2007 Oregon Code - Chapter 426 :: TITLE 35
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
2007 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
(Hospitals)
426.010 State
hospitals for mentally ill persons
426.020 Superintendent;
chief medical officer
426.060 Commitment
to Department of Human Services; authority of department to direct placement;
transfer authority; delegation
(Commitment Procedure)
426.070 Initiation;
notification required; recommendation to court; citation
426.072 Custody;
care; responsibilities of treating physician; rules
426.074 Investigation;
procedure; content; report
426.075 Notice
and records of treatment prior to hearing; procedures
426.080 Execution
and return of citation or warrant of detention
426.090 Citation;
service
426.095 Commitment
hearing; postponement; right to cross-examine; admissibility of investigation
report
426.100 Advice
of court; appointment of legal counsel; costs; representation of states
interest
426.110 Appointment
of examiners; qualifications; costs
426.120 Examination
report; rules
426.123 Observation
of person in custody; warning; evidence
426.125 Qualifications
and requirements for conditional release
426.127 Outpatient
commitment
426.130 Court
determination of mental illness; discharge; release for voluntary treatment;
conditional release; commitment; prohibition relating to firearms; period of
commitment
426.135 Counsel
on appeal; costs of appeal
426.140 Place
of confinement; attendant
426.150 Transportation
to treatment facility
426.155 Release
of information about person held in custody pending commitment proceeding or
while committed or recommitted
426.160 Record
of proceedings
426.170 Delivery
of certified copy of record
(Emergency and Voluntary Admissions)
426.180 Emergency
commitment of certain Native Americans
426.190 Admission
on emergency commitment
426.200 Duties
following emergency admission; application for voluntary admission; court
commitment
426.210 Limit
of detention after commitment in emergency proceedings
426.217 Change
of status of committed patient to voluntary patient; effect of change
426.220 Voluntary
admission; leave of absence; notice to parent or guardian
426.223 Retaking
persons in custody of or committed to department; assistance of peace officers
and others
426.225 Voluntary
admission to state hospital of committed person; examination by physician
(Emergency Care and Treatment)
426.228 Custody;
authority of peace officers and other persons; transporting to facility;
reports; examination of person
426.231 Physician
hold; when authorized; statement required
426.232 Physician
emergency admission; notice; limit of hold
426.233 Authority
of community mental health and developmental disabilities program director and
of other persons; costs of transportation
426.234 Duties
of professionals at facility where person admitted; notification; duties of
court
426.235 Transfer
between hospital and nonhospital facilities
426.236 Rules
426.237 Prehearing
detention; duties of community mental health and developmental disabilities
program director; certification for treatment; court proceedings
426.238 Classifying
facilities
(Costs)
426.241 Payment
of care, custody and treatment costs; denial of payment; rules
426.250 Payment
of costs related to commitment proceedings
426.255 County
to pay costs
(Trial Visits; Conditional Release; Outpatient
Commitment; Early Release)
426.273 Trial
visits
426.275 Effect
of failure to adhere to condition of placement
426.278 Distribution
of copies of conditions for outpatient commitment or trial visit
426.292 Release
prior to expiration of term of commitment
(Competency and Discharge)
426.295 Judicial
determination of competency; restoration of competency
426.297 Payment
of expenses for proceeding under ORS 426.295
426.300 Discharge
of patients; application for public assistance
426.301 Release
of committed patient; certification of continued mental illness; service of
certificate; content; period of further commitment; effect of failure to
protest further commitment
426.303 Effect
of protest of further commitment; advice of court
426.307 Court
hearing; continuance; attorney; examination; determination of mental illness;
order of further commitment; period of commitment
426.309 Effect
of ORS 426.217 and 426.301 to 426.307 on other discharge procedure
(Miscellaneous)
426.310 Reimbursement
of county in case of nonresident patients
426.320 Payment
of certain expenses by the state
426.330 Presentation
and payment of claims
426.335 Limitations
on liability
426.370 Withholding
information obtained in certain commitment or admission investigations
426.380 Availability
of writ of habeas corpus
426.385 Rights
of committed persons
426.390 Construction
426.395 Posting
of statement of rights of committed persons
(Licensing of Persons Who May Order Restraint
or Seclusion)
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
PERSONS WITH CHRONIC MENTAL ILLNESS
(Generally)
426.490 Policy
426.495 Definitions
for ORS 426.490 to 426.500; rules
426.500 Powers
and duties of Department of Human Services; rules
(Community Housing)
426.502 Definitions
for ORS 426.502 to 426.508
426.504 Authority
of department to develop community housing for persons with chronic mental
illness; sale of community housing; conditions
426.506 Community
Mental Health Housing Fund; Community Housing Trust Account; report
426.508 Sale
of F. H. Dammasch State Hospital; fair market value; redevelopment of property;
property reserved for community housing
SEXUALLY DANGEROUS PERSONS
426.510 Sexually
dangerous person defined
426.650 Voluntary
admission to state institution; rules
426.670 Treatment
programs for sexually dangerous persons
426.675 Determination
of sexually dangerous persons; custody pending sentencing; hearing; sentencing;
rules
426.680 Trial
visits for probationer
PERSONS WITH MENTAL ILLNESS
(Definitions)
426.005
Definitions for ORS 426.005 to 426.390. (1) As used in ORS 426.005 to 426.390, unless the context requires
otherwise:
(a) Department means the Department of
Human Services.
