69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2661

                         House Bill 2538

Sponsored by Representative HILL


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits delivery or dispensing of methadone. Prohibits any
state participation in federal program promoting use of methadone
as treatment.
  Punishes by maximum imprisonment of five years, $100,000 fine,
or both.

                        A BILL FOR AN ACT
Relating to methadone; creating new provisions; amending ORS
  109.675 and 430.560; and repealing ORS 430.565 and 430.590 and
  sections 1, 2, 3, 4, 5, 6 and 7, chapter 740, Oregon Laws 1993.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) It is unlawful for any person to knowingly
deliver or dispense methadone.
  (2) The State of Oregon may not participate in any federal
program that uses or promotes the use of methadone in the
treatment of addiction to controlled substances.
  (3) As used in this section, 'deliver' and 'dispense ' have the
meanings given those terms in ORS 475.005.
  (4) Violation of subsection (1) of this section is a Class C
felony. + }
  SECTION 2. ORS 109.675 is amended to read:
  109.675. (1) A minor 14 years of age or older may obtain,
without parental knowledge or consent, outpatient diagnosis or
treatment of a mental or emotional disorder or a chemical
dependency  { - , excluding methadone maintenance, - }  by a
physician licensed by the Board of Medical Examiners for the
State of Oregon, a psychologist licensed by the State Board of
Psychologist Examiners, a nurse practitioner registered by the
Oregon State Board of Nursing or a clinical social worker
licensed by the State Board of Clinical Social Workers or a
community mental health and developmental disabilities program
established and operated pursuant to ORS 430.620 when approved to
do so by the Mental Health and Developmental Disability Services
Division pursuant to rule.
  (2) However, the person providing treatment shall have the
parents of the minor involved before the end of treatment unless
the parents refuse or unless there are clear clinical indications
to the contrary, which shall be documented in the treatment
record. The provisions of this subsection do not apply to:
  (a) A minor who has been sexually abused by a parent; or

  (b) An emancipated minor, whether emancipated under the
provisions of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or,
for the purpose of this section only, emancipated by virtue of
having lived apart from the parents or legal guardian while being
self-sustaining for a period of 90 days prior to obtaining
treatment as provided by this section.
  SECTION 3. ORS 430.560 is amended to read:
  430.560. (1) The Mental Health and Developmental Disability
Services Division shall establish for drug-dependent persons
treatment programs that involve:
  (a) Detoxification; { +  and + }
  (b) Detoxification with acupuncture and counseling { + . + }
 { - ; and - }
    { - (c) The supplying of synthetic opiates to such persons
under close supervision and control. However, the supplying of
synthetic opiates shall be used only when detoxification or
detoxification with acupuncture and counseling has proven
ineffective or upon a written request of a physician licensed by
the Board of Medical Examiners for the State of Oregon showing
medical need for synthetic opiates if the request is approved in
writing by the probation or parole officer, if any, of the
drug-dependent person.  The copy of the request and the approval
must be included in the client's permanent treatment and
releasing authority records. - }
    { - (2) Notwithstanding subsection (1) of this section,
synthetic opiates may be made available to a pregnant woman with
her informed consent without prior resort to the treatment
programs described in subsection (1)(a) and (b) of this
section. - }
    { - (3) - }  { +  (2) + } In establishing the programs
authorized by subsection (1) of this section, the Mental Health
and Developmental Disability Services Division may enter into
contracts with detoxification programs, physicians licensed by
the Board of Medical Examiners for the State of Oregon,
acupuncturists, counselors, licensed pharmacies and any agency of
this state or a political subdivision in this state to conduct
the required examinations and to supply the services used in the
programs.
    { - (4) - }  { +  (3) + } The division shall establish rules
of eligibility for the programs authorized by   { - ORS 430.565
and - }  this section, considering such factors as residency,
duration of dependency on drugs or controlled substances, failure
of previous attempts at abstinence and other relevant factors.
The division shall establish reasonable fees for participation in
the programs.
    { - (5) - }   { + (4) + } Pursuant to ORS 183.310 to 183.550,
the division shall adopt rules governing the administration of
the programs authorized by   { - ORS 430.565 and - }  this
section.
  SECTION 4.  { + ORS 430.565 and 430.590 and sections 1, 2, 3,
4, 5, 6 and 7, chapter 740, Oregon Laws 1993, are repealed. + }
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