Title 35 — MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES; SUBSTANCE USE DISORDER TREATMENT
As used in ORS 426.005 to 426.390, unless the context requires otherwise: “Community mental health program director” means the director of an entity that provides the services described in ORS 430.630 (3) to (5). “Director of the facility” means a superintendent of a state mental hospital, the chief of psychiatric services in a community hospital or the pe…
Except as otherwise ordered by the Oregon Health Authority pursuant to ORS 179.325, the Oregon State Hospital campuses in Salem, Marion County, and in Junction City, Lane County, shall be used as state hospitals for the inpatient care and treatment of persons with mental illness who are assigned to the care of the institutions by the authority or who have pr…
The superintendent of a hospital referred to in ORS 426.010 must be a person the Oregon Health Authority considers qualified to administer the hospital. The Director of the Oregon Health Authority or the designee of the director shall designate a physician licensed by the Oregon Medical Board to serve as chief medical officer of a hospital referred to in OR…
The Oregon Health Authority may assign classifications, as defined by rule of the authority, to facilities that provide care and treatment for persons committed to the authority under ORS 426.130 or provide emergency care or treatment for persons pursuant to ORS 426.070, 426.077 or 426.228 to 426.235. The authority may authorize a facility to retake custody …
Commitments to the Oregon Health Authority shall be made only by the judge of a circuit court in a county of this state. The following is a nonexclusive list of powers the authority may exercise concerning the placement of persons committed or persons receiving emergency care and treatment under ORS 426.070, 426.077 or 426.228 to 426.235: In its discretion…
Any of the following may initiate commitment procedures under this section by giving the notice described under subsection (2) of this section: Two persons; The local health officer; or A magistrate mentioned in ORS 133.030 or a judge of a court of a federally recognized Indian tribe located in this state. For purposes of subsection (1) of this section, …
A hospital or nonhospital facility must comply with provisions of subsection (2) of this section when a person alleged to have a mental illness and to be in need of treatment is placed in custody at the hospital or nonhospital facility: By a warrant of detention under ORS 426.070; By a peace officer under ORS 426.228 or other individual authorized under OR…
The following is applicable to an investigation initiated by a community mental health program director, or a designee of the director, as part of commitment procedures under ORS 426.070 and 426.228 to 426.235: If the person alleged to have a mental illness and to be in need of treatment is held in custody before the hearing the investigation shall be compl…
This section establishes procedures that are required to be followed before the hearing if a court, under ORS 426.070, orders a hearing under ORS 426.095. The following apply as described: The court shall be fully advised of all drugs and other treatment known to have been administered to the person alleged to have a mental illness and to be in need of trea…
At any time before the conclusion of a hearing under ORS 426.095, the community mental health program director may offer a person alleged to have a mental illness and to be in need of treatment a diversion from commitment as an opportunity for intensive treatment if: The community mental health program director and a licensed independent practitioner of a h…
The person serving a warrant of detention or the citation provided for by ORS 426.090 shall, immediately after service thereof, make a return upon the original warrant or citation showing the time, place and manner of such service and file it with the clerk of the court. In executing the warrant of detention or citation, the person has all the powers provide…
If a court, following an investigation, concludes under ORS 426.070 (5) that there is probable cause to believe a person has a mental illness and is in need of treatment, the judge shall issue a citation to the person stating the nature of the information filed concerning the person and the specific reasons the person is believed to have a mental illness and…
The following is applicable to a commitment hearing held by a court under ORS 426.070: The hearing may be held in a hospital, the person’s home or in some other place convenient to the court and the person alleged to have a mental illness. The court shall hold the hearing at the time established according to the following: Except as provided by paragraph …
At the time the person alleged to have a mental illness and to be in need of treatment is brought before the court, the court shall advise the person of the following: The reason for being brought before the court; The nature of the proceedings; The possible results of the proceedings; The right to subpoena witnesses; and The person’s rights regarding r…
The following requirements relating to the appointment of examiners for purposes of a hearing under ORS 426.095 or 426.701 and 426.702 apply as described: The judge shall appoint one qualified examiner. If requested, the judge shall appoint one additional qualified examiner. A request for an additional examiner under this subsection must be made in writing …
Examiners appointed under ORS 426.110 shall do all of the following: Examine the person as to mental condition. Initiate the examination process prior to the hearing. Any failure to comply with this paragraph shall not, in itself, constitute sufficient grounds to challenge the examination conducted by an examiner. Make their separate reports in writing, u…
