ORS 430.401
Liability of public officers, providers, treatment facilities and sobering facilities

(1)

A police officer, physician, naturopathic physician, physician assistant, nurse practitioner, judge, treatment facility, treatment facility staff member or sobering facility that is registered with the Oregon Health Authority under ORS 430.262 (Registration of sobering facilities) based on a written request for registration received by the authority before January 1, 2016, or the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS 430.315 (Policy), 430.335 (Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders), 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) and 430.402 (Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs) provided the actions are in good faith, on probable cause and without malice.

(2)

A sobering facility registered with the authority under ORS 430.262 (Registration of sobering facilities) based on a written request for registration received by the authority on or after January 1, 2016, and the staff of the sobering facility, may not be held criminally or civilly liable for actions pursuant to ORS 430.315 (Policy), 430.335 (Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders), 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities) and 430.402 (Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs) provided the actions are in good faith, on probable cause and without gross negligence. [Formerly 426.470; 2014 c.45 §47; 2015 c.730 §4; 2017 c.356 §55]
Note: See note under 430.397 (Voluntary admission of person to treatment facility).

Source: Section 430.401 — Liability of public officers, providers, treatment facilities and sobering facilities, https://www.­oregonlegislature.­gov/bills_laws/ors/ors430.­html (accessed May 26, 2025).

Notes of Decisions

Immunity for actions taken does not immunize peace officers for failure to take required actions regarding incapacitated person. Scovill v. City of Astoria, 324 Or 159, 921 P2d 1312 (1996)

