SALEM, OR — After months of Marion County’s informal requests, formal letters, a rulemaking petition, and ongoing pressure with a coalition of behavioral health partners, the Oregon Health Authority (OHA) finally amended rules that endangered staff and residents at treatment facilities.
The Board of Commissioners shared the news during Wednesday’s Board Session that OHA had amended its rules to allow for the emergency discharge of individuals who are a threat to staff, residents, neighbors, or others before an assault occurs. The previous rules prevented treatment facilities from discharging or transferring residents who posed a danger to others without first requiring a criminal assault that resulted in serious physical harm.
"On Monday last week, we publicly called out OHA for knowingly putting people at risk and their unwillingness to work with treatment providers across Oregon who had concerns and all told the same story highlighting the risks to staff and residents,” said Commissioner Danielle Bethell. “The following Friday, OHA finally listened to that public pressure and announced their amendment to the core rule that prevented discharging a dangerous resident until they had already harmed someone. I want to thank all the providers who joined us in speaking out.
“We appreciate OHA Interim Director Fariborz Pakseresht hearing us and helping to facilitate action on this.”
On Friday, October 23, OHA formally noticed the temporary rule update with the Secretary of State to make it legally applicable immediately. OHA’s memo showed the tracked changes:
"This is a huge win for Marion County and providers across the state,” said Commissioner Colm Willis, Chair. “OHA should have never put staff and residents in danger in the first place, and it’s refreshing to see them finally listen to common sense after all these months.”
“We will always advocate for public safety in our community,” said Commissioner Kevin Cameron. “There’s obviously still much work to be done here, but we’re thankful to the coalition of partners who came together to get this done and protect staff, residents, neighbors, and others.”
Background
On October 15, 2026, Marion County and the Oregon Council for Behavioral Health convened providers from across the state. Their concerns, which County Counsel Steve Elzinga sent to OHA Interim Director Fariborz Pakseresht on October 16, included:
Multiple providers described patients attempting to harm themselves or others, and said OHA is not allowing providers to intervene.
OHA applies rules differently to different providers. Some are allowed to ban alcohol and drugs in their facilities while others are not.
Providers of every size and in every part of Oregon raised similar concerns and said OHA is not listening to input.
After months of unresolved informal talks between providers and OHA, Marion County escalated its concerns:
June 29: Letter to OHA leadership
August 19: Rulemaking petition on OAR Chapter 309, Divisions 35 and 40, requiring OHA to consider changes and take public comment
August 25: Letter asking Governor Tina Kotek to direct OHA to address the safety concerns
August 27: All three Yamhill County commissioners signed a letter supporting the petition
October 15–16: Statewide coalition of providers convening and follow-up letter to OHA calling for immediate update to administrative rules to protect safety.
October 19: Public comment period closed
In its August 25 letter to Governor Kotek, the Board of Commissioners wrote: "OHA answers to you, and OHA's endangerment of county employees and program participants simply cannot be allowed to continue."
Organizations that have supported Marion County's rulemaking petition include Yamhill County, Columbia Community Mental Health, Halfway House Services, Inc., Wallowa Valley Center for Wellness, the Oregon Council for Behavioral Health, and the Association of Oregon Community Mental Health Programs (AOCMHP).