(b) Director of the facility means a
superintendent of a state mental hospital, the chief of psychiatric services in
a community hospital or the person in charge of treatment and rehabilitation
programs at other treatment facilities.
(c) Facility means a state mental
hospital, community hospital, residential facility, detoxification center, day
treatment facility or such other facility as the department determines
suitable, any of which may provide diagnosis and evaluation, medical care,
detoxification, social services or rehabilitation for committed mentally ill
persons.
(d) Mentally ill person means a person
who, because of a mental disorder, is one or more of the following:
(A) Dangerous to self or others.
(B) Unable to provide for basic personal
needs and is not receiving such care as is necessary for health or safety.
(C) A person:
(i) With a chronic mental illness, as
defined in ORS 426.495;
(ii) Who, within the previous three years,
has twice been placed in a hospital or approved inpatient facility by the
department under ORS 426.060;
(iii) Who is exhibiting symptoms or
behavior substantially similar to those that preceded and led to one or more of
the hospitalizations or inpatient placements referred to in sub-subparagraph
(ii) of this subparagraph; and
(iv) Who, unless treated, will continue,
to a reasonable medical probability, to physically or mentally deteriorate so
that the person will become a person described under either subparagraph (A) or
(B) of this paragraph or both.
(e) Nonhospital facility means any
facility, other than a hospital, that is approved by the department to provide
adequate security, psychiatric, nursing and other services to persons under ORS
426.232 or 426.233.
(f) Prehearing period of detention means
a period of time calculated from the initiation of custody during which a
person may be detained under ORS 426.228, 426.231, 426.232 or 426.233.
(2) Whenever a community mental health and
developmental disabilities program director, director of the facility,
superintendent of a state hospital or administrator of a facility is referred
to, the reference includes any designee such person has designated to act on
the persons behalf in the exercise of duties. [1961 c.706 §25; 1973 c.838 §1;
1987 c.903 §5; 1989 c.993 §3; 1993 c.484 §11; 2001 c.900 §125; 2007 c.70 §203]
(Hospitals)
426.010
State hospitals for mentally ill persons. Except as otherwise ordered by the Department of Human Services
pursuant to ORS 179.325, the Oregon State Hospital in Salem, Marion County, and
the Blue Mountain Recovery Center in Pendleton, Umatilla County, shall be used
as state hospitals for the care and treatment of mentally ill persons who are
assigned to the care of such institutions by the department or who have
previously been committed to such institutions. [Amended by 1955 c.651 §3; 1965
c.339 §23; 1965 c.595 §2; 1983 c.505 §1; 1999 c.983 §6; 2007 c.14 §1]
426.020
Superintendent; chief medical officer. The superintendent of a hospital referred to in ORS 426.010 shall be a
person the Department of Human Services considers qualified to administer the
hospital. If the superintendent of any hospital is a physician licensed by the
Oregon Medical Board, the superintendent shall serve as chief medical officer.
If the superintendent is not a physician, the Director of Human Services or the
designee of the director shall appoint a physician to serve as chief medical
officer who shall be in the unclassified service. [Amended by 1955 c.651 §4;
1969 c.391 §1; 1973 c.807 §2; 1987 c.158 §76; 2003 c.14 §234; 2007 c.71 §116]
426.030 [Amended by 1955 c.651 §5; 1957 c.43 §1;
repealed by 1999 c.983 §7]
426.060
Commitment to Department of Human Services; authority of department to direct
placement; transfer authority; delegation. (1) Commitments to the Department of Human Services shall be made only
by the judge of a circuit court in a county of this state.
(2) The following is a nonexclusive list
of powers the department may exercise concerning the placement of persons
committed or persons receiving emergency care and treatment under ORS 426.070,
426.228 to 426.235 or 426.237:
(a) In its discretion and for reasons
which are satisfactory to the department, the department may direct any
court-committed person to the facility best able to treat the person. The
authority of the department on such matters shall be final.
(b) At any time, for good cause and in the
best interest of the mentally ill person, the department may transfer a
committed person from one facility to another. When transferring a person under
this paragraph, the department shall make the transfer:
(A) If the transfer is from a facility in
one class to a facility of the same class, as provided by rule of the
department;
(B) If the transfer is from a facility in
one class to a facility in a less restrictive class, by following the
procedures for trial visits under ORS 426.273; and
(C) If the transfer is from a facility in
one class to a facility in a more restrictive class, by following the
procedures under ORS 426.275.
