Powers of Attorney

ORS 127.720
Circumstances in which physician or provider may disregard declaration


(1)

The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only:

(a)

If the principal is committed to the Oregon Health Authority pursuant to ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) and treatment is authorized in compliance with ORS 426.385 (Rights of committed persons) (3) and administrative rule.

(b)

If treatment is authorized in compliance with administrative rule and:

(A)

The principal is committed to a state hospital or secure intensive community inpatient facility:

(i)

As a result of being found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) or responsible except for insanity under ORS 419C.411 (Disposition order);

(ii)

Under ORS 161.365 (Procedure for determining issue of fitness to proceed); or
(iii) Under ORS 161.370 (Determination of fitness to proceed); or

(B)

The principal is transferred to a state hospital or other facility under ORS 179.473 (Transfers between institutions) or 419C.530 (Continuing jurisdiction of Psychiatric Security Review Board after placement).

(c)

In cases of emergency endangering life or health.

(2)

A declaration does not limit any authority provided in ORS 426.005 (Definitions for ORS 426.005 to 426.390) to 426.390 (Construction) either to take a person into custody, or to admit, retain or treat a person in a health care facility. [1993 c.442 §9; 1995 c.141 §2; 2009 c.595 §88; 2011 c.279 §1]

Source

Last accessed
Jun. 26, 2021