Chapter 426 — Chapter 426

ORS 426.005 Definitions for ORS 426.005 to 426.390. (1) As used in ORS 426.005 to 426.390, unless the context requires otherwise

2.6K chars

ORS 426.010 State hospitals for persons with mental illness; minimum age for treatment. (1) 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 previously been committed to the institutions

0.3K chars

ORS 426.020 Superintendent; chief medical officer. (1) 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

1.5K chars

ORS 426.030 [Amended by 1955 c.651 §5; 1957 c.43 §1; repealed by 1999 c.983 §7]

0.0K chars

ORS 426.035 Classifying facilities. 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 of a person who unlawfully leaves a facility as provided in ORS 426.223. [Formerly 426.238]

0.2K chars

ORS 426.060 Commitment to Oregon Health Authority; powers of authority; placement; transfer. (1) Commitments to the Oregon Health Authority shall be made only by the judge of a circuit court in a county of this state

2.0K chars

ORS 426.070 Initiation; notification required; recommendation to court; citation; warrant of detention. (1) Any of the following may initiate commitment procedures under this section by giving the notice described under subsection (2) of this section

5.5K chars

ORS 426.072 Care while in custody; responsibilities of licensed independent practitioner; rules. (1) 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

2.1K chars

ORS 426.074 Investigation; procedure; content; report; declaration for mental health treatment. 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

7.4K chars

ORS 426.075 Notice and records of treatment prior to hearing; procedures. 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

1.9K chars

ORS 426.077 Diversion from commitment; offer; treatment plan; consent; duration; prohibited treatment; transfer between facilities; discharge; dismissal or recommencement of proceedings; rules. (1) 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

9.7K chars

ORS 426.080 Execution and return of citation or warrant of detention. 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 provided by ORS 133.235, 161.233, 161.242 and 161.245 and may require the assistance of any peace officer or other person. [Amended by 1971 c.743 §366; 1973 c.836 §348; 1973 c.838 §4a; 2020 s.s.2 c.3 §14]

0.0K chars

ORS 426.090 Citation; service. 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 to be in need of treatment. The citation shall further contain a notice of the time and place of the commitment hearing, the right to legal counsel, the right to have legal counsel appointed if the person is unable to afford legal counsel, and, if requested, to have legal counsel immediately appointed, the right to subpoena witnesses in behalf of the person to the hearing and other information as the court may direct. A certified copy of the citation shall be personally served on the person prior to the hearing. The person shall have an opportunity to consult with legal counsel prior to being brought before the court. [Amended by 1957 c.329 §2; 1967 c.459 §1; 1971 c.368 §1; 1973 c.838 §5; 1975 c.690 §4; 2013 c.360 §22; 2025 c.559 §11]

0.0K chars

ORS 426.095 Commitment hearing; postponement; right to cross-examine; admissibility of investigation report. The following is applicable to a commitment hearing held by a court under ORS 426.070

3.8K chars

ORS 426.100 Advice of court; appointment of legal counsel; costs; representation of state’s interest. (1) 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

3.9K chars

ORS 426.110 Appointment of examiners; qualifications; costs. 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

1.2K chars

ORS 426.120 Examination report; rules. (1) Examiners appointed under ORS 426.110 shall do all of the following

1.7K chars

ORS 426.123 Observation of person in custody; warning; evidence. (1) 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 mental illness

0.3K chars

ORS 426.125 Qualifications and requirements for conditional release. The following qualifications, requirements and other provisions relating to a conditional release under ORS 426.130 apply as described

1.1K chars

ORS 426.127 Outpatient commitment. The following provisions are applicable to outpatient commitment under ORS 426.130 as described

1.3K chars

ORS 426.129 Community liaison. 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. [2009 c.809 §1; 2011 c.720 §161]

0.2K chars

ORS 426.130 Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; assisted outpatient treatment; prohibition relating to firearms; period of commitment. (1) 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

3.6K chars

ORS 426.131 When person with mental illness is in need of treatment; danger to self; danger to others; unable to provide for basic personal needs; chronic mental disorder. (1) 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

2.0K chars

ORS 426.132 Determination that person with mental illness is in need of treatment generally and due to being danger to self or others or having chronic mental disorder. (1) 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

3.3K chars

ORS 426.133 Assisted outpatient treatment. (1) 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

3.8K chars

ORS 426.135 Counsel on appeal; costs of appeal. 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 motion, the court shall appoint suitable legal counsel to represent the person. The compensation for legal counsel and costs and expenses necessary to the appeal shall be determined and paid by the executive director of the Oregon Public Defense Commission as provided in ORS 135.055 if the circuit court is the appellate court or as provided in ORS 138.500 if the Court of Appeals or Supreme Court is the appellate court. The compensation, costs and expenses shall be paid as provided in ORS 138.500. [1979 c.867 §12; 1981 s.s. c.3 §134; 1985 c.502 §25; 2001 c.962 §58; 2013 c.715 §§6,17; 2023 c.281 §71]