(c) At any time, for good cause and in the
best interest of the mentally ill person, the department may transfer a person
receiving emergency care and treatment under ORS 426.070 or 426.228 to 426.235,
or intensive treatment under ORS 426.237, between hospitals and nonhospital
facilities approved by the department to provide emergency care or treatment as
defined by rule of the department.
(d) Pursuant to its rules, the department
may delegate to a community mental health and developmental disabilities
program director the responsibility for assignment of mentally ill persons to
suitable facilities or transfer between such facilities under conditions which
the department may define. [Amended by 1955 c.651 §6; 1963 c.254 §1; 1967 c.534
§19; 1973 c.838 §2; 1975 c.690 §1; 1987 c.903 §6; 1993 c.484 §12]
(Commitment
Procedure)
426.070
Initiation; notification required; recommendation to court; citation. (1) Any of the following may initiate
commitment procedures under this section by giving the notice described under
subsection (2) of this section:
(a) Two persons;
(b) The county health officer; or
(c) Any magistrate.
(2) For purposes of subsection (1) of this
section, the notice must comply with the following:
(a) It must be in writing under oath;
(b) It must be given to the community
mental health and developmental disabilities program director or a designee of
the director in the county where the allegedly mentally ill person resides;
(c) It must state that a person within the
county other than the person giving the notice is a mentally ill person and is
in need of treatment, care or custody;
(d) If the commitment proceeding is
initiated by two persons under subsection (1)(a) of this section, it may
include a request that the court notify the two persons:
(A) Of the issuance or nonissuance of a
warrant under this section; or
(B) Of the courts determination under ORS
426.130 (1); and
(e) If the notice contains a request under
paragraph (d) of this subsection, it must also include the addresses of the two
persons making the request.
(3) Upon receipt of a notice under
subsections (1) and (2) of this section or when notified by a circuit court
that the court received notice under ORS 426.234, the community mental health
and developmental disabilities program director, or designee of the director,
shall:
(a) Immediately notify the judge of the
court having jurisdiction for that county under ORS 426.060 of the notification
described in subsections (1) and (2) of this section.
(b) Immediately notify the Department of
Human Services if commitment is proposed because the person appears to be a
mentally ill person, as defined in ORS 426.005 (1)(d)(C). When such notice is received,
the department may verify, to the extent known by the department, whether or
not the person meets the criteria described in ORS 426.005 (1)(d)(C)(i) and
(ii) and so inform the community mental health and developmental disabilities
program director or designee of the director.
(c) Initiate an investigation under ORS
426.074 to determine whether there is probable cause to believe that the person
is in fact a mentally ill person.
(4) Upon completion, a recommendation
based upon the investigation report under ORS 426.074 shall be promptly
submitted to the court. If the community mental health and developmental
disabilities program director determines that probable cause does not exist to
believe that a person released from detention under ORS 426.234 (2)(c) or
(3)(b) is a mentally ill person, the community mental health and developmental
disabilities program director shall not submit a recommendation to the court.
(5) When the court receives notice under
subsection (3) of this section:
(a) If the court, following the
investigation, concludes that there is probable cause to believe that the
person investigated is a mentally ill person, it shall, through the issuance of
a citation as provided in ORS 426.090, cause the person to be brought before it
at a time and place as it may direct, for a hearing under ORS 426.095 to
determine whether the person is mentally ill. The person shall be given the
opportunity to appear voluntarily at the hearing unless the person fails to
appear or unless the person is detained pursuant to paragraph (b) of this
subsection.
(b)(A) The judge may cause the allegedly
mentally ill person to be taken into custody pending the investigation or
hearing by issuing a warrant of detention under this subsection. A judge may
only issue a warrant under this subsection if the court finds that there is
probable cause to believe that failure to take the person into custody would
pose serious harm or danger to the person or to others.
(B) To cause the custody of a person under
this paragraph, the judge must issue a warrant of detention to the community
mental health and developmental disabilities program director or designee, the
sheriff of the county or designee, directing that person to take the allegedly
mentally ill person into custody and produce the person at the time and place
stated in the warrant.
(C) At the time the person is taken into
custody, the person shall be informed by the community mental health and
developmental disabilities program director, the sheriff or a designee of the
following:
(i) The persons rights with regard to
representation by or appointment of counsel as described in ORS 426.100;
(ii) The warning under ORS 426.123; and
(iii) The persons right, if the community
mental health and developmental disabilities program director, sheriff or
designee reasonably suspects that the person is a foreign national, to
communicate with an official from the consulate of the persons country. A
community mental health and developmental disabilities program director,
sheriff or designee is not civilly or criminally liable for failure to provide
the information required by this sub-subparagraph. Failure to provide the
information required by this sub-subparagraph does not in itself constitute
grounds for the exclusion of evidence that would otherwise be admissible in a
proceeding.
(D) The court may make any orders for the
care and custody of the person prior to the hearing as it considers necessary.
