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Science Forum Index » Psychology - Psychotherapy Forum » Chap. 426--Title 35 Oregon Mental Health.
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http://www.leg.state.or.us/ors/426.html
Chapter 426 -- Persons With Mental Illness; Sexually Dangerous Persons
2005 EDITION
TITLE 35
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES;
ALCOHOL AND DRUG ABUSE
Chapter 426. Persons With Mental Illness; Sexually Dangerous
Persons
427. Persons With Mental Retardation; Persons
With Developmental Disabilities
428. Nonresident Persons With Mental
Disabilities
430. Administration; Alcohol and Drug Abuse
Programs
_______________
Chapter 426 -- Persons With Mental Illness; Sexually Dangerous Persons
2005 EDITION
MENTALLY ILL AND SEXUALLY DANGEROUS PERSONS
MENTAL HEALTH; ALCOHOL AND DRUG ABUSE
PERSONS WITH MENTAL ILLNESS
(Definitions)
426.005 Definitions for ORS 426.005 to 426.390
[..]
426.190 Admission on emergency commitment. Immediately upon execution
of the documents mentioned in ORS 426.180, the person, together with
the documents, shall be transported by the sheriff or other person on
the authorization of the county health officers or deputy to the state
hospital indicated by law to receive such patient. The chief medical
officer of the state hospital may refuse to admit the person unless
the chief medical officer is satisfied from the documents that an
emergency exists, and that the person is so mentally ill as to be in
need of immediate hospitalization. The superintendent shall file such
documents in the office of the hospital, where they shall remain a
matter of record. If the superintendent is satisfied that an emergency
exists, and that such person is so mentally ill as to be in need of
immediate hospitalization, the superintendent shall receive and care
for as a patient in the hospital the person named in the documents.
[Amended by 1969 c.391 §2]
[..]
426.228 Custody; authority of peace officers and other persons;
transporting to facility; reports; examination of person. (1) A peace
officer may take into custody a person who the officer has probable
cause to believe is dangerous to self or to any other person and is in
need of immediate care, custody or treatment for mental illness. As
directed by the community mental health and developmental disabilities
program director, a peace officer shall remove a person taken into
custody under this section to the nearest hospital or nonhospital
facility approved by the Department of Human Services. The officer
shall prepare a written report and deliver it to the treating
physician. The report shall state:
(a) The reason for custody;
(b) The date, time and place the person was taken into custody;
and
(c) The name of the community mental health and developmental
disabilities program director and a telephone number where the
director may be reached at all times.
(2) A peace officer shall take a person into custody when the
community mental health and developmental disabilities program
director, pursuant to ORS 426.233, notifies the peace officer that the
director has probable cause to believe that the person is imminently
dangerous to self or to any other person. As directed by the community
mental health and developmental disabilities program director, the
peace officer shall remove the person to a hospital or nonhospital
facility approved by the department. The community mental health and
developmental disabilities program director shall prepare a written
report that the peace officer shall deliver to the treating physician.
The report shall state:
(a) The reason for custody;
(b) The date, time and place the person was taken into custody;
and
(c) The name of the community mental health and developmental
disabilities program director and a telephone number where the
director may be reached at all times.
(3) If more than one hour will be required to transport the
person to the hospital or nonhospital facility from the location where
the person was taken into custody, the peace officer shall obtain, if
possible, a certificate from a physician licensed by the Board of
Medical Examiners for the State of Oregon stating that the travel will
not be detrimental to the person's physical health and that the person
is dangerous to self or to any other person and is in need of
immediate care or treatment for mental illness. The physician shall
have personally examined the allegedly mentally ill person within 24
hours prior to signing the certificate.
(4) When a peace officer or other authorized person, acting
under this section, delivers a person to a hospital or nonhospital
facility, a physician licensed by the Board of Medical Examiners for
the State of Oregon shall examine the person immediately. If the
physician finds the person to be in need of emergency care or
treatment for mental illness, the physician shall proceed under ORS
426.232, otherwise the person shall not be retained in custody. If the
person is to be released from custody, the peace officer or the
community mental health and developmental disabilities program
director shall return the person to the place where the person was
taken into custody unless the person declines that service.