Whenever specifically required under ORS 426.070, 426.072, 426.180 or 426.234, a person shall be given a warning that observations of the person by the staff of the facility where the person is in custody may be used as evidence in subsequent court proceedings to determine whether the person should be or should continue to be committed as a person with menta…
The following qualifications, requirements and other provisions relating to a conditional release under ORS 426.130 apply as described: A court may only order conditional release if all of the following occur: The conditional release is requested by the legal guardian, relative or friend of the person with mental illness. The legal guardian, relative or f…
The following provisions are applicable to outpatient commitment under ORS 426.130 as described: The Oregon Health Authority may only place a person in an outpatient commitment if an adequate treatment facility is available. At the time of the hearing under ORS 426.095, the community mental health program director, or a designee for the director, for the c…
The Oregon Health Authority shall employ at least one individual to serve as a liaison between the authority and communities in which the authority plans to establish housing for persons conditionally released by the Psychiatric Security Review Board or for persons with mental illness. Note: 426.129 was enacted into law by the Legislative Assembly but was n…
After hearing all of the evidence, and reviewing the findings of the examiners, the court shall determine whether, by clear and convincing evidence, the person has a mental illness and is in need of treatment. If the court determines under subsection (1) of this section that the person: Has a mental illness and is in need of treatment, the court: Shall or…
A person has a mental illness and is in need of treatment for purposes of ORS 426.005 to 426.390 if the person is in need of treatment because the person: Is a danger to self; Is a danger to others; Is unable to provide for basic personal needs; or Has a chronic mental disorder. A person is a danger to self for purposes of this section if, because of a …
When determining whether a person has a mental illness and is in need of treatment, the court may consider information that assists the court in making its determination, including but not limited to any of the following: The person’s insight into the person’s mental illness. The impact of the person’s insight or lack of insight on the person’s ability to …
As used in ORS 426.005 to 426.390, “assisted outpatient treatment” may not be construed to be a commitment under ORS 426.130 and does not include taking a person into custody or the forced medication of a person. A court may issue an order requiring a person to participate in assisted outpatient treatment if the court finds that the person: Is 18 years of …
If a person determined to be a person with mental illness as provided in ORS 426.130, or determined to be an extremely dangerous person with mental illness under ORS 426.701 or 426.702, appeals the determination or the disposition, and is determined to be financially eligible for appointed counsel at state expense, upon request of the person or upon its own …
A person, other than a person incarcerated upon a criminal charge, who has been adjudged to be a person with mental illness or against whom commitment proceedings have been instituted may not be confined in any prison, jail or other enclosure where those charged with a crime or a violation of a municipal ordinance are incarcerated, unless the person represen…
Upon receipt of the order of commitment, the Oregon Health Authority or its designee shall take the person with mental illness into its custody, and ensure the safekeeping and proper care of the person until the person is delivered to an assigned treatment facility or to a representative of the assigned treatment facility. The representative of the assigned …
The provisions of this section apply to the release of information about a person who is held in custody either pending a commitment proceeding under ORS 426.070, 426.077, 426.140, 426.228, 426.232 or 426.233 or while committed or recommitted under ORS 426.005 to 426.390. Notwithstanding the provisions of ORS 179.495, 179.505 or 192.355 (2) and notwithstand…
The court having jurisdiction over any proceeding conducted pursuant to ORS 426.005, 426.060, 426.070 to 426.170, 426.217, 426.228, 426.273 to 426.292, 426.300, 426.301 to 426.307, 426.309, 426.315, 426.385, 426.395, 426.701 or 426.702 may not disclose any part of the record of the proceeding or commitment to any person except: The court shall, pursuant to …
A community mental health program director or designee may withhold information obtained during an investigation under ORS 426.070, 426.228, 426.232, 426.233 or 426.234 if the community mental health program director determines: That information was not included in its investigation report or otherwise used in a material way to support a determination by th…
If any person is adjudged to have a mental illness and is ordered committed to the Oregon Health Authority, a copy of the complete record in the case, certified to by the court clerk or court administrator, shall be given to the local health officer, or to the sheriff, for delivery to the director of the facility to which such person is assigned. The record …
(Emergency and Voluntary Admissions)
ORS 426.180 to 426.210 apply to the commitment of an individual in Indian country if a federally recognized Indian tribe that has Indian country located within this state chooses to exercise the tribe’s authority over the commitment. As used in this section and ORS 426.200 and 426.210, “hospital” means a hospital that is licensed under ORS chapter 441, othe…
Within 72 hours after admission under ORS 426.180, the community mental health program director shall initiate an investigation in accordance with ORS 426.070 (3).