(c) If the notice includes a request under
subsection (2)(d)(A) of this section, the court shall notify the two persons of
the issuance or nonissuance of a warrant under this subsection. [Amended by
1957 c.329 §1; 1967 c.534 §20; 1973 c.838 §3; 1975 c.690 §2; 1979 c.408 §1;
1983 c.740 §149; 1987 c.903 §7; 1989 c.993 §4; 1993 c.484 §26; 1995 c.201 §2;
1995 c.498 §1; 2003 c.14 §235; 2003 c.109 §3]
426.072
Custody; care; responsibilities of treating physician; rules. (1) A hospital or nonhospital facility and a
treating physician must comply with the following when an allegedly mentally
ill person is placed in custody at the hospital or nonhospital facility:
(a) By a warrant of detention under ORS
426.070;
(b) By a peace officer under ORS 426.228
or other person authorized under ORS 426.233; or
(c) By a physician under ORS 426.232.
(2) In circumstances described under
subsection (1) of this section, the hospital or nonhospital facility and
treating physician must comply with the following:
(a) The person shall receive the care,
custody and treatment required for mental and physical health and safety;
(b) The treating physician shall report
any care, custody and treatment to the court as required in ORS 426.075;
(c) All methods of treatment, including
the prescription and administration of drugs, shall be the sole responsibility
of the treating physician. However, the person shall not be subject to
electroshock therapy or unduly hazardous treatment and shall receive usual and
customary treatment in accordance with medical standards in the community;
(d) The treating physician shall be
notified immediately of any use of mechanical restraints on the person. Every
use of a mechanical restraint and the reasons therefor shall be made a part of
the clinical record of the person over the signature of the treating physician;
and
(e) The treating physician shall give the
person the warning under ORS 426.123 at times the treating physician determines
the person will reasonably understand the notice. This paragraph only requires
the notice to be given as often as the physician determines is necessary to
assure that the person is given an opportunity to be aware of the notice.
(3) The Department of Human Services shall
adopt rules necessary to carry out this section, including rules regarding the
content of the medical record compiled during the current period of custody. [1987
c.903 §9; 1993 c.484 §13; 1997 c.531 §1]
426.074
Investigation; procedure; content; report. The following is applicable to an investigation initiated by a
community mental health and developmental disabilities program director, or a
designee of the director, as part of commitment procedures under ORS 426.070
and 426.228 to 426.235:
(1) If the allegedly mentally ill person
is held in custody before the hearing the investigation shall be completed at
least 24 hours before the hearing under ORS 426.095, otherwise the
investigation shall comply with the following time schedule:
(a) If the allegedly mentally ill person
can be located, the investigator shall contact the person within three judicial
days from the date the community mental health and developmental disabilities
program director or a designee receives a notice under ORS 426.070 alleging
that the person is mentally ill.
(b) Within 15 days from the date the
community mental health and developmental disabilities program director or a
designee receives a notice under ORS 426.070 alleging that a person is mentally
ill, one of the following shall occur:
(A) The investigation shall be completed
and submitted to the court.
(B) An application for extension shall be
made to the court under paragraph (c) of this subsection.
(c) The community mental health and
developmental disabilities program director, a designee or the investigator may
file for an extension of the time under paragraph (b) of this subsection only
if one of the following occurs:
(A) A treatment option less restrictive
than involuntary in-patient commitment is actively being pursued.
(B) The allegedly mentally ill person
cannot be located.
(d) A court may grant an extension under
paragraph (c) of this subsection for a time and upon the terms and conditions
the court considers appropriate.
(2) This subsection establishes a
nonexclusive list of provisions applicable to the content of the investigation,
as follows:
(a) The investigation conducted should, where
appropriate, include an interview or examination of the allegedly mentally ill
person in the home of the person or other place familiar to the person.
(b) Whether or not the allegedly mentally
ill person consents, the investigation should include interviews with any
persons that the investigator has probable cause to believe have pertinent
information regarding the investigation. If the allegedly mentally ill person
objects to the contact with any person, the objection shall be noted in the
investigators report.
(c) The investigator shall be allowed
access to physicians, nurses or social workers and to medical records compiled
during the current involuntary prehearing period of detention to determine
probable cause and to develop alternatives to commitment. If commitment is
proposed because the person appears to be a mentally ill person as defined in
ORS 426.005 (1)(d)(C), the investigator shall be allowed access to medical
records necessary to verify the existence of criteria described in ORS 426.005 (1)(d)(C).
The investigator shall include pertinent parts of the medical record in the
investigation report. Records and communications described in this paragraph
and communications related thereto are not privileged under ORS 40.230, 40.235,
40.240 or 40.250.
