person, agency orother entity in regard to costs for which such party state or subdivisionthereof may be responsible pursuant to any provision of this compact.      (e)Nothing in this compact shall be construed to invalidate any reciprocalagreement between a party state and a nonparty state relating toinstitutionalization, care or treatment of the mentally ill or mentallydeficient, or any statutory authority pursuant to which such agreements may bemade.ARTICLE VIII      (a)Nothing in this compact shall be construed to abridge, diminish, or in any wayimpair the rights, duties and responsibilities of any patient’s guardian on theguardian’s own behalf or in respect of any patient for whom the guardian mayserve, except that where the transfer of any patient to another jurisdictionmakes advisable the appointment of a supplemental or substitute guardian, anycourt of competent jurisdiction in the receiving state may make suchsupplemental or substitute appointment and the court which appointed theprevious guardian shall upon being duly advised of the new appointment, andupon the satisfactory completion of such accounting and other acts as suchcourt may by law require, relieve the previous guardian of power andresponsibility to whatever extent shall be appropriate in the circumstances;provided, however, that in the case of any patient having settlement in thesending state, the court of competent jurisdiction in the sending state shallhave the sole discretion to relieve a guardian appointed by it or continue thepower and responsibility of the guardian, whichever it shall deem advisable.The court in the receiving state may, in its discretion, confirm or reappointthe person or persons previously serving as guardian in the sending state inlieu of making a supplemental or substitute appointment.      (b)The term “guardian” as used in paragraph (a) of this article shall include anyguardian, trustee, legal committee, conservator or other person or agencyhowever denominated who is charged by law with responsibility for the propertyof a patient.ARTICLE IX      (a)No provision of this compact except Article V shall apply to any personinstitutionalized while under sentence in a penal or correctional institutionor while subject to trial on a criminal charge, or whose institutionalizationis due to the commission of an offense for which, in the absence of mentalillness or mental deficiency, said person would be subject to incarceration ina penal or correctional institution.      (b)To every extent possible, it shall be the policy of states party to thiscompact that no patient shall be placed or detained in any prison, jail orlockup, but such patient shall, with all expedition, be taken to a suitableinstitutional facility for mental illness or mental deficiency.ARTICLE X      (a)Each party state shall appoint a “compact administrator” who, on behalf of thestate of the compact administrator, shall act as general coordinator ofactivities under the compact in the state of the compact administrator and whoshall receive copies of all reports, correspondence, and other documentsrelating to any patient processed under the compact by the state of the compactadministrator either in the capacity of sending or receiving state. The compactadministrator or the duly designated representative of the compactadministrator shall be the official with whom other party states shall deal inany matter relating to the compact or any patient processed thereunder.      (b)The compact administrators of the respective party states shall have power topromulgate reasonable rules and regulations to carry out more effectively theterms and provisions of this compact.ARTICLE XI      Theduly constituted administrative authorities of any two or more party states mayenter into supplementary agreements for the provision of any service orfacility or for the maintenance of any institution on a joint or cooperativebasis whenever the states concerned shall find that such agreements willimprove services, facilities, or institutional care and treatment in the fieldsof mental illness or mental deficiency. No such supplementary agreement shallbe construed so as to relieve any party state of any obligation which itotherwise would have under other provisions of this compact.ARTICLE XII      Thiscompact shall enter in
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  • Chapter 428 — NonresidentPersons With Mental Disabilities

     

    2009 EDITION

     

    NONRESIDENTPERSONS WITH MENTAL DISABILITIES

     

    MENTALHEALTH; ALCOHOL AND DRUG ABUSE

     

    OBLIGATIONSCONCERNING NONRESIDENT PERSONS WITH MENTAL DISABILITIES

     

    428.205     Declarationof policy

     

    428.210     Definitionsfor ORS 428.210 to 428.270

     

    428.220     Determiningresidence; admission to state hospital of person whose residence is notestablished

     

    428.230     Returnof nonresident patients; admission of eligible persons

     

    428.240     Reciprocalagreements for interstate exchange of nonresident patients

     

    428.250     Liabilityfor expenses of returning nonresident patients

     

    428.260     Transportationof nonresident patients; payment of expenses

     

    428.270     Liabilityof persons for care and return of nonresident persons with mental disabilities

     

    INTERSTATECOMPACT ON MENTAL HEALTH

     

    428.310     Executionand termination of compact concerning persons with mental disabilities

     

    428.320     Compactadministrator; rules; supplementary agreements

     

    428.330     Dealingwith state not party to compact

     

          428.010 [Amended by1955 c.597 §2; repealed by 1959 c.652 §24]

     

