Marion County Calls Out State Health Agency for Rules That Put Staff and Residents at Risk
SALEM, OR — Marion County sent a formal letter on June 29 to Oregon Health Authority (OHA) Director Dr. Sejal Hathi urging the state agency to reverse a series of recent administrative rule changes that endanger staff, patients, and the community, while increasing costs and undermining the effectiveness of mental health and residential care programs.
"OHA is making sweeping rule changes in a matter of weeks with little to no input from the people directly impacted," said Commissioner Danielle Bethell. "These rules will deeply affect the safety of staff working in difficult conditions and the residents they're trying to help. I urge providers, clients, other counties, and cities to get informed on these rule changes and weigh in.”
Among the most alarming changes are a new rule that requires county health staff to stand by and wait until a physical assault has already occurred before they can remove a dangerous resident from a facility. Under OAR 309-035-0170, staff cannot act on an emergency safety threat unless a resident has already caused "serious physical harm" to another resident or staff member. Even then, the rule offers no protection if a visitor or neighbor is the victim.
The letter also raises concerns about:
Alcohol in residential treatment facilities. OAR 309-040-0394 requires providers to allow residents to consume alcohol on the premises, even when it directly undermines treatment for that resident or others around them.
Unnecessary compliance costs. A May 2026 rule update requires county facilities to meet standards "substantially equivalent to landlord-tenant laws," despite a state statute (ORS 90.110) that specifically exempts facilities providing medical, counseling, or similar services from those laws.
Forced admissions. A new rule requires providers to conduct a screening interview before denying any placement and compels programs to accept referrals directly from OHA, even when a provider knows that individual is not a safe or appropriate fit for their program.
Marion County called on OHA to pause the current amendment process until they have consulted with counties, providers, and the individuals impacted to revise the rules with patient safety and staff wellbeing in mind.