2021 Oregon Revised Statutes
Chapter 426 - Persons With Mental Illness; Dangerous Persons; Commitment; Housing
Section 426.235 - Transfer between hospital and nonhospital facilities.


(2) A person in custody at a hospital may be transferred from the hospital only with the consent of the licensed independent practitioner who is treating the person and when the director of a nonhospital facility approved by the authority agrees to admit the person.
(3) A person in custody at a nonhospital facility approved by the authority may be transferred to a hospital approved by the authority only when a licensed independent practitioner with admitting privileges agrees to admit the person.
(4) In transporting a person between a hospital and nonhospital facility under this section, the community mental health program director has all the powers provided in ORS 133.225 and 161.255 and may compel the assistance of any peace officer or other authorized individual.
(5) When a person is transferred under this section, the community mental health program director shall notify immediately the court notified under ORS 426.234 (2) or (3) of the fact of the transfer and of the location of the person. [1993 c.484 §7; 2009 c.595 §407; 2013 c.360 §43; 2015 c.461 §16]
Note: See note under 426.228.

Structure 2021 Oregon Revised Statutes

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 426.072 - Care while in custody; responsibilities of licensed independent practitioner; rules.

Section 426.074 - Investigation; procedure; content; report.

Section 426.075 - Notice and records of treatment prior to hearing; procedures.

Section 426.095 - Commitment hearing; postponement; right to cross-examine; admissibility of investigation report.

Section 426.100 - Advice of court; appointment of legal counsel; costs; representation of state’s interest.

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 426.130 - Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; assisted outpatient treatment; prohibition relating to firearms; period of commitment.

Section 426.133 - Assisted outpatient treatment.

Section 426.140 - Place of confinement; attendant.

Section 426.150 - Transportation to treatment facility.

Section 426.155 - Release of information about person held in custody pending commitment proceeding or while committed or recommitted.

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 426.225 - Voluntary admission to state hospital of committed person; examination by licensed independent practitioner.

Section 426.228 - Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person.

Section 426.231 - Hold by licensed independent practitioner; when authorized; statement required.

Section 426.232 - Emergency admission; notice; limit of hold.

Section 426.233 - Authority of community mental health program director and of other individuals; costs of transportation.

Section 426.234 - Duties of professionals at facility where person admitted; notification; duties of court.

Section 426.235 - Transfer between hospital and nonhospital facilities.

Section 426.236 - Rules.

Section 426.237 - Prehearing detention; duties of community mental health program director; certification for treatment; court proceedings.

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 426.300 - Discharge of committed persons; application for assistance on behalf of committed person.

Section 426.301 - Release of committed person; certification of continued mental illness; service of certificate; content; period of further commitment; effect of failure to protest further commitment.

Section 426.307 - Court hearing; continuance; attorney; examination; determination of mental illness; order of further commitment; period of commitment.

Section 426.310 - Reimbursement of county expenses for commitment proceedings involving nonresidents.

Section 426.330 - Presentation and payment of claims.

Section 426.335 - Limitations on liability.

Section 426.370 - Withholding information obtained in certain commitment or admission investigations.

Section 426.385 - Rights of committed persons.

Section 426.415 - Licensing of persons who may order and oversee use of restraint and seclusion in facilities providing mental health treatment to individuals under 21 years of age; rules.

Section 426.490 - Policy.

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 426.504 - Power of Oregon Health Authority to develop community housing for persons with chronic mental illness; sale of community housing; conditions.

Section 426.506 - Community Mental Health Housing Fund; Community Housing Trust Account; report.

Section 426.508 - Sale of F. H. Dammasch State Hospital; fair market value; redevelopment of property; property reserved for community housing.

Section 426.650 - Voluntary admission to state institution; rules.

Section 426.675 - Determination of sexually dangerous persons; custody pending sentencing; hearing; sentencing; rules.

Section 426.680 - Trial visits for probationer.

Section 426.701 - Commitment of "extremely dangerous" person with qualifying mental disorder; requirements for conditional release; rules.

Section 426.702 - Discharge from commitment of extremely dangerous person with qualifying mental disorder; requirements for further commitment; protest and hearing.