(3) A copy of the investigation report
shall be provided as soon as possible, but in no event later than 24 hours
prior to the hearing, to the allegedly mentally ill person and to that persons
counsel. Copies shall likewise be provided to counsel assisting the court, to
the examiners and to the court for use in questioning witnesses. [1987 c.903 §10;
1989 c.993 §5; 1993 c.484 §14; 1997 c.649 §1]
426.075
Notice and records of treatment prior to hearing; procedures. This section establishes procedures that are
required to be followed before the hearing if a court, under ORS 426.070,
orders a hearing under ORS 426.095. The following apply as described:
(1) The court shall be fully advised of
all drugs and other treatment known to have been administered to the allegedly
mentally ill person that may substantially affect the ability of the person to
prepare for or function effectively at the hearing. The following shall advise
the court as required by this subsection:
(a) When not otherwise provided by paragraph
(b) of this subsection, the community mental health and developmental
disabilities program director or designee.
(b) When the person has been detained by a
warrant of detention under ORS 426.070, 426.180, 426.228, 426.232 or 426.233,
the treating physician.
(2) The court shall appoint examiners
under ORS 426.110 sufficiently long before the hearing so that they may begin
their preparation for the hearing. The records established by the Department of
Human Services by rule and the investigation report shall be made available to
the examiners at least 24 hours before the hearing in order that the examiners
may review the medical record and have an opportunity to inquire of the medical
personnel concerning the treatment of the allegedly mentally ill person
relating to the detention period prior to the hearing.
(3) The medical record described in
subsection (2) of this section shall be made available to counsel for the
allegedly mentally ill person at least 24 hours prior to the hearing.
(4) When requested by a party to the
action, the partys attorney shall subpoena physicians who are or have been
treating the allegedly mentally ill person. Any treating physician subpoenaed
under this subsection shall be subpoenaed as an expert witness. [1973 c.838 §8;
1975 c.690 §3; 1979 c.408 §2; 1987 c.903 §12; 1989 c.189 §1; 1993 c.484 §15]
426.080
Execution and return of citation or warrant of detention. The person serving a warrant of detention or
the citation provided for by ORS 426.090 shall, immediately after service
thereof, make a return upon the original warrant or citation showing the time,
place and manner of such service and file it with the clerk of the court. In
executing the warrant of detention or citation, the person has all the powers
provided by ORS 133.235 and 161.235 to 161.245 and may require the assistance
of any peace officer or other person. [Amended by 1971 c.743 §366; 1973 c.836 §348;
1973 c.838 §4a]
426.090
Citation; service. The judge
shall cause a citation to issue to the allegedly mentally ill person stating
the nature of the information filed concerning the person and the specific
reasons the person is believed to be mentally ill. The citation shall further
contain a notice of the time and place of the commitment hearing, the right to
legal counsel, the right to have legal counsel appointed if the person is
unable to afford legal counsel, and, if requested, to have legal counsel
immediately appointed, the right to subpoena witnesses in behalf of the person
to the hearing and other information as the court may direct. The citation
shall be served upon the person by delivering a duly certified copy of the
original thereof to the person in person prior to the hearing. The person shall
have an opportunity to consult with legal counsel prior to being brought before
the court. [Amended by 1957 c.329 §2; 1967 c.459 §1; 1971 c.368 §1; 1973 c.838 §5;
1975 c.690 §4]
426.095
Commitment hearing; postponement; right to cross-examine; admissibility of
investigation report. The
following is applicable to a commitment hearing held by a court under ORS
426.070:
(1) The hearing may be held in a hospital,
the persons home or in some other place convenient to the court and the
allegedly mentally ill person.
(2) The court shall hold the hearing at
the time established according to the following:
(a) Except as provided by paragraph (b) or
(c) of this subsection, a hearing shall be held five judicial days from the day
a court under ORS 426.070 issues a citation provided under ORS 426.090.
(b) Except as provided by paragraph (c) of
this subsection, if a person is detained by a warrant of detention under ORS
426.070, a hearing shall be held within five judicial days of the commencement
of detention.
(c) If requested under this paragraph, the
court, for good cause, may postpone the hearing for not more than five judicial
days in order to allow preparation for the hearing. The court may make orders
for the care and custody of the person during a postponement as it deems
necessary. If a person is detained before a hearing under ORS 426.070, 426.180,
426.228, 426.232 or 426.233 and the hearing is postponed under this paragraph,
the court, for good cause, may allow the person to be detained during the
postponement if the postponement is requested by the person or the legal
counsel of the person. Any of the following may request a postponement under
this paragraph:
(A) The allegedly mentally ill person.
(B) The legal counsel or guardian of the
allegedly mentally ill person.
(C) The person representing the states
interest.
(3) The allegedly mentally ill person and
the person representing the states interest shall have the right to
cross-examine all the following:
(a) Witnesses.
(b) The person conducting the
investigation.
(c) The examining physicians or other
qualified persons recommended by the Department of Human Services who have
examined the person.
(4) The provisions of ORS 40.230, 40.235,
40.240 and 40.250 shall not apply to and the court may consider as evidence any
of the following:
(a) Medical records for the current
involuntary prehearing period of detention.
