Marion County

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News Release

OHA Rules Require Criminal Assault Before Providers Can Discharge Dangerous Residents, OHA Considering Calls From Growing Coalition For Immediate Update To Rules - 10/19/26

SALEM, OR — A growing chorus of treatment providers is calling for changes to Oregon Health Authority (OHA) rules that are jeopardizing staff and resident safety at residential treatment facilities. After Marion County submitted a rulemaking petition, OHA confirmed it would consider Marion County’s rulemaking petition and seek public comments until October 19, 2026.

 

“Marion County and the Oregon Council for Behavioral Health jointly call on OHA to update and fix rules immediately upon the close of the rulemaking public comment period on October 19, 2026,” said Marion County Commissioner Danielle Bethell and Oregon Council for Behavioral Health Executive Director Heather Jefferis. “Ensuring safety of providers and residents simply cannot wait any longer. Every. Day. Matters.”

 

On October 15, 2026, Marion County coordinated with the Oregon Council for Behavioral Health to convene a large group of providers from across the state to discuss the continued need for rule updates similar to those requested by Marion County’s rulemaking petition regarding Oregon Administrative Rule (OAR) Chapter 309, Division 35 and 40, to provide safety to county staff, providers, program participants, visitors, and neighbors, as well as clarify increasingly confusing, costly, and contradictory Rules.

 

Marion County sent a letter to OHA summarizing concerns from providers that show why rule updates are needed, including:

  • The safety of providers, patients, staff, and the community are extremely important. When multiple providers are giving examples of having patients who are attempting to harm themselves and/or others, and OHA is not allowing providers to intervene, there is a clear problem.
  • OHA’s rulemaking is not thought out, does not take into consideration the needs of the providers, patients, staff, or community, and needs dramatic overhauling.
  • OHA applies rules differently to different providers, depending on who you are able to talk to at OHA. One example is that some providers are allowed to ban alcohol and drugs in their facilities, and others are not.
  • The inconsistency in the rules, the application of the rules, and the way they are created are harmful to our communities, Oregon’s mental health crisis, and the needs of the patients OHA is supposed to serve.
  • No matter the size of the provider, or where in Oregon they are located, there are numerous concerns – many of them extremely similar to one another – and OHA is not listening.

Background

 

After months of unresolved informal back-and-forth between providers and OHA early this year, Marion County escalated concerns with:

“OHA answers to you and OHA's endangerment of county employees and program participants simply cannot be allowed to continue,” the Marion County Board of Commissioners wrote. “We respectfully ask that you direct OHA to work with Marion County and other affected counties and providers to promptly address these concerns and develop rules that appropriately balance individual rights with the safety of residents, employees, providers, and the broader community.”

 

On August 27, all three members of Yamhill County’s board of commissioners signed a letter supporting Marion County’s rulemaking petition and writing that: “Yamhill County requests that OHA adopt amendments to restore safety, efficiency, and clarity for all parties involved in behavioral health residential facilities and homes.” (underlining in original).

 

Organizations who have supported Marion County’s efforts include Columbia Community Mental Health, Halfway House Services, Inc., Wallowa Valley Center for Wellness, Oregon Council for Behavioral Health, and the Association of Oregon Community Mental Health Programs (AOCMHP).

OHA Rules Require Criminal Assault Before Providers Can Discharge Dangerous Residents, OHA Considering Calls From Growing Coalition For Immediate Update To Rules - 10/19/26

SALEM, OR — A growing chorus of treatment providers is calling for changes to Oregon Health Authority (OHA) rules that are jeopardizing staff and resident safety at residential treatment facilities. After Marion County submitted a rulemaking petition, OHA confirmed it would consider Marion County’s rulemaking petition and seek public comments until October 19, 2026.

 

“Marion County and the Oregon Council for Behavioral Health jointly call on OHA to update and fix rules immediately upon the close of the rulemaking public comment period on October 19, 2026,” said Marion County Commissioner Danielle Bethell and Oregon Council for Behavioral Health Executive Director Heather Jefferis. “Ensuring safety of providers and residents simply cannot wait any longer. Every. Day. Matters.”

 

On October 15, 2026, Marion County coordinated with the Oregon Council for Behavioral Health to convene a large group of providers from across the state to discuss the continued need for rule updates similar to those requested by Marion County’s rulemaking petition regarding Oregon Administrative Rule (OAR) Chapter 309, Division 35 and 40, to provide safety to county staff, providers, program participants, visitors, and neighbors, as well as clarify increasingly confusing, costly, and contradictory Rules.

 

Marion County sent a letter to OHA summarizing concerns from providers that show why rule updates are needed, including:

  • The safety of providers, patients, staff, and the community are extremely important. When multiple providers are giving examples of having patients who are attempting to harm themselves and/or others, and OHA is not allowing providers to intervene, there is a clear problem.
  • OHA’s rulemaking is not thought out, does not take into consideration the needs of the providers, patients, staff, or community, and needs dramatic overhauling.
  • OHA applies rules differently to different providers, depending on who you are able to talk to at OHA. One example is that some providers are allowed to ban alcohol and drugs in their facilities, and others are not.
  • The inconsistency in the rules, the application of the rules, and the way they are created are harmful to our communities, Oregon’s mental health crisis, and the needs of the patients OHA is supposed to serve.
  • No matter the size of the provider, or where in Oregon they are located, there are numerous concerns – many of them extremely similar to one another – and OHA is not listening.

Background

 

After months of unresolved informal back-and-forth between providers and OHA early this year, Marion County escalated concerns with:

“OHA answers to you and OHA's endangerment of county employees and program participants simply cannot be allowed to continue,” the Marion County Board of Commissioners wrote. “We respectfully ask that you direct OHA to work with Marion County and other affected counties and providers to promptly address these concerns and develop rules that appropriately balance individual rights with the safety of residents, employees, providers, and the broader community.”

 

On August 27, all three members of Yamhill County’s board of commissioners signed a letter supporting Marion County’s rulemaking petition and writing that: “Yamhill County requests that OHA adopt amendments to restore safety, efficiency, and clarity for all parties involved in behavioral health residential facilities and homes.” (underlining in original).

 

Organizations who have supported Marion County’s efforts include Columbia Community Mental Health, Halfway House Services, Inc., Wallowa Valley Center for Wellness, Oregon Council for Behavioral Health, and the Association of Oregon Community Mental Health Programs (AOCMHP).