Chapter 426 — Chapter 426

ORS 426.234 Duties of professionals at facility where person admitted; notification; duties of court. (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

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ORS 426.235 Transfer between hospital and nonhospital facilities. (1) 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

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ORS 426.236 Rules. 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. [1993 c.484 §8; 2001 c.481 §4; 2009 c.595 §408; 2025 c.559 §33]

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ORS 426.237 Prehearing detention; duties of community mental health program director; court proceedings. (1) 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

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ORS 426.238 [1993 c.484 §10; 2009 c.595 §410; 2025 c.559 §34; renumbered 426.035 in 2025]

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ORS 426.240 [Amended by 1959 c.652 §22; 1975 c.690 §16; repealed by 1977 c.764 §4 (426.241 enacted in lieu of 426.240)]

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ORS 426.241 [1977 c.764 §5 (enacted in lieu of 426.240); 1979 c.392 §1; 1981 c.750 §16; 1987 c.527 §1; 1993 c.484 §21; 2009 c.595 §411; 2013 c.715 §§8,19; 2015 c.785 §4; 2025 c.559 §35; renumbered 426.313 in 2025]

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ORS 426.250 [Amended by 1965 c.420 §2; 1975 c.690 §17; 1977 c.764 §6; 1987 c.606 §9; 1987 c.903 §§26,26a; 2001 c.962 §59; 2009 c.595 §412; 2011 c.720 §162; 2012 c.25 §4; 2013 c.360 §46; 2013 c.715 §9; 2015 c.785 §5; 2023 c.281 §72; renumbered 426.311 in 2025]

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ORS 426.255 [1973 c.838 §19; 1987 c.803 §23; 1987 c.903 §27; 2013 c.360 §47; renumbered 426.315 in 2025]

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ORS 426.260 [Amended by 1955 c.651 §8; repealed by 1957 c.160 §6]

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ORS 426.270 [Amended by 1955 c.651 §9; repealed by 1957 c.160 §6]

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ORS 426.273 Trial visits. (1) 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 designee of the director, for the county in which the person would reside

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ORS 426.275 Effect of failure to adhere to condition of placement. 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

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ORS 426.278 Distribution of copies of conditions for outpatient commitment or trial visit. 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

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ORS 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]

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ORS 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)]

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ORS 426.292 Release prior to expiration of term of commitment. 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 treating the person, the person is no longer a person with mental illness. [1985 c.242 §4 (enacted in lieu of 426.290); 2009 c.595 §416; 2013 c.360 §51; 2015 c.461 §18]

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ORS 426.295 Judicial determination of competency; restoration of competency. (1) No person admitted to a state hospital for the treatment of mental illness shall be considered by virtue of the admission to be incompetent

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ORS 426.297 Payment of expenses for proceeding under ORS 426.295. (1) 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 person was a resident at the time of admission. If the county of residence cannot be established, the community mental health program in the county from which the person was admitted shall pay the expenses

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ORS 426.300 Discharge of committed persons; application for assistance on behalf of committed person. (1) 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 longer a person with mental illness or that the transfer of the individual to a voluntary status is in the individual’s best interest

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ORS 426.301 Release of committed person; certification of continued mental illness; content; service of certificate; period of further commitment; effect of failure to protest further commitment. (1) 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 rules, may delegate to the director of the treating facility the responsibility for making the certification. The director of the treating facility shall consult with the community mental health program director of the county of residence prior to making the certification. If the certification is made, the person will not be released, but the director of the treating facility shall immediately issue a copy of the certification to the person and to the community mental health program director of the county of residence

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ORS 426.303 Effect of protest of further commitment; advice of court. 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 of time and that if the person does not protest this commitment the commitment will be continued for an indefinite period of time up to 180 days. The person shall also be informed of the rights set forth in ORS 426.301. [1973 c.838 §16; 1975 c.690 §20; 2009 c.595 §419]

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ORS 426.305 [1955 c.522 §4; 1963 c.325 §5; repealed by 1965 c.628 §3]