          428.020 [Repealed by1959 c.652 §24]

     

          428.030 [Repealed by1959 c.652 §24]

     

          428.040 [Amended by1957 c.388 §13; repealed by 1959 c.652 §24]

     

          428.050 [Repealed by1959 c.652 §24]

     

          428.060 [Repealed by1959 c.652 §24]

     

          428.070 [Amended by1957 c.92 §1; repealed by 1959 c.652 §24]

     

          428.080 [Repealed by1959 c.652 §24]

     

          428.090 [Repealed by1959 c.652 §24]

     

          428.100 [Repealed by1959 c.652 §24]

     

          428.110 [Repealed by1959 c.652 §24]

     

          428.120 [Repealed by1959 c.652 §24]

     

          428.130 [Repealed by1959 c.652 §24]

     

          428.140 [Repealed by1959 c.652 §24]

     

          428.144 [1955 c.597 §4;repealed by 1959 c.652 §24]

     

          428.146 [1955 c.597 §5;repealed by 1959 c.652 §24]

     

          428.148 [1955 c.597 §6;repealed by 1959 c.652 §24]

     

          428.150 [Repealed by1959 c.652 §24]

     

    OBLIGATIONSCONCERNING NONRESIDENT PERSONS WITH MENTAL DISABILITIES

     

          428.205Declaration of policy. It is declared to be the policy and intent of theLegislative Assembly that whenever a person physically present in the State ofOregon is in need of institutionalization by reason of mental illness or mentalretardation, the person shall be eligible for care and treatment in aninstitution of the State of Oregon irrespective of the residence of the person,settlement or citizenship qualifications. [1975 c.155 §2; 2007 c.70 §223]

     

          428.210Definitions for ORS 428.210 to 428.270. As used in ORS 428.210 to 428.270:

          (1)“Authority” means the Oregon Health Authority.

          (2)“Department” means the Department of Human Services.

          (3)“Foreign hospital” means an institution in any other state which corresponds tothe institutions defined in subsection (8) of this section.

          (4)“Nonresident” means any person who is not a resident of this state as definedin subsection (7) of this section.

          (5)“Other state” includes all the states, territories, possessions, commonwealthsand agencies of the United States and the District of Columbia, with theexception of the State of Oregon.

          (6)“Patient” means any person who has been committed by a court of competentjurisdiction to a state hospital, except a person committed to a state hospitalpursuant to ORS 136.150 (1969 Replacement Part), 136.160 (1969 ReplacementPart), 161.341 or 161.370.

          (7)“Resident of this state” means a person who has lived in this statecontinuously for a period of one year and who has not acquired legal residencein any other state by living continuously therein for at least one yearsubsequent to the residence of the person in this state. However, a service manor woman on active duty in the Armed Forces of the United States who wasdomiciled in Oregon upon entry into active duty and who has acquired no otherdomicile shall be entitled to have his or her children considered a resident ofthis state so long as no other domicile is acquired by the service man orwoman.

          (8)“State hospital” means any institution listed in ORS 426.010 or 427.010. [1957c.388 §5; 1959 c.588 §19; 1967 c.299 §2; 1971 c.743 §368; 1977 c.380 §20; 2001c.900 §131; 2009 c.595 §449]

     

          428.220Determining residence; admission to state hospital of person whose residence isnot established.(1) In determining whether or not any person committed by a court of competentjurisdiction to a state hospital or foreign hospital is a resident of thisstate:

          (a)The time spent in a state hospital or foreign hospital or on parole therefromshall not be counted in determining the residence of such person in this or anyother state.

          (b)The residence of such person at the time of commitment shall remain theresidence of the person for the duration of the commitment of the person.

          (2)The Department of Human Services may give written authorization for theadmission to the Eastern Oregon Training Center whenever:

          (a)The residence of any person cannot be established after reasonable and diligentinvestigation 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 requirementprovided by ORS 428.210 (7).

          (3)The Oregon Health Authority may give written authorization for the admission tothe Blue Mountain Recovery Center or the Oregon State Hospital whenever:

          (a)The residence of any person cannot be established after reasonable and diligentinvestigation and effort.

          (b)The peculiar circumstances of a case, in the judgment of the authority, providea sufficient reason for the suspension of the residence requirement provided byORS 428.210 (7). [1957 c.388 §6; 2009 c.595 §450]

     

          428.230Return of nonresident patients; admission of eligible persons. (1) Except asprovided in ORS 428.205, 428.220 and 428.330, the Department of Human Servicesand the Oregon Health Authority shall return nonresident patients to any otherstate in which they may have legal residence.

