430.315
Policy. The
Legislative Assembly finds alcoholism or drug dependence is an illness. The
alcoholic or drug-dependent person is ill and should be afforded treatment for
that illness. 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 alcoholism or drug
dependence shall develop criteria consistent with this policy in consultation
with the Oregon Health Authority. In reviewing applications for certificate of
need, the Director of the Oregon Health Authority shall take this policy into
account. [1971 c.622 §1; 1973 c.795 §5; 1983 c.601 §3; 1987 c.660 §22; 2001
c.900 §137; 2009 c.595 §481]
430.320 [1961 c.706 §22; repealed by 1963
c.490 §5]
430.325 [1971 c.622 §3; 1973 c.795 §6;
1975 c.715 §1; 1977 c.745 §39; 1983 c.338 §928; renumbered 430.402 in 2011]
430.330 [1961 c.706 §23; repealed by 1963
c.490 §5]
Notes of Decisions
State Ex Rel. Juv. Dep't v. Ashley, 818 P.2d 1270 (Or. 1991).
· cites it 2× “450(9) (defining "drug-dependent person"); [14] ORS 430.315 and 430.415 (recognizing drug dependency as an illness).”
Scovill v. City of Astoria, 921 P.2d 1312 (Or. 1996).
“470, also contained, as section 1 (now codified as ORS 430.315), a provision declaring: “The Legislative Assembly finds alcoholism * * * is an illness.”
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
“" ORS 430.315. That text was derived from the Uniform Alcoholism and Intoxication Treatment Act, although SB 431 omitted some of the exceptions contained therein: "(a) No county, municipality, or other political subdivision may adopt or enforce a local law, ordinance,…”
State v. Uroza-Zuniga, 402 P.3d 772 (Or. Ct. App. 2017).
“See ORS 430.315 (“The Legislative Assembly finds alcoholism or drug dependence is an illness.”
Cannon v. Juras, 521 P.2d 9 (Or. Ct. App. 1974).
“” (ORS 430.315.) We cannot say that the respondent lacked authority to conclude in 1969 that chronic alcoholism was an illness which could be disabling under ORS 412.”
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