An individual admitted to a hospital or nonhospital facility pursuant to the emergency proceedings under ORS 426.180 and 426.200 may not be detained there for more than five judicial days following admission. The court, for good cause, may allow a postponement and detention during a postponement as provided under ORS 426.095. [Amended by 1987 c.903 §23; 2012…
At any time after commitment by the court, the person, with the approval of the Oregon Health Authority or its designee, may change the status of the person to that of a voluntary patient. Notwithstanding ORS 426.220, any person who alters status to that of a voluntary patient under this section shall be released from the treating facility within 72 hours of…
Pursuant to rules and regulations promulgated by the Oregon Health Authority, the superintendent of any state hospital for the treatment and care of persons with mental illness may admit and hospitalize therein as a patient, any person who may have a nervous disorder or a mental illness, and who voluntarily has made written application for such admission. No…
In retaking custody of a person with mental illness who has been committed to the Oregon Health Authority under ORS 426.130 and who has, without lawful authority, left the custody of the facility to which the person has been assigned under ORS 426.060, or in the case of a person alleged to have a mental illness and to be in need of treatment who is in custod…
If any person who has been committed to the Oregon Health Authority under ORS 426.127 or 426.130 (2)(a)(B) or (C) requests, during this period of commitment, voluntary admission to a state hospital, the superintendent shall cause the person to be examined immediately by a licensed independent practitioner. If the licensed independent practitioner finds the p…
(Emergency Care and Treatment)
A peace officer may take into custody a person who the officer has probable cause to believe is a danger to self or others and is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program director, a peace officer shall remove a person taken into custody under this section to the nearest hospital o…
A licensed independent practitioner may hold a person for transportation to a treatment facility for up to 12 hours in a health care facility licensed under ORS chapter 441 and approved by the Oregon Health Authority if: The licensed independent practitioner believes the person is a danger to self or others and is in need of emergency care or treatment for …
If a licensed independent practitioner believes a person who is brought to a hospital or nonhospital facility by a peace officer under ORS 426.228 or by an individual authorized under ORS 426.233, or believes a person who is at a hospital or nonhospital facility, is a danger to self or others and is in need of emergency care or treatment for mental illness, …
A community mental health program director operating under ORS 430.610 to 430.695 or a designee of the director may take one of the actions listed in paragraph (b) of this subsection when the community mental health program director or designee has probable cause to believe a person: Is a danger to self or others and is in need of immediate care, custody or…
At the time a person alleged to have a mental illness is admitted to or retained in a hospital or nonhospital facility under ORS 426.232 or 426.233, a licensed independent practitioner, nurse or qualified mental health professional at the hospital or nonhospital facility shall: Inform the person of the person’s right to representation by or appointment of c…
The community mental health program director may transfer a person in custody under ORS 426.077, 426.232 or 426.233 to a hospital or nonhospital facility approved by the Oregon Health Authority at any time during the period of detention. A person in custody at a hospital may be transferred from the hospital only with the consent of the licensed independent …
The Oregon Health Authority shall adopt rules necessary to carry out the provisions of ORS 426.035, 426.155, 426.228 to 426.235 and 426.237. Note: See note under 426.228.
