(2) As used in this section and ORS 426.200 and 426.210, "hospital" means a hospital that is licensed under ORS chapter 441, other than an institution listed in ORS 426.010.
(3) If the court of a tribe having jurisdiction over an individual issues an order finding that the individual is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness, a person may request that the individual be taken by a tribal police officer or other peace officer to a hospital or nonhospital facility by submitting to the officer a certified copy of the order and an affidavit that includes:
(a) The name and address of the nearest relative or legal guardian of the individual; and
(b) A medical history completed by one of the following, who may not be related to the individual by blood or marriage:
(A) The tribe’s mental health authority, if the tribe has entered into an agreement with the state pursuant to ORS 430.630 (9)(a)(B);
(B) A qualified mental health professional; or
(C) A licensed independent practitioner.
(4) Upon receipt of the order and affidavit described in subsection (3) of this section, the tribal police officer or other peace officer shall immediately transport the individual to a hospital or a nonhospital facility and present the individual to the hospital or nonhospital facility accompanied by the court order and affidavit.
(5) The director of the hospital or nonhospital facility may refuse to admit the individual if a licensed independent practitioner, after reviewing the documents accompanying the individual, is not satisfied that an emergency exists or that the individual is dangerous to self or others and in need of immediate care, custody or treatment for mental illness.
(6) If the hospital or nonhospital facility admits the individual, the director or a licensed independent practitioner shall notify the community mental health program director for the area and the circuit court with jurisdiction in the area where the facility is located. Upon receipt of the notice, the community mental health program director shall initiate commitment proceedings in accordance with ORS 426.070.
(7) If an individual is admitted to a hospital or nonhospital facility under this section, any licensed independent practitioner who is treating the individual shall give the individual the warning under ORS 426.123.
(8) This section may be applied as provided by agreement with the governing body of the reservation. Payment of costs for a commitment made under this section shall be as provided under ORS 426.250.
(9) The director of the hospital or nonhospital facility or licensed independent practitioner shall notify the appropriate tribe regarding all actions taken under ORS 426.180 to 426.210 no later than 24 hours after the action is taken, except for information protected from disclosure by state or federal law. [Amended by 1953 c.442 §2; 1975 c.690 §12; 1987 c.903 §21; 2007 c.70 §204; 2009 c.595 §397; 2012 c.25 §1; 2015 c.461 §9; 2019 c.247 §2]
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.