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 […]
(1) 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 […]
(1) 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 […]
(1) 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, 426.140, 426.228, 426.232, 426.233 or 426.237 (1)(b) or while committed or recommitted under ORS 426.005 to 426.390. (2) Notwithstanding the provisions of ORS 179.495, 179.505 or 192.355 […]
(1) The court having jurisdiction over any proceeding conducted pursuant to ORS 426.005, 426.060 to 426.170, 426.217, 426.228, 426.255 to 426.292, 426.300 to 426.309, 426.385, 426.395, 426.701 and 426.702 may not disclose any part of the record of the proceeding or commitment to any person except: (a) The court shall, pursuant to rules adopted by […]
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 […]
(1) 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. (2) As used in this section and ORS 426.200 and 426.210, “hospital” means a hospital that is […]
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). [Amended by 1963 c.325 §2; 1975 c.690 §13; 1987 c.903 §22; 2012 c.25 §2]
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 […]
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 […]
(1) 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 […]
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 […]
(1) If any person who has been committed to the Oregon Health Authority under ORS 426.127 or 426.130 (1)(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 […]
(1) A peace officer may take into custody a person who the officer has probable cause to believe is dangerous to self or to any other person 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 […]
(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 […]
(1) 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 dangerous to self or to any other person and […]
(1)(a) 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: (A) Is dangerous to self or to […]
(1) 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: (a) Inform the person of the person’s right to representation […]
(1) The community mental health program director may transfer a person in custody under ORS 426.232, 426.233 or 426.237 (1)(b) to a hospital or nonhospital facility approved by the Oregon Health Authority at any time during the period of detention. (2) A person in custody at a hospital may be transferred from the hospital only […]
The Oregon Health Authority shall adopt rules necessary to carry out the provisions of ORS 426.155 and 426.228 to 426.238. [1993 c.484 §8; 2001 c.481 §4; 2009 c.595 §408] Note: See note under 426.228.
