(a) "Community mental health program director" means the director of an entity that provides the services described in ORS 430.630 (3) to (5).
(b) "Director of the facility" means a superintendent of a state mental hospital, the chief of psychiatric services in a community hospital or the person in charge of treatment and rehabilitation programs at other treatment facilities.
(c) "Facility" means a state mental hospital, community hospital, residential facility, detoxification center, day treatment facility or such other facility as the authority determines suitable that provides diagnosis and evaluation, medical care, detoxification, social services or rehabilitation to persons who are in custody during a prehearing period of detention or who have been committed to the Oregon Health Authority under ORS 426.130.
(d) "Licensed independent practitioner" means:
(A) A physician, as defined in ORS 677.010;
(B) A nurse practitioner licensed under ORS 678.375 and authorized to write prescriptions under ORS 678.390; or
(C) A naturopathic physician licensed under ORS chapter 685.
(e) "Nonhospital facility" means any facility, other than a hospital, that is approved by the authority to provide adequate security, psychiatric, nursing and other services to persons under ORS 426.232 or 426.233.
(f) "Person with mental illness" means a person who, because of a mental disorder, is one or more of the following:
(A) Dangerous to self or others.
(B) Unable to provide for basic personal needs that are necessary to avoid serious physical harm in the near future, and is not receiving such care as is necessary to avoid such harm.
(C) A person:
(i) With a chronic mental illness, as defined in ORS 426.495;
(ii) Who, within the previous three years, has twice been placed in a hospital or approved inpatient facility by the authority or the Department of Human Services under ORS 426.060;
(iii) Who is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or inpatient placements referred to in sub-subparagraph (ii) of this subparagraph; and
(iv) Who, unless treated, will continue, to a reasonable medical probability, to physically or mentally deteriorate so that the person will become a person described under either subparagraph (A) or (B) of this paragraph or both.
(g) "Prehearing period of detention" means a period of time calculated from the initiation of custody during which a person may be detained under ORS 426.228, 426.231, 426.232 or 426.233.
(2) Whenever a community mental health program director, director of the facility, superintendent of a state hospital or administrator of a facility is referred to, the reference includes any designee such person has designated to act on the person’s behalf in the exercise of duties. [1961 c.706 §25; 1973 c.838 §1; 1987 c.903 §5; 1989 c.993 §3; 1993 c.484 §11; 2001 c.900 §125; 2007 c.70 §203; 2009 c.595 §381; 2009 c.828 §23; 2011 c.720 §160; 2013 c.360 §15; 2015 c.433 §1; 2015 c.461 §1; 2017 c.356 §47; 2019 c.358 §11]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing
Section 426.005 - Definitions for ORS 426.005 to 426.390.
Section 426.020 - Superintendent; chief medical officer.
Section 426.060 - Commitment to Oregon Health Authority; powers of authority; placement; transfer.
Section 426.070 - Initiation; notification required; recommendation to court; citation.
Section 426.074 - Investigation; procedure; content; report.
Section 426.075 - Notice and records of treatment prior to hearing; procedures.
Section 426.110 - Appointment of examiners; qualifications; costs.
Section 426.120 - Examination report; rules.
Section 426.123 - Observation of person in custody; warning; evidence.
Section 426.125 - Qualifications and requirements for conditional release.
Section 426.127 - Outpatient commitment.
Section 426.129 - Community liaison.
Section 426.133 - Assisted outpatient treatment.
Section 426.140 - Place of confinement; attendant.
Section 426.150 - Transportation to treatment facility.
Section 426.160 - Disclosure of record of commitment proceeding.
Section 426.180 - Emergency commitment of individuals in Indian country.
Section 426.220 - Voluntary admission; leave of absence; notice to parent or guardian.
Section 426.231 - Hold by licensed independent practitioner; when authorized; statement required.
Section 426.232 - Emergency admission; notice; limit of hold.
Section 426.235 - Transfer between hospital and nonhospital facilities.
Section 426.238 - Classifying facilities.
Section 426.241 - Payment of care, custody and treatment costs; denial of payment; rules.
Section 426.250 - Payment of costs related to commitment proceedings.
Section 426.273 - Trial visits.
Section 426.275 - Effect of failure to adhere to condition of placement.
Section 426.278 - Distribution of copies of conditions for outpatient commitment or trial visit.
Section 426.295 - Judicial determination of competency; restoration of competency.
Section 426.297 - Payment of expenses for proceeding under ORS 426.295.
Section 426.330 - Presentation and payment of claims.
Section 426.335 - Limitations on liability.
Section 426.385 - Rights of committed persons.
Section 426.495 - Definitions for ORS 426.490 to 426.500; rules.
Section 426.500 - Powers and duties of Oregon Health Authority; rules.
Section 426.502 - Definitions for ORS 426.502 to 426.508.
Section 426.506 - Community Mental Health Housing Fund; Community Housing Trust Account; report.
Section 426.650 - Voluntary admission to state institution; rules.