During a prehearing period of detention as provided in ORS 426.070, 426.140, 426.232 or 426.233, the community mental health program director shall: Recommend, in an investigation report as provided in ORS 426.074, that the circuit court not proceed further in the matter if the community mental health program director does not believe the person is a person…
(Trial Visits; Conditional Release; Outpatient Commitment; Early Release)
During a period of commitment of a patient under ORS 426.130, the Oregon Health Authority may grant a trial visit to the patient for a period of time and under any conditions the authority shall establish. The authority shall only grant a trial visit under this section if the trial visit is agreed to by the community mental health program director, or the de…
The following are applicable to placements of persons with mental illness that are made as conditional release under ORS 426.125, outpatient commitments under ORS 426.127 or trial visits under ORS 426.273 as described: If the individual responsible under this subsection determines that a person with mental illness is failing to adhere to the terms and condi…
The Oregon Health Authority shall provide to each of the following individuals or entities a copy of the conditions of an outpatient commitment under ORS 426.127 or a trial visit under ORS 426.273: The committed person; The community mental health program director, or designee of the director, of the county in which the committed person is to receive outpa…
Nothing in this chapter and ORS 430.397 to 430.401 prohibits the Oregon Health Authority from releasing a person from a hospital or other facility in which the person is being treated prior to the expiration of the period of commitment under ORS 426.130 when, in the opinion of the director of the facility or the licensed independent practitioner who is treat…
No person admitted to a state hospital for the treatment of mental illness shall be considered by virtue of the admission to be incompetent. Upon petition of a person committed to a state hospital, or the guardian, relative or creditor of the person or other interested person, the court of competent jurisdiction in the county in which the state hospital is …
The expenses of a proceeding under ORS 426.295 (2) shall be paid by the person with mental illness, unless it appears from the affidavit of the person or other evidence that the person is unable to pay the expenses. If the person is unable to pay, the expenses of the proceedings shall be paid by the community mental health program in the county of which the …
The Oregon Health Authority shall, by filing a written certificate with the last committing court and the court of residence, discharge an individual from court commitment, except one held upon an order of a court or judge having criminal jurisdiction in an action or proceeding arising out of criminal offense, if the authority finds that the individual is no…
At the end of the 180-day period of commitment, any person whose status has not been changed to voluntary shall be released unless the Oregon Health Authority certifies to the court in the county where the treating facility is located that the person is still a person with mental illness and is in need of further treatment. The authority, pursuant to its rul…
When the person protests a further period of commitment the Oregon Health Authority or facility designated in accordance with ORS 426.301 shall immediately notify the court and the court shall have the person brought before it and shall again advise the person that the authority or facility has requested that commitment be continued for an additional period …
If a person with mental illness requests a hearing under ORS 426.301 or if the court proceeds under ORS 426.275 (5), the following provisions apply: The hearing shall be conducted as promptly as possible and at a time and place as the court may direct. If the person requests a continuance in order to prepare for the hearing or to obtain legal counsel to re…
ORS 426.217 and 426.301 to 426.307 do not restrict or limit the discharge procedures set forth in ORS 426.300.
(Costs and Limitations on Liability)
The following is a nonexclusive list of responsibilities for payment of various costs related to commitment proceedings under this chapter as described: Any physician or qualified professional recommended by the Oregon Health Authority who is employed under ORS 426.110 to make an examination as to the mental condition of a person alleged to have a mental il…
The cost of emergency psychiatric care, custody and treatment related to or resulting from such psychiatric condition, provided by a hospital or other facility approved by the Oregon Health Authority and the community mental health program director of the county in which the facility is located, except a state hospital, for a person alleged to have a mental …
Costs of hearings conducted pursuant to ORS 426.307, and the fees for physicians and other examiners shall be charged to the county of the person’s residence in the same manner provided by ORS 426.318, whether the hearing is held in the county of residence or county of the treating facility.
If a person with mental illness is a resident of some other county in this state, the county making the commitment shall be reimbursed by the county of which the person is a resident. All reasonable and actual expenses incurred and paid by the county by reason of the care, custody, treatment, investigation, examination and commitment hearing shall, upon pres…
When a person with mental illness is assigned to or transferred to a state hospital, all of the actual and necessary expenses of transporting the person to the hospital that are incurred by the agent or attendant from the state hospital, the assistants of the agent or attendant and the person, shall be paid by the state in the manner provided in ORS 426.330.
The special funds authorized for the use of the superintendent of the Oregon State Hospital to better enable the superintendent promptly to meet the advances and expenses necessary in the matter of transferring patients to the Oregon State Hospital are continued in existence. The superintendent shall present the superintendent’s claims monthly, with vouchers…
The following limitations on liability are applicable to actions and proceedings within this chapter and ORS 430.397 to 430.401: The following individuals may not in any way be held criminally or civilly liable for the initiation of commitment procedures under ORS 426.070, provided the individual acts in good faith, on probable cause and without malice: Th…
(Rights of Committed Persons)
Any individual committed pursuant to ORS 426.005 to 426.223 and 426.273 to 426.380 shall be entitled to the writ of habeas corpus upon proper petition by the individual or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the state hospital in which the person is detained is located.
Every person with mental illness committed to the Oregon Health Authority shall have the right to: Communicate freely in person and by reasonable access to telephones; Send and receive sealed mail, except that this right may be limited for security reasons in state institutions as described in ORS 426.010; Wear the clothing of the person; Keep personal p…
Nothing in ORS 426.295, 426.297 and 426.380 to 426.390 is intended to detract from the powers of a court under ORS chapter 125 or ORS 179.640.