          (2)The department may give written authorization for the return to the EasternOregon Training Center of a resident of Oregon who has been committed by acourt of competent jurisdiction to a foreign hospital.

          (3)The superintendent of the Eastern Oregon Training Center shall admit and carefor any person eligible for admission pursuant to subsection (2) of thissection or ORS 428.220 (2) upon receipt of a certified copy of the commitmentpapers and the written authorization of the department.

          (4)The authority may give written authorization for the return to the BlueMountain Recovery Center or the Oregon State Hospital of a resident of Oregonwho has been committed by a court of competent jurisdiction to a foreignhospital.

          (5)The superintendent of the Blue Mountain Recovery Center or the Oregon StateHospital shall admit and care for any person eligible for admission pursuant tosubsection (4) of this section or ORS 428.220 (3) upon receipt of a certifiedcopy of the commitment papers and the written authorization of the authority. [1957c.388 §7; 1975 c.155 §5; 2009 c.595 §451]

     

          428.240Reciprocal agreements for interstate exchange of nonresident patients. (1) For thepurpose of facilitating the return of nonresident patients, the Department ofHuman Services may enter into a reciprocal agreement with any other state forthe mutual exchange of persons committed by a court of competent jurisdictionto the Eastern Oregon Training Center or a foreign hospital, whose legal residenceis in the other’s jurisdiction.

          (2)For the purpose of facilitating the return of nonresident patients, the OregonHealth Authority may enter into a reciprocal agreement with any other state forthe mutual exchange of persons committed by a court of competent jurisdictionto the Blue Mountain Recovery Center, the Oregon State Hospital or a foreignhospital, whose legal residence is in the other’s jurisdiction.

          (3)In such agreements, the department or authority may:

          (a)Only for purposes of mutual exchange with the other state, vary the period ofresidence required by ORS 428.210 (7).

          (b)Provide for the arbitration of disputes arising out of the mutual exchange ofsuch persons between this state and any other state. [1957 c.388 §8; 2009 c.595§452]

     

          428.250Liability for expenses of returning nonresident patients. (1) Except asprovided in ORS 428.270, all expenses incurred under ORS 428.230 and 428.240 inreturning nonresident patients from this state to any other state shall be paidby this state.

          (2)All expenses of returning residents of this state shall be borne by the otherstate making the return. [1957 c.388 §9]

     

          428.260Transportation of nonresident patients; payment of expenses. (1) For thepurpose of carrying out the provisions of ORS 428.210 to 428.270, theDepartment of Human Services or the Oregon Health Authority may employ all helpnecessary in arranging for and transporting nonresident patients.

          (2)The cost and expense of providing such assistance and all expenses incurred ineffecting the transportation of such patients shall be paid from fundsappropriated for that purpose upon vouchers approved by the department, theauthority or the superintendent of the Eastern Oregon Training Center, the BlueMountain Recovery Center or the Oregon State Hospital. [1957 c.388 §10; 1985c.511 §2; 2009 c.595 §453]

     

          428.270Liability of persons for care and return of nonresident persons with mentaldisabilities.(1) Any person, except an officer, agent or employee of a common carrier actingin the line of duty, who brings or in any way aids in bringing into this stateany patient without the written authorization of the Department of HumanServices or the Oregon Health Authority, shall be liable to this state for allexpenses incurred in the care of such patient and in the transportation of suchpatient to the other state where the patient legally resides.

          (2)Hospitals and sanitariums, other than state hospitals, that care for and treatpersons with mental illness or mental retardation shall be responsible for thereturn of those persons to their places of residence or domicile outside thestate if they are brought into this state for treatment and care and aredischarged from such institutions without being fully recovered.

          (3)Failure to comply with the provisions of subsection (2) of this section shallrender the person operating the hospital or sanitarium liable to reimburse thestate for all expenses incurred in the care, maintenance and return of thepersons with mental illness or mental retardation to their places of residenceor domicile outside the state. [1957 c.388 §11; 2007 c.70 §224; 2009 c.595 §454]

     

    INTERSTATECOMPACT ON MENTAL HEALTH

     

          428.310Execution and termination of compact concerning persons with mentaldisabilities.The Department of Human Services or the Oregon Health Authority may execute andterminate a compact on behalf of the State of Oregon with any state, territoryor possession of the United States, the District of Columbia and theCommonwealth of Puerto Rico joining therein, in the form substantially asfollows:

    ______________________________________________________________________________

          Thecontracting states solemnly agree that:

    ARTICLE I

          Theparty states find that the proper and expeditious treatment of the mentally illand mentally deficient can be facilitated by cooperative action, to the benefitof the patients, their families, and society as a whole. Further, the partystates find that the necessity of and desirability for furnishing such care andtreatment bears no primary relation to the residence or citizenship of thepatient but that, on the contrary, the controlling factors of community safetyand humanitarianism require that facilities and services be made available forall who are in need of them. Consequently, it is the purpose of this compactand of the party states to provide the necessary legal basis for theinstitutionalization or other appropriate care and treatment of the mentallyill and mentally deficient under a system that recognizes the paramountimportance of patient welfare and to establish the responsibilities of theparty states in terms of such welfare.

