Oregon Law
Law as of Jan 1, 2024
Chapter contents
426.005Definitions for ORS 426.005 to 426.390 426.010State hospitals for persons with mental illness 426.020Superintendent; chief medical officer 426.030[Amended by 1955 c.651 §5; 1957 c.43 §1; repealed by 1999 c.983 §7] 426.060Commitment to Oregon Health Authority; powers of authority; placement; transfer 426.070Initiation; notification required; recommendation to court; citation 426.072Care while in custody; responsibilities of licensed independent practitioner; rules 426.074Investigation; procedure; content; report 426.075Notice and records of treatment prior to hearing; procedures 426.080Execution and return of citation or warrant of detention 426.090Citation; service 426.095Commitment hearing; postponement; right to cross-examine; admissibility of investigation report 426.100Advice of court; appointment of legal counsel; costs; representation of state’s interest 426.110Appointment of examiners; qualifications; costs 426.120Examination report; rules 426.123Observation of person in custody; warning; evidence 426.125Qualifications and requirements for conditional release 426.129Community liaison 426.130Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; assisted outpatient treatment; prohibition relating to firearms; period of commitment 426.133Assisted outpatient treatment 426.135Counsel on appeal; costs of appeal 426.140Place of confinement; attendant 426.150Transportation to treatment facility 426.155Release of information about person held in custody pending commitment proceeding or while committed or recommitted 426.160Disclosure of record of commitment proceeding 426.170Delivery of certified copy of record 426.175[1969 c.371 §1; 1975 c.690 §11; 1977 c.764 §2; 1987 c.903 §20; 1991 c.901 §1; repealed by 1993 c.484 §27] 426.180Emergency commitment of individuals in Indian country 426.190[Amended by 1969 c.391 §2; repealed by 2012 c.25 §6] 426.200Duties following emergency admission 426.210Limit of detention after commitment in emergency proceedings 426.215[1965 c.628 §1; 1973 c.838 §32; 1975 c.690 §14; 1977 c.764 §3; 1979 c.408 §4; 1985 c.743 §§1,2,3; 1987 c.368 §1; 1987 c.903 §§24,25; repealed by 1993 c.484 §27] 426.217Change of status of committed patient to voluntary patient; effect of change 426.220Voluntary admission; leave of absence; notice to parent or guardian 426.222[1953 c.597 §1; 1961 c.385 §1; 1969 c.391 §3; 1969 c.638 §4; repealed by 1975 c.690 §28] 426.223Retaking persons in custody of or committed to Oregon Health Authority; assistance of peace officers and others 426.224[1953 c.597 §2; 1961 c.385 §2; 1969 c.391 §4; 1969 c.638 §5; repealed by 1975 c.690 §28] 426.225Voluntary admission to state hospital of committed person; examination by licensed independent practitioner 426.226[1953 c.597 §3; 1969 c.391 §5; 1969 c.638 §6; repealed by 1975 c.690 §28] 426.228Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person 426.230[Amended by 1955 c.651 §7; repealed by 1957 c.388 §17] 426.231Hold by licensed independent practitioner; when authorized; statement required 426.232Emergency admission; notice; limit of hold 426.233Authority of community mental health program director and of other individuals; costs of transportation 426.234Duties of professionals at facility where person admitted; notification; duties of court 426.235Transfer between hospital and nonhospital facilities 426.236Rules 426.237Prehearing detention; duties of community mental health program director; certification for treatment; court proceedings 426.238Classifying facilities 426.240[Amended by 1959 c.652 §22; 1975 c.690 §16; repealed by 1977 c.764 §4 (426.241 enacted in lieu of 426.240)] 426.241Payment of care, custody and treatment costs; denial of payment; rules 426.250Payment of costs related to commitment proceedings 426.255County to pay costs 426.260[Amended by 1955 c.651 §8; repealed by 1957 c.160 §6] 426.270[Amended by 1955 c.651 §9; repealed by 1957 c.160 §6] 426.273Trial visits 426.275Effect of failure to adhere to condition of placement 426.278Distribution of copies of conditions for outpatient commitment or trial visit 426.280[Amended by 1961 c.228 §1; 1961 c.706 §26; 1969 c.597 §91; 1973 c.838 §26; 1985 c.242 §5; 1987 c.903 §31; 1993 c.484 §23; 1997 c.531 §7; renumbered 426.335 in 2003] 426.290[Amended by 1959 c.513 §1; 1961 c.228 §2; 1969 c.391 §6; 1973 c.838 §27; 1975 c.690 §18; repealed by 1985 c.242 §1 (426.273, 426.275 and 426.292 enacted in lieu of 426.290)] 426.292Release prior to expiration of term of commitment 426.295Judicial determination of competency; restoration of competency 426.297Payment of expenses for proceeding under ORS 426.295 426.300Discharge of committed persons; application for assistance on behalf of committed person 426.301Release of committed person; certification of continued mental illness; service of certificate; content; period of further commitment; effect of failure to protest further commitment 426.303Effect of protest of further commitment; advice of court 426.305[1955 c.522 §4; 1963 c.325 §5; repealed by 1965 c.628 §3] 426.307Court hearing; continuance; attorney; examination; determination of mental illness; order of further commitment; period