(a) By a warrant of detention under ORS 426.070;
(b) By a peace officer under ORS 426.228 or other individual authorized under ORS 426.233; or
(c) By a licensed independent practitioner under ORS 426.232.
(2) In circumstances described under subsection (1) of this section, the hospital or nonhospital facility and a treating licensed independent practitioner must comply with all the following:
(a) The person shall receive the care, custody and treatment required for mental and physical health and safety.
(b) The treating licensed independent practitioner shall report any care, custody and treatment to the court as required in ORS 426.075.
(c) All methods of treatment, including the prescription and administration of drugs, shall be the sole responsibility of the treating licensed independent practitioner. However, the person shall not be subject to electroshock therapy or unduly hazardous treatment and shall receive usual and customary treatment in accordance with medical standards in the community.
(d) The treating licensed independent practitioner shall be notified immediately of any seclusion of the person or use of mechanical restraints on the person. Every use of seclusion or mechanical restraint and the reasons for the use shall be made a part of the clinical record of the person over the signature of the treating licensed independent practitioner.
(e) The treating licensed independent practitioner shall give the person the warning under ORS 426.123 at times the treating licensed independent practitioner determines the person will reasonably understand the notice. This paragraph only requires the notice to be given as often as the licensed independent practitioner determines is necessary to assure that the person is given an opportunity to be aware of the notice.
(3) The Oregon Health Authority shall adopt rules necessary to carry out this section, including rules regarding the content of the medical record compiled during the current period of custody. [1987 c.903 §9; 1993 c.484 §13; 1997 c.531 §1; 2009 c.595 §386; 2013 c.360 §19; 2015 c.81 §1; 2015 c.461 §3]
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.