    ARTICLE II

          Asused in this compact:

          (a)“Sending state” shall mean a party state from which a patient is transportedpursuant to the provisions of the compact or from which it is contemplated thata patient may be so sent.

          (b)“Receiving state” shall mean a party state to which a patient is transportedpursuant to the provisions of the compact or to which it is contemplated that apatient may be so sent.

          (c)“Institution” shall mean any hospital or other facility maintained by a partystate or political subdivision thereof for the care and treatment of mentalillness or mental deficiency.

          (d)“Patient” shall mean any person subject to or eligible as determined by thelaws of the sending state, for institutionalization or other care, treatment orsupervision pursuant to the provisions of this compact.

          (e)“After-care” shall mean care, treatment and services provided a patient, asdefined herein, on convalescent status or conditional release.

          (f)“Mental illness” shall mean mental disease to such extent that a person soafflicted requires care and treatment for his own welfare, or the welfare ofothers, or of the community.

          (g)“Mental deficiency” shall mean mental deficiency as defined by appropriateclinical authorities to such extent that a person so afflicted is incapable ofmanaging himself and his affairs, but shall not include mental illness asdefined herein.

          (h)“State” shall mean any state, territory or possession of the United States, theDistrict of Columbia and the Commonwealth of Puerto Rico.

    ARTICLE III

          (a)Whenever a person physically present in any party state shall be in need ofinstitutionalization by reason of mental illness or mental deficiency, theperson shall be eligible for care and treatment in an institution in that stateirrespective of the residence, settlement or citizenship qualifications of theperson.

          (b)The provisions of paragraph (a) of this article to the contrarynotwithstanding, any patient may be transferred to an institution in anotherstate whenever there are factors based upon clinical determinations indicatingthat the care and treatment of said patient would be facilitated or improvedthereby. Any such institutionalization may be for the entire period of care andtreatment or for any portion or portions thereof. The factors referred to inthis paragraph shall include the patient’s full record with due regard for thelocation of the patient’s family, character of the illness and probableduration thereof, and such other factors as shall be considered appropriate.

          (c)No state shall be obliged to receive any patient pursuant to the provisions ofparagraph (b) of this article unless the sending state has given advance noticeof its intention to send the patient; furnished all available medical and otherpertinent records concerning the patient; given the qualified medical or otherappropriate clinical authorities of the receiving state an opportunity toexamine the patient if said authorities so wish; and unless the receiving stateshall agree to accept the patient.

          (d)In the event that the laws of the receiving state establish a system ofpriorities for the admission of patients, an interstate patient under thiscompact shall receive the same priority as a local patient and shall be takenin the same order and at the same time that the patient would be taken if thepatient were a local patient.

          (e)Pursuant to this compact, the determination as to the suitable place ofinstitutionalization for a patient may be reviewed at any time and such furthertransfer of the patient may be made as seems likely to be in the best interestof the patient.

    ARTICLE IV

          (a)Whenever, pursuant to the laws of the state in which a patient is physicallypresent, it shall be determined that the patient should receive after-care orsupervision, such care or supervision may be provided in a receiving state. Ifthe medical or other appropriate clinical authorities having responsibility forthe care and treatment of the patient in the sending state shall have reason tobelieve that after-care in another state would be in the best interest of thepatient and would not jeopardize the public safety, they shall request theappropriate authorities in the receiving state to investigate the desirabilityof affording the patient such after-care in said receiving state, and suchinvestigation shall be made with all reasonable speed. The request forinvestigation shall be accompanied by complete information concerning thepatient’s intended place of residence and the identity of the person in whosecharge it is proposed to place the patient, the complete medical history of thepatient, and such other documents as may be pertinent.

          (b)If the medical or other appropriate clinical authorities having responsibilityfor the care and treatment of the patient in the sending state and theappropriate authorities in the receiving state find that the best interest ofthe patient would be served thereby, and if the public safety would not bejeopardized thereby, the patient may receive after-care or supervision in thereceiving state.

          (c)In supervising, treating or caring for a patient on after-care pursuant to theterms of this article, a receiving state shall employ the same standards ofvisitation, examination, care and treatment that it employs for similar localpatients.

