Persons With Mental Illness

ORS 426.231
Hold by licensed independent practitioner

  • when authorized
  • statement required


(1)

A licensed independent practitioner may hold a person for transportation to a treatment facility for up to 12 hours in a health care facility licensed under ORS chapter 441 and approved by the Oregon Health Authority if:

(a)

The licensed independent practitioner 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 licensed independent practitioner is not related to the person by blood or marriage; and

(c)

A licensed independent practitioner with admitting privileges at the receiving facility consents to the transporting.

(2)

Before transporting the person, the licensed independent practitioner shall prepare a written statement that:

(a)

The licensed independent practitioner has examined the person within the preceding 12 hours;

(b)

A licensed independent practitioner with admitting privileges at the receiving facility has consented to the transporting of the person for examination and admission if appropriate; and

(c)

The licensed independent practitioner 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, an individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals) or the designee of a community mental health program director to transport a person to the treatment facility indicated on the statement. [1993 c.484 §3; 1997 c.531 §3; 2009 c.595 §403; 2013 c.360 §39; 2015 c.461 §12]
Note: See note under 426.228 (Custody).
§§ 426.005 to 426.395

Notes of Decisions

The doctor-patient privilege applies under these sections. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Prior to commitment there must be evidence proving beyond a reasonable doubt that the individual is mentally ill as defined. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

The Oregon commitment statutes are not unconstitutional on the grounds of vagueness or as an invasion of privacy as protected by the Ninth and Fourteenth Amendments to the United States Constitution. State v. O'Neill, 274 Or 59, 545 P2d 97 (1976)

Oregon Constitution did not require jury in mental commitment hearings. State v. Mills, 36 Or App 727, 585 P2d 1143 (1978), Sup Ct review denied

Alleged mentally ill person does not have right to remain silent in civil commitment proceeding. State v. Matthews, 46 Or App 757, 613 P2d 88 (1980), Sup Ct review denied

Law Review Citations

9 WLJ 63-85 (1973)

Chapter 426

Notes of Decisions

The entire statutory scheme of involuntary commitment provides adequate procedural safeguards which satisfies the requirements of due process and equal protection. Dietrich v. Brooks, 27 Or App 821, 558 P2d 357 (1976), Sup Ct review denied

Atty. Gen. Opinions

County of residence paying mental commitment costs, (1979) Vol 40, p 147; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

Law Review Citations

16 WLR 448 (1979)


Source

Last accessed
Jun. 26, 2021