of commitment 426.309Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure 426.310Reimbursement of county expenses for commitment proceedings involving nonresidents 426.320Payment of certain expenses by the state 426.330Presentation and payment of claims 426.335Limitations on liability 426.340[Repealed by 1975 c.690 §28] 426.350[Amended by 1961 c.152 §1; repealed by 1971 c.64 §12] 426.360[1961 c.513 §§1,2,3; 1969 c.597 §92; 1971 c.655 §246; 1977 c.253 §40; repealed by 2001 c.900 §261] 426.370Withholding information obtained in certain commitment or admission investigations 426.375[1967 c.460 §5; repealed by 1973 c.838 §29] 426.380Availability of writ of habeas corpus 426.385Rights of committed persons 426.390Construction 426.395Posting of statement of rights of committed persons 426.405[1983 c.536 §1; repealed by 2001 c.900 §261] 426.407[1983 c.536 §2; repealed by 2001 c.900 §261] 426.410[1969 c.638 §1; repealed by 1975 c.690 §28] 426.415Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age; rules 426.450[1971 c.622 §6; renumbered 430.397 in 1995] 426.460[1971 c.622 §7; 1973 c.795 §3; 1979 c.744 §22; 1981 c.809 §1; 1985 c.565 §68; renumbered 430.399 in 1995] 426.470[1971 c.622 §8; renumbered 430.401 in 1995] 426.490Policy 426.495Definitions for ORS 426.490 to 426.500; rules 426.500Powers and duties of Oregon Health Authority; rules 426.502Definitions for ORS 426.502 to 426.508 426.504Power of Oregon Health Authority to develop community housing for persons with chronic mental illness; sale of community housing; conditions 426.506Community Mental Health Housing Fund; Community Housing Trust Account; report 426.508Sale of F 426.510“Sexually dangerous person” defined 426.520[1963 c.467 §2; repealed by 1977 c.377 §6] 426.530[1963 c.467 §3; 1971 c.743 §367; 1973 c.836 §349; repealed by 1977 c.377 §6] 426.540[1963 c.467 §4; repealed by 1977 c.377 §6] 426.550[1963 c.467 §5; repealed by 1977 c.377 §6] 426.560[1963 c.467 §6; repealed by 1977 c.377 §6] 426.570[1963 c.467 §7; 1973 c.836 §350; repealed by 1977 c.377 §6] 426.580[1963 c.467 §§8,9; 1973 c.443 §1; repealed by 1977 c.377 §6] 426.590[1963 c.467 §10; repealed by 1977 c.377 §6] 426.610[1963 c.467 §11; 1973 c.443 §2; repealed by 1977 c.377 §6] 426.620[1963 c.467 §12; repealed by 1977 c.377 §6] 426.630[1963 c.467 §13; repealed by 1977 c.377 §6] 426.640[1963 c.467 §14; 1973 c.443 §3; 1975 c.380 §8; repealed by 1977 c.377 §6] 426.650Voluntary admission to state institution; rules 426.660[1963 c.467 §16; repealed by 1973 c.443 §5] 426.670Treatment programs for sexually dangerous persons 426.675Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules 426.680Trial visits for probationer 426.700[1973 c.616 §1; repealed by 1981 c.372 §2] 426.701Commitment of “extremely dangerous” person with qualifying mental disorder; requirements for conditional release; rules 426.702Discharge from commitment of extremely dangerous person with qualifying mental disorder; requirements for further commitment; protest and hearing 426.705[1973 c.616 §2; repealed by 1981 c.372 §2] 426.710[1973 c.616 §6; repealed by 1981 c.372 §2] 426.715[1973 c.616 §7; repealed by 1981 c.372 §2] 426.720[1973 c.616 §8; repealed by 1981 c.372 §2] 426.725[1973 c.616 §9; repealed by 1981 c.372 §2] 426.730[1973 c.616 §10; repealed by 1981 c.372 §2] 426.735[1973 c.616 §11; repealed by 1981 c.372 §2] 426.740[1973 c.616 §12; repealed by 1981 c.372 §2] 426.745[1973 c.616 §§13,14,15; repealed by 1981 c.372 §2] 426.750[1973 c.616 §3; repealed by 1981 c.372 §2] 426.755[1973 c.616 §4; repealed by 1981 c.372 §2] 426.760[1977 c.148 §5; repealed by 1981 c.372 §2]

Chapter 426 — Persons With Mental Illness; Dangerous Persons; Commitment; Housing PERSONS WITH MENTAL ILLNESS 426.127 Outpatient commitment

ORS 426.231 Hold by licensed independent practitioner; when authorized; statement required

(1)

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:

(a)

The licensed independent practitioner believes the person is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness;

(b)

The licensed independent practitioner is not related to the person by blood or marriage; and

(c)

A licensed independent practitioner with admitting privileges at the receiving facility consents to the transporting.

(2)

Before transporting the person, the licensed independent practitioner shall prepare a written statement that:

(a)

The licensed independent practitioner has examined the person within the preceding 12 hours;

(b)

A licensed independent practitioner with admitting privileges at the receiving facility has consented to the transporting of

the person for examination and admission if appropriate; and

(c)

The licensed independent practitioner believes the person is dangerous to self or to any other person and is in need of emergency care or treatment for mental illness.

(3)

The written statement required by subsection (2) of this section authorizes a peace officer, an individual authorized under ORS 426.233 or the designee of a community mental health program director to transport a person to the treatment facility indicated on the statement.

Note: See note under 426.228.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.