A simple and clear statement of rights guaranteed to patients committed to the Oregon Health Authority shall be prominently posted in each room frequented by patients in all facilities housing such patients. A copy of the statement shall be given to each patient upon admission and sent, upon request, to the legal counsel, guardian, relative or friend of the …
(Licensing of Persons Who May Order Restraint or Seclusion)
The Director of the Oregon Health Authority may adopt rules establishing requirements and procedures for licensing persons who may order, monitor and evaluate the use of restraint and seclusion in facilities providing intensive mental health treatment services to individuals under 21 years of age. A license may not be issued or renewed under rules adopted u…
COMMUNITY INTEGRATION OF PERSONS WITH CHRONIC MENTAL ILLNESS
It is declared to be the policy and intent of the Legislative Assembly that the State of Oregon shall assist in improving the quality of life of persons with chronic mental illness within this state by ensuring the availability of an appropriate range of residential opportunities and related support services. Note: 426.490 to 426.500 were enacted into law b…
As used in ORS 426.490 to 426.500, unless the context requires otherwise: “Case manager” means a person who works on a continuing basis with a person with a chronic mental illness and is responsible for assuring the continuity of the various services called for in the discharge plan of the person with a chronic mental illness including services for basic pe…
For the purpose of carrying out the policy and intent of ORS 426.490 to 426.500, the Oregon Health Authority shall: Adopt rules for the administration of ORS 426.490 to 426.500; Prepare a written discharge plan for each person with a chronic mental illness who is a patient at a state hospital or who is committed to the authority pursuant to ORS 426.005 to …
As used in ORS 426.502 to 426.508: “Authority” means the Oregon Health Authority. “Community housing” means property and related equipment that are used or could be used to house persons with chronic mental illness and their care providers. “Community housing” includes single-family housing and multiple-unit residential housing. “Construct” means to build…
The Oregon Health Authority may, through contract or otherwise, acquire, purchase, receive, hold, exchange, demolish, construct, lease, maintain, repair, replace, improve and equip community housing for the purpose of housing persons with chronic mental illness. The authority may dispose of community housing acquired under subsection (1) of this section in …
There is created in the State Treasury, separate and distinct from the General Fund, the Community Mental Health Housing Fund. All earnings on investments of moneys in the Community Mental Health Housing Fund shall accrue to the fund. Interest earned on moneys in the fund shall be credited to the fund. All moneys in the fund are continuously appropriated to …
Notwithstanding ORS 421.611 to 421.630 or any actions taken under ORS 421.611 to 421.630, the Department of Corrections shall transfer the real property known as the F. H. Dammasch State Hospital and all improvements to the Oregon Department of Administrative Services to be sold for the benefit of the Oregon Health Authority. Notwithstanding ORS 270.100 to …
As used in ORS 426.510 to 426.680, unless the context otherwise requires, “sexually dangerous person” means a person who because of repeated or compulsive acts of misconduct in sexual matters, or because of a qualifying mental disorder, is deemed likely to continue to perform such acts and be a danger to other persons.
Pursuant to rules promulgated by the Oregon Health Authority, the superintendent of any state hospital for the treatment and care of persons with mental illness may admit and hospitalize therein as a patient any person in need of medical or mental therapeutic treatment as a sexually dangerous person who voluntarily has made written application for such admis…
The Oregon Health Authority hereby is directed and authorized to establish and operate treatment programs, either separately within an existing state Department of Corrections institution, as part of an existing program within an Oregon Health Authority institution, or in specified and approved sites in the community to receive, treat, study and retain in cu…
When a defendant has been convicted of a sexual offense under ORS 163.305 to 163.467 or 163.525 and there is probable cause to believe the defendant is a sexually dangerous person, the court prior to imposing sentence may continue the time for sentencing and commit the defendant to a facility designated under ORS 426.670 for a period not to exceed 30 days fo…
The superintendent of the facility designated under ORS 426.670 to receive commitments for medical or mental therapeutic treatment of sexually dangerous persons may grant a trial visit to a defendant committed as a condition of probation where: The trial visit is not inconsistent with the terms and conditions of probation; and The trial visit is agreed to …
EXTREMELY DANGEROUS PERSONS WITH QUALIFYING MENTAL DISORDER
For the purposes of this section and ORS 426.702: A person is “extremely dangerous” if the person: Is at least 18 years of age; Is exhibiting symptoms or behaviors of a qualifying mental disorder substantially similar to those that preceded the act described in subsection (3)(a)(C) of this section; and Because of a qualifying mental disorder: Presents a…
At the end of the 24-month period of commitment described in ORS 426.701, any person who remains committed under the jurisdiction of the Psychiatric Security Review Board shall be discharged, unless the board certifies to the court in the county in which the person was originally committed that the person is still extremely dangerous and suffers from a quali…
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