(b) Statements attributed by the maker of
the medical records or the investigation report to witnesses concerning their
own observations in the absence of objection or if such persons are produced as
witnesses at the hearing available for cross-examination.
(c) The testimony of any treating
physicians, nurses or social workers for the prehearing period of detention.
Any treating physician, nurse or social worker who is subpoenaed as a witness
for the proceeding shall testify as an expert witness under the provisions of
ORS 40.410, 40.415, 40.420 and 40.425 and is subject to treatment as an expert
witness in the payment of witness fees and costs.
(d) The investigation report prepared
under ORS 426.074. Subject to the following, the investigation report shall be
introduced in evidence:
(A) Introduction of the report under this
paragraph does not require the consent of the allegedly mentally ill person.
(B) Upon objection by any party to the action,
the court shall exclude any part of the investigation report that may be
excluded under the Oregon Evidence Code on grounds other than those set forth
in ORS 40.230, 40.235, 40.240 or 40.250.
(C) Neither the investigation report nor
any part thereof shall be introduced into evidence under this paragraph unless
the investigator is present during the proceeding to be cross-examined or
unless the presence of the investigator is waived by the allegedly mentally ill
person or counsel for the allegedly mentally ill person. [1973 c.838 §9; 1975
c.690 §5; 1987 c.903 §13; 1993 c.484 §16; 1997 c.649 §2]
426.100
Advice of court; appointment of legal counsel; costs; representation of states
interest. (1) At the time
the allegedly mentally ill person is brought before the court, the court shall
advise the person of the following:
(a) The reason for being brought before
the court;
(b) The nature of the proceedings;
(c) The possible results of the
proceedings;
(d) The right to subpoena witnesses; and
(e) The persons rights regarding
representation by or appointment of counsel.
(2) Subsection (3) of this section
establishes the rights of allegedly mentally ill persons in each of the
following circumstances:
(a) When the person is held by warrant of
detention issued under ORS 426.070.
(b) In commitment hearings under ORS
426.095.
(c) When the person is detained as
provided under ORS 426.228, 426.232 or 426.233.
(d) In recommitment hearings under ORS
426.307.
(3) When provided under subsection (2) of
this section, an allegedly mentally ill person has the following rights
relating to representation by or appointment of counsel:
(a) The right to obtain suitable legal
counsel possessing skills and experience commensurate with the nature of the
allegations and complexity of the case during the proceedings.
(b) If the person is determined to be
financially eligible for appointed counsel at state expense, the court will
appoint legal counsel to represent the person. If a person is appointed counsel
at state expense, payment of expenses and compensation relating to legal
counsel shall be made as provided under ORS 426.250.
(c) If the allegedly mentally ill person
does not request legal counsel, the legal guardian, relative or friend may
request the assistance of suitable legal counsel on behalf of the person.
(d) If no request for legal counsel is
made, the court shall appoint suitable legal counsel unless counsel is
expressly, knowingly and intelligently refused by the person.
(e) If the person is being involuntarily
detained before a hearing on the issue of commitment, the right under paragraph
(a) of this subsection to contact an attorney or under paragraph (b) of this
subsection to have an attorney appointed may be exercised as soon as reasonably
possible.
(f) In all cases suitable legal counsel
shall be present at the hearing and may be present at examination and may
examine all witnesses offering testimony, and otherwise represent the person.
(4) The responsibility for representing
the states interest in commitment proceedings, including, but not limited to,
preparation of the states case and appearances at commitment hearings is as
follows:
(a) The Attorney Generals office shall
have the responsibility relating to proceedings initiated by state hospital
staff that are any of the following:
(A) Recommitment proceedings under ORS
426.307; or
(B) Proceedings under ORS 426.228, 426.232
or 426.233.
(b) The district attorney if requested to
do so by the governing body of the county.
(c) In lieu of the district attorney under
paragraph (b) of this subsection, a counsel designated by the governing body of
a county shall take the responsibility. A county governing body may designate
counsel to take responsibility under this paragraph either for single proceedings
or for all such proceedings the county will be obligated to pay for under ORS
426.250. If a county governing body elects to proceed under this paragraph, the
county governing body shall so notify the district attorney. The expenses of an
attorney appointed under this paragraph shall be paid as provided under ORS
426.250. [Amended by 1967 c.458 §1; 1971 c.368 §2; 1973 c.838 §6; 1975 c.690 §6;
1977 c.259 §1; 1979 c.574 §§1,2; 1979 c.867 §10; 1981 s.s. c.3 §133; 1987 c.903
§14; 1993 c.484 §17; 2001 c.962 §57]
426.110
Appointment of examiners; qualifications; costs. The following requirements relating to the
appointment of examiners for purposes of a hearing under ORS 426.095 apply as
described:
(1) The judge shall appoint one qualified
examiner. If requested, the judge shall appoint one additional qualified
examiner. A request for an additional examiner under this subsection must be
made in writing and must be made by the allegedly mentally ill person or the
attorney for the allegedly mentally ill person.