    ARTICLE V

          Whenevera dangerous or potentially dangerous patient escapes from an institution in anyparty state, that state shall promptly notify all appropriate authoritieswithin and without the jurisdiction of the escape in a manner reasonablycalculated to facilitate the speedy apprehension of the escapee. Immediatelyupon the apprehension and identification of any such dangerous or potentiallydangerous patient, the patient shall be detained in the state where foundpending disposition in accordance with law.

    ARTICLE VI

          Theduly accredited officers of any state party to this compact, upon theestablishment of their authority and the identity of the patient, shall bepermitted to transport any patient being moved pursuant to this compact throughany 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 giventime. Completion of transfer of any patient to an institution in a receivingstate shall have the effect of making the person a patient of the institutionin the receiving state.

          (b)The sending state shall pay all costs of and incidental to the transportationof 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 differentallocation of costs as among themselves.

          (c)No provision of this compact shall be construed to alter or affect any internalrelationships among the departments, agencies and officers of and in thegovernment of a party state, or between a party state and its subdivisions, asto the payment of costs, or responsibilities therefor.

          (d)Nothing in this compact shall be construed to prevent any party state orsubdivision thereof from asserting any right against any person, agency orother entity in regard to costs for which such party state or subdivisionthereof may be responsible pursuant to any provision of this compact.

          (e)Nothing in this compact shall be construed to invalidate any reciprocalagreement between a party state and a nonparty state relating toinstitutionalization, care or treatment of the mentally ill or mentallydeficient, or any statutory authority pursuant to which such agreements may bemade.

    ARTICLE VIII

          (a)Nothing in this compact shall be construed to abridge, diminish, or in any wayimpair the rights, duties and responsibilities of any patient’s guardian on theguardian’s own behalf or in respect of any patient for whom the guardian mayserve, except that where the transfer of any patient to another jurisdictionmakes advisable the appointment of a supplemental or substitute guardian, anycourt of competent jurisdiction in the receiving state may make suchsupplemental or substitute appointment and the court which appointed theprevious guardian shall upon being duly advised of the new appointment, andupon the satisfactory completion of such accounting and other acts as suchcourt may by law require, relieve the previous guardian of power andresponsibility to whatever extent shall be appropriate in the circumstances;provided, however, that in the case of any patient having settlement in thesending state, the court of competent jurisdiction in the sending state shallhave the sole discretion to relieve a guardian appointed by it or continue thepower and responsibility of the guardian, whichever it shall deem advisable.The court in the receiving state may, in its discretion, confirm or reappointthe person or persons previously serving as guardian in the sending state inlieu of making a supplemental or substitute appointment.

          (b)The term “guardian” as used in paragraph (a) of this article shall include anyguardian, trustee, legal committee, conservator or other person or agencyhowever denominated who is charged by law with responsibility for the propertyof a patient.

    ARTICLE IX

          (a)No provision of this compact except Article V shall apply to any personinstitutionalized while under sentence in a penal or correctional institutionor while subject to trial on a criminal charge, or whose institutionalizationis due to the commission of an offense for which, in the absence of mentalillness or mental deficiency, said person would be subject to incarceration ina penal or correctional institution.

          (b)To every extent possible, it shall be the policy of states party to thiscompact that no patient shall be placed or detained in any prison, jail orlockup, but such patient shall, with all expedition, be taken to a suitableinstitutional facility for mental illness or mental deficiency.

    ARTICLE X

          (a)Each party state shall appoint a “compact administrator” who, on behalf of thestate of the compact administrator, shall act as general coordinator ofactivities under the compact in the state of the compact administrator and whoshall receive copies of all reports, correspondence, and other documentsrelating to any patient processed under the compact by the state of the compactadministrator either in the capacity of sending or receiving state. The compactadministrator or the duly designated representative of the compactadministrator shall be the official with whom other party states shall deal inany matter relating to the compact or any patient processed thereunder.

          (b)The compact administrators of the respective party states shall have power topromulgate reasonable rules and regulations to carry out more effectively theterms and provisions of this compact.

    ARTICLE XI

          Theduly constituted administrative authorities of any two or more party states mayenter into supplementary agreements for the provision of any service orfacility or for the maintenance of any institution on a joint or cooperativebasis whenever the states concerned shall find that such agreements willimprove services, facilities, or institutional care and treatment in the fieldsof mental illness or mental deficiency. No such supplementary agreement shallbe construed so as to relieve any party state of any obligation which itotherwise would have under other provisions of this compact.

    ARTICLE XII

          Thiscompact shall enter in

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