Title 35, Mental Health and Developmental Disabilities; Substance Use Disorder Treatment

(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) The following is a nonexclusive list of powers the authority may exercise concerning the placement of persons committed or persons receiving emergency …

(1) Any of the following may initiate commitment procedures under this section by giving the notice described under subsection (2) of this section: (a) Two persons; (b) The local health officer; or (c) A magistrate mentioned in ORS 133.030 or a judge of a court of a federally rec…

(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: (a) By a warrant of detention under ORS…

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: (1) If the person alleged to have a mental illness and to be in need …

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) The court shall be fully advised of all drugs and other treatment known to have been ad…

(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: (a) The …

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 execu…

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 per…

The following is applicable to a commitment hearing held by a court under ORS 426.070: (1) 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. (2) The court shall hold the hearing…

(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: (a) The reason for being brought before the court; (b) The nature of the proceedings; (c) The possible resul…

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) The judge shall appoint one qualified examiner. If requested, the judge shall appoint one additional qualified examiner. …

(1) Examiners appointed under ORS 426.110 shall do all of the following: (a) Examine the person as to mental condition. (b) Initiate the examination process prior to the hearing. Any failure to comply with this paragraph shall not, in itself, constitute sufficient grounds to chal…

(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 wh…

The following qualifications, requirements and other provisions relating to a conditional release under ORS 426.130 apply as described: (1) A court may only order conditional release if all of the following occur: (a) The conditional release is requested by the legal guardian, re…

The following provisions are applicable to outpatient commitment under ORS 426.130 as described: (1) The Oregon Health Authority may only place a person in an outpatient commitment if an adequate treatment facility is available. (2) At the time of the hearing under ORS 426.095, t…

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 il…

(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. (2) If the court determines under subsection (1) of this section t…

(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: (a) Is a danger to self; (b) Is a danger to others; (c) Is unable to provide for basic personal needs; or (d) Has a chron…

(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: (a) The person’s insight into the person’s mental illn…

(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. (2) A court may issue an order requiring a person to participat…

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…

(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 …

(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 re…

(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. (2)…

(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 …

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: (1) That information was not included in its invest…

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 delive…

(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 426.20…

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 durin…

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 un…

(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 men…

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 …

(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 lic…

(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 s…

(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 …

(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 …

(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 believ…

(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 shal…

(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. (2) A person in custody at a hospital …

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] Note: See note under 426.228.

(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: (a) Recommend, in an investigation report as provided in ORS 426.074, that the circuit court not proceed further in the matter …

(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…

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: (1) If the individual responsible under this subsection deter…

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: (1) The committed person; (2) The community mental health program director, or des…

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 th…