430.010
Definitions 430.021
Functions of Department of Human Services and Oregon Health Authority 430.030
Application of ORS 430.021 430.050
Mental Health Advisory Board 430.071
Policies to support and promote independence and self-determination 430.073
Consumer Advisory Council 430.075
Consumer participation on task forces, commissions, advisory groups and committees 430.078
Rules 430.140
Federal grants for promoting mental health 430.160
Federal funds deposited in special account 430.165
Fee schedules 430.195
Receipt of funds for client use 430.197
Mental Health Services Fund 430.205
Definitions for ORS 430.205 and 430.210 430.210
Rights of persons receiving mental health services 430.212
Reconnection of family members to individual with developmental disability 430.215
Responsibility for developmental disability services and psychiatric treatment services for children 430.216
Report to Legislative Assembly 430.220
Director 430.221
Commission members 430.223
Comprehensive addiction, prevention, treatment and recovery plan 430.230
Definitions 430.231
Improving People’s Access to Community-based Treatment, Supports and Services Program established 430.233
Improving People’s Access to Community-based Treatment, Supports and Services Account 430.234
Improving People’s Access to Community-based Treatment, Supports and Services Grant Review Committee established 430.235
Grant Review Committee 430.236
Establishment of quality improvement subcommittee 430.238
State funding to counties, Indian tribes or regional consortia for enhancing and sustaining support and services provided to target population 430.243
Grants to coordinated care organizations authorized 430.245
Identification of costs and cost savings from program 430.254
Goal of treatment programs for persons with substance use disorders 430.256
Planning and administering alcohol and drug treatment programs 430.262
Registration of sobering facilities 430.263
Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services 430.265
Contracts with federal government for substance use disorder services 430.270
Publicizing effects of alcohol and drugs 430.272
Educational resources on risks of inhalant use 430.274
Oregon Health Authority to establish peer- and community-driven programs to provide behavioral health services 430.275
Oregon Health Authority to provide funding for peer respite centers 430.278
Oregon Health Authority to evaluate rules governing behavioral health programs to reduce administrative burdens on providers 430.306
Definitions 430.315
Policy 430.335
Responsibility of Oregon Health Authority relating to care of individuals with substance use disorders 430.338
Purposes of laws related to alcoholism 430.342
Local planning committees 430.345
Grants for prevention of, intervention in and treatment for substance use disorders 430.347
Definitions for ORS 430.345 to 430.380 430.350
Assistance and recommendation of local planning committee 430.355
Grant application may cover more than one service 430.357
Minimum standards 430.358
Opioid treatment center required to accept Medicare payments 430.359
Funding of services 430.362
Application requirements for priority consideration 430.364
Consideration given requests for priority 430.366
Requirements for service proposals and data reporting 430.368
Appeal and review of funding requests 430.370
County contracts for services 430.375
Fee schedule 430.380
Mental Health Alcoholism and Drug Services Account 430.381
Construction 430.383
Findings and policy 430.384
Drug Treatment and Recovery Services Fund established 430.386
Moneys in fund not to replace current funding for programs and services 430.387
Distribution of moneys in fund 430.388
Oversight and Accountability Council 430.389
Council to approve grants and funding to Behavioral Health Resource Networks and other entities to increase access to treatment and services 430.390
Administration of grants 430.391
Behavioral Health Resource Network statewide telephone hotline 430.392
Secretary of State to audit use of funds from Drug Treatment and Recovery Services Fund 430.393
Report to Legislative Assembly 430.394
Education campaign 430.397
Voluntary admission of person to treatment facility 430.399
When person must be taken to treatment facility or sobering facility 430.401
Liability of public officers, providers, treatment facilities and sobering facilities 430.402
Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs 430.405
Definition 430.415
Drug dependence as illness 430.420
Integration of drug treatment services into criminal justice system 430.422
Drug Prevention and Education Fund 430.424
Distribution of funds 430.426
Rules 430.450
Definitions for ORS 430.450 to 430.555 430.455
Information to arrested person believed to have substance use disorder 430.460
Consent to evaluation 430.465
Referral for evaluation 430.470
Notice of right to evaluation if not given at time of arrest 430.475
Evaluation results as evidence 430.480
Effect of ORS 430.450 to 430.555 on other evidence 430.485
Treatment may be ordered 430.490
Diversion plan for defendant 430.495
Content of diversion plan 430.500
Dismissal of charges 430.505
Expunction of verdict 430.510
Notice when treatment unsuccessful 430.515
Procedure to terminate treatment 430.535
Requirement to develop bilingual forms 430.540
Designation of and standards for evaluation sites 430.545
Procedures at evaluation sites 430.550
Discrimination prohibited 430.555
Liability for violation of civil rights or injuries to participant 430.560
Oregon Health Authority adoption of requirements for contracted drug treatment programs 430.565
Nonapplicability of drug laws to certain persons in treatment program 430.570
Information concerning opiate inhibitors to be made available 430.572
Internet access to providers of opiate use disorder treatment 430.573
Statewide capacity to provide opiate use disorder treatment 430.590
Regulation of location of methadone clinic 430.610
Legislative policy 430.620
Establishment of community mental health and developmental disabilities programs by one or more counties 430.624
9-8-8 Trust Fund established 430.626
Definitions 430.627
Statewide coordinated crisis system 430.628
City and community mental health program provision of crisis stabilization services 430.629
Oversight and direction on implementation and operation of statewide coordinated crisis system 430.630
Services to be provided by community mental health programs 430.631
Local advisory committees 430.632
Report on implementation of comprehensive local plan for delivery of mental health services 430.634
Evaluation of programs 430.637
Criteria for certificate of approval issued to mental health or substance use disorder treatment provider 430.638
Immunity from civil liability for reliance on certificate of approval 430.640
Duties of Oregon Health Authority in assisting and supervising community mental health programs 430.641
Behavioral Health Housing Incentive Fund established 430.643
Disbursement of moneys in fund 430.644
Priorities for services provided by community mental health programs 430.646
Priorities for services for persons with mental or emotional disturbances 430.648
Funding distribution formula 430.651
Use of population data in funding formula 430.662
Duties of Department of Human Services to provide or to contract for provision of community developmental disabilities services 430.664
Requirements for developmental disabilities programs and support service brokerages 430.670
Contracts to provide services 430.672
Contract requirements for community mental health or developmental disabilities programs 430.673
Mediation 430.694
Applicability of federal law to activities under ORS 430.610 to 430.695 involving federal funds 430.695
Treatment of certain receipts as offsets to state funds 430.705
Mental health services for children 430.708
Priority for preventive services for children 430.709
Funding of regional centers for treatment of adolescents with substance use disorders 430.715
Hospital services 430.717
Collection of data regarding demand and capacity for intensive behavioral health treatment for children and adolescents 430.725
Gifts and grants 430.731
Uniform investigation procedures 430.735
Definitions for ORS 430.735 to 430.765 430.737
Mandatory reports and investigations 430.738
Privileges not applicable to abuse proceedings 430.739
County multidisciplinary teams 430.743
Abuse report 430.745
Investigation of abuse 430.746
Training requirements for persons investigating reports of alleged abuse 430.747
Photographs of victim during investigation 430.753
Immunity of persons making reports in good faith 430.755
Retaliation prohibited 430.756
Immunity of employer reporting abuse by employee 430.757
Reports of abuse to be maintained by Department of Human Services 430.763
Confidentiality of records 430.765
Duty of officials to report abuse 430.768
Claims of self-defense addressed in certain reports of abuse 430.850
Treatment program 430.860
Participation in program 430.870
Rules 430.880
Gifts, grants or services 430.900
Definitions for ORS 430.900 to 430.930 430.905
Policy 430.915
Health care providers to encourage counseling and therapy 430.920
Risk assessment for drug and alcohol use 430.930
Substance use disorder education at Oregon Health and Science University 430.955
Standardized screening instrument

Current through early 2026

§ 430.401. Liab. of public officers, providers, treatment facilities & sobering facilities's source at oregon​.gov