(2) To be qualified for purposes of this
section, an examiner must meet all of the following qualifications:
(a) The person must agree to be an
examiner.
(b) The person must be one of the
following:
(A) A physician licensed by the Oregon
Medical Board who is competent to practice psychiatry as provided by the
Department of Human Services by rule.
(B) Certified as a mental health examiner
qualified to make examinations for involuntary commitment proceedings by the
department. The department has authority to establish, by rule, requirements
for certification as a mental health examiner for purposes of this
subparagraph.
(3) The cost of examiners under this
section shall be paid as provided under ORS 426.250. [Amended by 1973 c.838 §10;
1987 c.158 §77; 1987 c.903 §15]
426.120
Examination report; rules.
(1) Persons appointed under ORS 426.110 to conduct the examination shall do the
following:
(a) Examine the person as to mental
condition;
(b) Initiate the examination process prior
to the hearing. Any failure to comply with this paragraph shall not, in itself,
constitute sufficient grounds to challenge the examination conducted by an
examiner;
(c) Make their separate reports in
writing, under oath, to the court; and
(d) Upon completion of the hearing, file
the reports with the clerk of the court.
(2) The following is a nonexclusive list
of requirements relating to the content of examination reports prepared under
subsection (1) of this section:
(a) If the examining persons find, and
show by their reports, that the person examined is a mentally ill person, the
reports shall include a recommendation as to the type of treatment facility
best calculated to help the person recover from mental illness.
(b) Each report shall also advise the
court whether in the opinion of the examiner the mentally ill person would
cooperate with and benefit from a program of voluntary treatment.
(c) Reports shall contain the information
required by the Department of Human Services by rule. The department shall
adopt rules necessary to carry out this paragraph.
(3) The examiner shall be allowed access
to physicians, nurses or social workers and to medical records compiled during
the current involuntary prehearing period of detention and the investigation
report. Records and communications described in this subsection and
communications related thereto are not privileged under ORS 40.230, 40.235,
40.240 or 40.250. [Amended by 1973 c.838 §11; 1975 c.690 §7; 1987 c.903 §16;
1997 c.649 §3]
426.123
Observation of person in custody; warning; evidence. (1) Whenever specifically required under ORS
426.070, 426.072, 426.180 or 426.234, a person shall be given a warning that
observations of the person by the staff of the facility where the person is in
custody may be used as evidence in subsequent court proceedings to determine
whether the person should be or should continue to be committed as a mentally
ill person.
(2) The warning described under subsection
(1) of this section shall be given both orally and in writing.
(3) Failure to give a warning under this
section does not in itself constitute grounds for the exclusion of evidence
that would otherwise be admissible in a proceeding. [1987 c.903 §11; 1993 c.484
§18]
426.125
Qualifications and requirements for conditional release. The following qualifications, requirements
and other provisions relating to a conditional release under ORS 426.130 apply
as described:
(1) A court may only order conditional
release if all of the following occur:
(a) The conditional release is requested
by the legal guardian, relative or friend of the mentally ill person.
(b) The person requesting the conditional
release requests to be allowed to care for the mentally ill person during the
period of commitment in a place satisfactory to the judge.
(c) The person requesting the release
establishes all of the following to the satisfaction of the court:
(A) Ability to care for the mentally ill
person.
(B) That there are adequate financial
resources available for the care of the mentally ill person.
(2) If the court determines to allow
conditional release, the court shall order that the mentally ill person be
conditionally released and placed in the care of the requester. The court shall
establish any terms and conditions on the conditional release that the court
determines appropriate.
(3) Any conditional release ordered under
this section is subject to the provisions under ORS 426.275. [1987 c.903 §18]
426.127
Outpatient commitment. The
following provisions are applicable to outpatient commitment under ORS 426.130
as described:
(1) The Department of Human Services may
only place a person in an outpatient commitment if an adequate treatment
facility is available.
(2) Conditions for the outpatient
commitment shall be set at the time of the hearing under ORS 426.095 by the
community mental health and developmental disabilities program director, or a
designee for the director, for the county in which the hearing takes place. The
conditions shall include, but not be limited to, the following:
(a) Provision for outpatient care.
(b) A designation of a facility, service
or other provider to provide care or treatment.
(3) A copy of the conditions shall be
given to all of the persons described in ORS 426.278.
(4) Any outpatient commitment ordered
under this section is subject to the provisions under ORS 426.275.