0.0K chars

ORS 426.140 Place of confinement; attendant. (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 are incarcerated, unless the person represents an immediate and serious danger to staff or physical facilities of a hospital or other facility approved by the Oregon Health Authority for the care, custody and treatment of the person

0.6K chars

ORS 426.150 Transportation to treatment facility. (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 representative of the assigned treatment facility, accompanied by any assistants the authority or its designee may deem necessary, shall proceed to the place where the person is in custody, and upon demand shall be given custody of the person, together with the certified record required by ORS 426.170. The representative shall issue appropriate receipts and immediately transport the person safely to the assigned treatment facility and deliver the person and the record to the director or a designated employee of the facility. In taking custody of the person, the authority, its designee or the representative of the facility has all the powers provided by ORS 133.225 and 161.255 and may require the assistance of any peace officer or other authorized individual

0.6K chars

ORS 426.155 Release of information about person held in custody pending commitment proceeding or while committed or recommitted. (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, 426.077, 426.140, 426.228, 426.232 or 426.233 or while committed or recommitted under ORS 426.005 to 426.390

5.4K chars

ORS 426.160 Disclosure of record of commitment proceeding. (1) 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

1.4K chars

ORS 426.165 Withholding information obtained in certain commitment or admission investigations. 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

0.6K chars

ORS 426.170 Delivery of certified copy of record. 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 shall include the name, residence, nativity, sex and age of the person and all other information that may be required by the rules and regulations promulgated by the authority. [Amended by 1973 c.838 §25; 1993 c.223 §12; 2009 c.595 §396; 2013 c.360 §36; 2015 c.736 §67]

0.0K chars

ORS 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]

0.0K chars

ORS 426.180 Emergency commitment of individuals in Indian country. (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

3.1K chars

ORS 426.190 [Amended by 1969 c.391 §2; repealed by 2012 c.25 §6]

0.0K chars

ORS 426.200 Duties following emergency admission. 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]

0.0K chars

ORS 426.210 Limit of detention after commitment in emergency proceedings. 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 c.25 §3]

8.0K chars

ORS 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]

0.0K chars

ORS 426.217 Change of status of committed patient to voluntary patient; effect of change. 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 the request of the person for release. [1973 c.838 §14; 1975 c.690 §15; 2009 c.595 §398]

0.0K chars

ORS 426.220 Voluntary admission; leave of absence. (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 for such admission. No person under the age of 18 years shall be admitted as a patient to any such state hospital. Except when a period of longer hospitalization has been imposed as a condition of admission, pursuant to rules and regulations of the authority, no person voluntarily admitted to any state hospital shall be detained therein more than 72 hours after the person has given notice in writing of a desire to be discharged therefrom

0.5K chars

ORS 426.222 [1953 c.597 §1; 1961 c.385 §1; 1969 c.391 §3; 1969 c.638 §4; repealed by 1975 c.690 §28]

0.0K chars

ORS 426.223 Retaking persons in custody of or committed to Oregon Health Authority; assistance of peace officers and others. 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 custody under ORS 426.070, 426.077, 426.095 or 426.228 to 426.235 at a hospital or nonhospital facility and who has, without lawful authority, left the hospital or nonhospital facility, the facility director or designee has all the powers provided by ORS 133.225 and 161.255 and may require the assistance of any peace officer or other authorized individual. [1975 c.690 §25; 1993 c.484 §20; 2009 c.595 §400; 2013 c.360 §37; 2025 c.559 §25]

0.0K chars

ORS 426.224 [1953 c.597 §2; 1961 c.385 §2; 1969 c.391 §4; 1969 c.638 §5; repealed by 1975 c.690 §28]

0.0K chars

ORS 426.225 Voluntary admission to state hospital of committed person; examination by licensed independent practitioner. (1) 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 person to be in need of immediate care or treatment for mental illness, the person shall be voluntarily admitted

0.6K chars

ORS 426.226 [1953 c.597 §3; 1969 c.391 §5; 1969 c.638 §6; repealed by 1975 c.690 §28]

0.0K chars

ORS 426.228 Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person. (1) 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 or nonhospital facility approved by the Oregon Health Authority. The officer shall prepare a written report and deliver it to the licensed independent practitioner who is treating the person. The report shall state

4.6K chars

ORS 426.230 [Amended by 1955 c.651 §7; repealed by 1957 c.388 §17]

0.0K chars

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

1.3K chars

ORS 426.232 Emergency admission; notice; limit of hold. (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 a danger to self or others and is in need of emergency care or treatment for mental illness, and the licensed independent practitioner is not related to the person by blood or marriage, the licensed independent practitioner may do one of the following

1.0K chars

ORS 426.233 Authority of community mental health program director and of other individuals; costs of transportation. (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

4.6K chars