(1) The court shall be fully advised of all drugs and other treatment known to have been administered to the person alleged to have a mental illness that may substantially affect the ability of the person to prepare for or function effectively at the hearing. The following shall advise the court as required by this subsection:
(a) When not otherwise provided by paragraph (b) of this subsection, the community mental health program director or designee.
(b) When the person has been detained by a warrant of detention under ORS 426.070, 426.180, 426.228, 426.232 or 426.233, the treating licensed independent practitioner.
(2) The court shall appoint examiners under ORS 426.110 sufficiently in advance of the hearing so that the examiners may begin their preparation for the hearing. The records established by the Oregon Health Authority by rule and the investigation report shall be made available to the examiners at least 24 hours before the hearing in order that the examiners may review the medical record and have an opportunity to inquire of the medical personnel concerning the treatment of the person alleged to have a mental illness during the detention period prior to the hearing.
(3) The medical record described in subsection (2) of this section shall be made available to counsel for the person alleged to have a mental illness at least 24 hours prior to the hearing.
(4) When requested by a party to the action, the party’s attorney shall subpoena licensed independent practitioners who are or have been treating the person. Any treating licensed independent practitioner subpoenaed under this subsection shall be subpoenaed as an expert witness. [1973 c.838 §8; 1975 c.690 §3; 1979 c.408 §2; 1987 c.903 §12; 1989 c.189 §1; 1993 c.484 §15; 2009 c.595 §388; 2013 c.360 §21; 2015 c.461 §5]
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.