(5) A peace officer may transfer a person in custody under this
section to the custody of a person authorized by the county governing
body under ORS 426.233 (3). The peace officer may meet the authorized
person at any location that is in accordance with ORS 426.140 to
effect the transfer. When transferring a person in custody to an
authorized person, the peace officer shall deliver the report required
under subsections (1) and (2) of this section to the authorized
person.
(6) A person authorized under ORS 426.233 (3) shall take a
person into custody when directed to do so by a peace officer or by a
community mental health and developmental disabilities program
director under ORS 426.233.
(7) A person authorized under ORS 426.233 (3) shall perform the
duties of the peace officer or the community mental health and
developmental disabilities program director required by this section
and ORS 426.233 if the peace officer or the director has not already
done so.
( A person authorized under ORS 426.233 (3) may transfer a
person in custody under this section to the custody of another person
authorized under ORS 426.233 (3) or a peace officer. The authorized
person transferring custody may meet another authorized person or a
peace officer at any location that is in accordance with ORS 426.140
to effect the transfer.
(9)(a) When a peace officer takes a person into custody under
this section, and the peace officer reasonably suspects that the
person is a foreign national, the peace officer shall inform the
person of the person's right to communicate with an official from the
consulate of the person's country.
(b) A peace officer is not civilly or criminally liable for
failure to provide the information required by this subsection.
Failure to provide the information required by this subsection does
not in itself constitute grounds for the exclusion of evidence that
would otherwise be admissible in a proceeding. [1993 c.484 §2; 1997 c.
531 §2; 2003 c.109 §2]
Note: 426.228 to 426.238 were added to and made a part of
426.005 to 426.390 by legislative action but were not added to any
other series therein. See Preface to Oregon Revised Statutes for
further explanation.
426.230 [Amended by 1955 c.651 §7; repealed by 1957 c.388 §17]
426.231 Physician hold; when authorized; statement required. (1)
A physician licensed by the Board of Medical Examiners for the State
of Oregon may hold a person for transportation to a treatment facility
for up to 12 hours in a health care facility licensed under ORS
chapter 431 and approved by the Department of Human Services if:
(a) The physician believes the person is dangerous to self or to
any other person and is in need of emergency care or treatment for
mental illness;
(b) The physician is not related to the person by blood or
marriage; and
(c) An admitting physician at the receiving facility consents to
the transporting.
(2) Before transporting the person, the physician shall prepare
a written statement that:
(a) The physician has examined the person within the preceding
12 hours;
(b) An admitting physician at the receiving facility has
consented to the transporting of the person for examination and
admission if appropriate; and
(c) The physician believes the person is dangerous to self or to
any other person and is in need of emergency care or treatment for
mental illness.
(3) The written statement required by subsection (2) of this
section authorizes a peace officer, a person authorized under ORS
426.233 or the designee of a community mental health and developmental
disabilities program director to transport a person to the treatment
facility indicated on the statement. [1993 c.484 §3; 1997 c.531 §3]
Note: See note under 426.228.
426.232 Physician emergency admission; notice; limit of hold.
(1) When a physician licensed to practice medicine by the Board of
Medical Examiners for the State of Oregon believes a person who is
brought to a hospital or nonhospital facility by a peace officer under
ORS 426.228, a person authorized under ORS 426.233 or a person who is
at a hospital or nonhospital facility is dangerous to self or to any
other person and is in need of emergency care or treatment for mental
illness, the physician may do one of the following:
(a) After consulting with a physician or a qualified mental
health professional, as defined by rule of the Department of Human
Services, detain the person and cause the person to be admitted or, if
the person is already admitted, cause the person to be retained in a
hospital where the physician has admitting privileges or is on staff.
Neither the physician nor the qualified mental health professional may
be related by blood or marriage to the person.
(b) Approve the person for emergency care or treatment at a
nonhospital facility approved by the department.
(2) When approving a person for emergency care or treatment at a
nonhospital facility under this section, the physician shall notify
immediately the community mental health and developmental disabilities
program director in the county where the person was taken into custody
and maintain the person, if the person is being held at a hospital,
for as long as is feasible given the needs of the person for mental or
physical health or safety. However, under no circumstances may the
person be held for longer than five judicial days. [1993 c.484 §4;
1995 c.201 §3; 1997 c.531 §4]
Note: See note under 426.228.