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ORS 426.307 Court hearing; continuance; attorney; examination; determination of mental illness; order of further commitment; period of commitment. 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

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ORS 426.309 Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure. ORS 426.217 and 426.301 to 426.307 do not restrict or limit the discharge procedures set forth in ORS 426.300. [1973 c.838 §20]

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ORS 426.310 [Amended by 1975 c.690 §22; 1977 c.764 §7; 1979 c.392 §2; 1987 c.903 §34; 2013 c.360 §55; 2015 c.785 §7; renumbered 426.318 in 2025]

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ORS 426.311 Payment of costs related to commitment proceedings. The following is a nonexclusive list of responsibilities for payment of various costs related to commitment proceedings under this chapter as described

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ORS 426.313 Payment of care, custody and treatment costs; denial of payment; rules. (1) 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 illness and to be in need of treatment who is admitted or detained under ORS 426.070, 426.140, 426.228, 426.232 or 426.233, or for a person with mental illness who is admitted or detained under ORS 426.150, 426.223, 426.273, 426.275 or 426.292, shall be paid by the community mental health program in the county of which the person is a resident from state funds provided to the community mental health program for this purpose. The community mental health program is responsible for the cost when state funds provided to the community mental health program are exhausted. The hospital or other facility shall charge to and collect from the person, third party payers or other legally or financially responsible individuals or entities the costs of the emergency care, custody and treatment, as it would for any other patient, and any funds received shall be applied as an offset to the cost of the services provided under this section

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ORS 426.315 County to pay costs. 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. [Formerly 426.255]

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ORS 426.318 Reimbursement of county expenses for commitment proceedings involving nonresidents. (1) 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 presentation of a copy of the order of the judge making the examination and commitment, together with a properly itemized and certified claim covering the expense, be promptly paid to the county by the county of which the person was a resident. The expenses reimbursed under this subsection shall include any expenses incurred to pay for representation of the state’s interest under ORS 426.100 and 426.311

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ORS 426.320 Payment of certain expenses by the state. 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. [Amended by 1975 c.690 §23; 2013 c.360 §56]

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ORS 426.330 Presentation and payment of claims. (1) 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 that show the expenditures from the special funds during the preceding month, to the Oregon Health Authority for the transfer of patients to the Oregon State Hospital

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ORS 426.335 Limitations on liability. The following limitations on liability are applicable to actions and proceedings within this chapter and ORS 430.397 to 430.401

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ORS 426.340 [Repealed by 1975 c.690 §28]

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ORS 426.350 [Amended by 1961 c.152 §1; repealed by 1971 c.64 §12]

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ORS 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]

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ORS 426.370 [1989 c.993 §6; 1993 c.484 §25; 2009 c.595 §423; 2013 c.360 §58; renumbered 426.165 in 2025]

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ORS 426.375 [1967 c.460 §5; repealed by 1973 c.838 §29]

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ORS 426.380 Availability of writ of habeas corpus. 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. [1967 c.460 §6]

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ORS 426.385 Rights of committed persons. (1) Every person with mental illness committed to the Oregon Health Authority shall have the right to

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ORS 426.390 Construction. 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. [1967 c.460 §7; 1973 c.823 §137; 1995 c.664 §96]

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ORS 426.395 Posting of statement of rights of committed persons. 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 patient. The statement shall include the name, address and telephone number of the system described in ORS 192.517 (1). [1973 c.838 §31; 2003 c.14 §238; 2007 c.57 §1; 2009 c.595 §425]

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ORS 426.405 [1983 c.536 §1; repealed by 2001 c.900 §261]

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ORS 426.407 [1983 c.536 §2; repealed by 2001 c.900 §261]

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ORS 426.410 [1969 c.638 §1; repealed by 1975 c.690 §28]

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ORS 426.415 Licensing 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. (1) 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

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ORS 426.450 [1971 c.622 §6; renumbered 430.397 in 1995]

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ORS 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]

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ORS 426.470 [1971 c.622 §8; renumbered 430.401 in 1995]

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ORS 426.490 Policy. 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. [1979 c.784 §1; 2007 c.70 §207]

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