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Oregon Revised Statutes

Or. Rev. Stat. § 161.387 (2026)

Board to implement policies; rulemaking

✓ current as of May 2026
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      161.387 Board to implement policies; rulemaking. (1) 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 board deems necessary or appropriate to carry out its statutory responsibilities.

      (2) Administrative meetings of the board are not deliberations for the purposes of ORS 192.690. [1981 c.711 §§10,11; 2011 c.708 §11b]

 

      Note: 161.387 was enacted into law by the Legislative Assembly but was not added to or made a part of 161.385 to 161.395 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1989–2025 · leading case: Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
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Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997). · cites it 2× “Pursuant to ORS 161.387(1), 8 the PSRB in 1985 adopted rules in which it incorporated those statutory exclusions, OAR 859-10-005(4) (1987), 9 and defined the terms “mental disease” and “mental defect,” OAR 859-10-005(5) and (6) (1987).”
Hanson v. Psychiatric Sec. Review Bd., 19 P.3d 350 (Or. 2001). “In 1985, pursuant to ORS 161.387(1), the PSRB adopted rules in which it incorporated the foregoing statutory exclusions, OAR 859-10-005(4) (1987), 3 and defined the terms “mental disease” and “mental defect,” OAR 859-10-005(5) and (6) (1987).”
Walters v. PSRB, 341 Or. App. 41 (Or. Ct. App. 2025). “” OAR 859-010-0005(15)(b); see also ORS 161.387 (the PSRB “may promulgate such interpretive rules as the board deems necessary or appropriate to carry out its statutory responsibilities”).”
Osborn v. Psychiatric Sec. Review Bd., 851 P.2d 614 (Or. Ct. App. 1993). · cites it 2× “” ORS 161.387 (l). 4 PSRB exercised its rulemaking authority by promulgating OAR 859-10-005(5) and (6), which define “mental disease” and “mental defect”: “(5) ‘Mental Disease.”
Oregonian Publ'g Co. v. Oregon State Bd. of Parole, 769 P.2d 795 (Or. Ct. App. 1989). · cites it 2× “” 5 A “convening” of a governing body “for which a quorum is required in order to make it a decision or deliberate toward a decision” is nonetheless a meeting even though the governing body might also gather information at the same time.”
Strecker v. Psychiatric Sec. Review Bd., 851 P.2d 1151 (Or. Ct. App. 1993). “” ORS 161.387(1). PSRB has exercised that authority and defined “mental disease” and “mental defect” in administrative rules.”
Walters v. PSRB, 341 Or. App. 41 (Or. Ct. App. 2025). “” OAR 859-010-0005(15)(b); see also ORS 161.387 (the PSRB “may promulgate such interpretive rules as the board deems necessary or appropriate to carry out its statutory responsibilities”).”
— Or. Rev. Stat. § 161.387(1) — 4 cases
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997). “Pursuant to ORS 161.387(1), 8 the PSRB in 1985 adopted rules in which it incorporated those statutory exclusions, OAR 859-10-005(4) (1987), 9 and defined the terms “mental disease” and “mental defect,” OAR 859-10-005(5) and (6) (1987).”
Hanson v. Psychiatric Sec. Review Bd., 19 P.3d 350 (Or. 2001). “In 1985, pursuant to ORS 161.387(1), the PSRB adopted rules in which it incorporated the foregoing statutory exclusions, OAR 859-10-005(4) (1987), 3 and defined the terms “mental disease” and “mental defect,” OAR 859-10-005(5) and (6) (1987).”
Osborn v. Psychiatric Sec. Review Bd., 851 P.2d 614 (Or. Ct. App. 1993). “” ORS 161.387 (l). 4 PSRB exercised its rulemaking authority by promulgating OAR 859-10-005(5) and (6), which define “mental disease” and “mental defect”: “(5) ‘Mental Disease.”
Strecker v. Psychiatric Sec. Review Bd., 851 P.2d 1151 (Or. Ct. App. 1993). “” ORS 161.387(1). PSRB has exercised that authority and defined “mental disease” and “mental defect” in administrative rules.”
— Or. Rev. Stat. § 161.387(2) — 1 case
Oregonian Publ'g Co. v. Oregon State Bd. of Parole, 769 P.2d 795 (Or. Ct. App. 1989). “” 5 A “convening” of a governing body “for which a quorum is required in order to make it a decision or deliberate toward a decision” is nonetheless a meeting even though the governing body might also gather information at the same time.”
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