426.233 Authority of community mental health and developmental
disabilities program director and of other persons; costs of
transportation. (1)(a) A community mental health and developmental
disabilities program director operating under ORS 430.610 to 430.695
or a designee thereof, under authorization of a county governing body,
may take one of the actions listed in paragraph (b) of this subsection
when the community mental health and developmental disabilities
program director or designee has probable cause to believe a person:
(A) Is dangerous to self or to any other person and is in need
of immediate care, custody or treatment for mental illness; or
(B)(i) Is a mentally ill person placed on conditional release
under ORS 426.125, outpatient commitment under ORS 426.127 or trial
visit under ORS 426.273; and
(ii) Is dangerous to self or to any other person or is unable to
provide for basic personal needs and is not receiving the care that is
necessary for health and safety and is in need of immediate care,
custody or treatment for mental illness.
(b) The community mental health and developmental disabilities
program director or designee under the circumstances set out in
paragraph (a) of this subsection may:
(A) Notify a peace officer to take the person into custody and
direct the officer to remove the person to a hospital or nonhospital
facility approved by the Department of Human Services;
(B) Authorize involuntary admission of, or, if already admitted,
cause to be involuntarily retained in a nonhospital facility approved
by the department, a person approved for care or treatment at a
nonhospital facility by a physician under ORS 426.232;
(C) Notify a person authorized under subsection (3) of this
section to take the person into custody and direct the authorized
person to remove the person in custody to a hospital or nonhospital
facility approved by the department;
(D) Direct a person authorized under subsection (3) of this
section to transport a person in custody from a hospital or a
nonhospital facility approved by the department to another hospital or
nonhospital facility approved by the department as provided under ORS
426.235; or
(E) Direct a person authorized under subsection (3) of this
section to transport a person in custody from a facility approved by
the department to another facility approved by the department as
provided under ORS 426.060.
(2) A designee under subsection (1) of this section must be
recommended by the community mental health and developmental
disabilities program director, meet the standards established by rule
of the department and be approved by the county governing body before
assuming the authority permitted under subsection (1) of this section.
(3) The county governing body may, upon recommendation by the
community mental health and developmental disabilities program
director, authorize any person to provide custody and secure
transportation services for a person in custody under ORS 426.228. In
authorizing a person under this subsection, the county governing body
shall grant the person the authority to do the following:
(a) Accept custody from a peace officer of a person in custody
under ORS 426.228;
(b) Take custody of a person upon notification by the community
mental health and developmental disabilities program director under
the provisions of this section;
(c) Remove a person in custody to an approved hospital or
nonhospital facility as directed by the community mental health and
developmental disabilities program director;
(d) Transfer a person in custody to another person authorized
under this subsection or a peace officer;
(e) Transfer a person in custody from a hospital or nonhospital
facility to another hospital facility or nonhospital facility when
directed to do so by the community mental health and developmental
disabilities program director; and
(f) Retain a person in custody at the approved hospital or
nonhospital facility until a physician makes a determination under ORS
426.232.
(4) A person authorized under subsection (3) of this section
must be recommended by the community mental health and developmental
disabilities program director, meet the standards established by rule
of the department and be approved by the governing body before
assuming the authority granted under this section.
(5) The costs of transporting a person as authorized under ORS
426.060, 426.228 or 426.235 by a person authorized under subsection
(3) of this section shall be the responsibility of the county whose
peace officer or community mental health and developmental
disabilities program director directs the authorized person to take
custody of a person and to transport the person to a facility approved
by the department, but the county shall not be responsible for costs
that exceed the amount provided by the state for that transportation.
A person authorized to act under subsection (3) of this section shall
charge the cost of emergency medical transportation to, and collect
that cost from, the person, third party payers or otherwise legally
responsible persons or agencies in the same manner that costs for the
transportation of other persons are charged and collected. [1993 c.484
§5; 1997 c.531 §5]
Note: See note under 426.228.
[/]
I suggest you read this one thoroughly there seems to be some fine
lines in this one. |
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