(5) The community mental health and
developmental disabilities program director or designee, for the county where a
person is on outpatient commitment, may modify the conditions for outpatient
commitment when a modification is in the best interest of the person. The
community mental health and developmental disabilities program director or
designee shall send notification of such changes and the reasons for the
changes to all those who received a copy of the original conditions under ORS
426.278. [1987 c.903 §19; 1989 c.171 §52; 2003 c.14 §236]
426.130
Court determination of mental illness; discharge; release for voluntary
treatment; conditional release; commitment; prohibition relating to firearms;
period of commitment. (1)
After hearing all of the evidence, and reviewing the findings of the examining
persons, the court shall determine whether the person is mentally ill. If, in
the opinion of the court, the person is:
(a) Not mentally ill, the person shall be
discharged forthwith.
(b) Mentally ill based upon clear and
convincing evidence, the court:
(A) Shall order the release of the
individual and dismiss the case if:
(i) The mentally ill person is willing and
able to participate in treatment on a voluntary basis; and
(ii) The court finds that the person will
probably do so.
(B) May order conditional release under
this subparagraph subject to the qualifications and requirements under ORS
426.125. If the court orders conditional release under this subparagraph, the
court shall establish a period of commitment for the conditional release.
(C) May order commitment of the individual
to the Department of Human Services for treatment if, in the opinion of the
court, subparagraph (A) or (B) of this paragraph is not in the best interest of
the mentally ill person. If the court orders commitment under this
subparagraph:
(i) The court shall establish a period of
commitment.
(ii) The department may place the
committed person in outpatient commitment under ORS 426.127.
(D) Shall order that the person be
prohibited from purchasing or possessing a firearm if, in the opinion of the
court, there is a reasonable likelihood the person would constitute a danger to
self or others or to the community at large as a result of the persons mental
or psychological state as demonstrated by past behavior or participation in
incidents involving unlawful violence or threats of unlawful violence, or by
reason of a single incident of extreme, violent, unlawful conduct. When a court
makes an order under this subparagraph, the court shall cause a copy of the
order to be delivered to the sheriff of the county who will enter the
information into the Law Enforcement Data System.
(2) A court that orders a conditional
release or a commitment under this section shall establish a period of
commitment for the person subject to the order. Any period of commitment
ordered for commitment or conditional release under this section shall be for a
period of time not to exceed 180 days.
(3) If the commitment proceeding was
initiated under ORS 426.070 (1)(a) and if the notice included a request under
ORS 426.070 (2)(d)(B), the court shall notify the two persons of the courts
determination under subsection (1) of this section. [Amended by 1973 c.838 §12;
1975 c.690 §8; 1979 c.408 §3; 1987 c.903 §17; 1989 c.839 §36; 1993 c.735 §9;
1995 c.498 §2]
426.135
Counsel on appeal; costs of appeal. If a person determined to be mentally ill as provided in ORS 426.130
appeals the determination or disposition based thereon, and is determined to be
financially eligible for appointed counsel at state expense, upon request of
the person or upon its own motion, the court shall appoint suitable legal
counsel to represent the person. The compensation for legal counsel and costs
and expenses necessary to the appeal shall be determined and paid by the public
defense services executive director as provided in ORS 135.055 if the circuit
court is the appellate court or as provided in ORS 138.500 if the Court of
Appeals or Supreme Court is the appellate court. The compensation, costs and
expenses shall be paid as provided in ORS 138.500. [1979 c.867 §12; 1981 s.s.
c.3 §134; 1985 c.502 §25; 2001 c.962 §58]
426.140
Place of confinement; attendant. (1) No person, not incarcerated upon a criminal charge, who has been
adjudged a mentally ill person or one against whom commitment proceedings have
been instituted shall be confined in any prison, jail or other enclosure where
those charged with a crime or a violation of a municipal ordinance are
incarcerated, unless the person represents an immediate and serious danger to
staff or physical facilities of a hospital or other facility approved by the
Department of Human Services for the care, custody and treatment of the person.
(2) No allegedly mentally ill person who
has been taken into custody shall be confined, either before or after the
commitment hearing, without an attendant in direct charge of the person; and,
if not confined in a community hospital, the sheriff or community mental health
and developmental disabilities program director having the person in custody
shall select some suitable person to act as attendant in quarters suitable for
the comfortable, safe and humane confinement of the person and approved by the
department. [Amended by 1973 c.838 §23; 1975 c.690 §9; 1977 c.764 §1]
426.150
Transportation to treatment facility. (1) Upon receipt of the order of commitment, the Department of Human
Services or its designee shall take the mentally ill person into its custody,
and insure the safekeeping and proper care of the person until delivery is made
to an assigned treatment facility or its representative. The representative of
the treating facility to which the person has been assigned, accompanied by any
assistants the department or its designee may deem necessary, shall proceed to
the place where the person is to be delivered into custody, and upon demand
shall be given custody of the mentally ill person, together with the certified
record required by ORS 426.170. The representative shall issue appropriate
receipts therefor and immediately proceed to transport the committed mentally
ill person safely to the facility to which the person has been assigned by the
department and there make delivery of the person and the record to the director
or a designated employee of the facility. In taking custody of the person, the
department, its designee, or the representative of the facility has all the
powers provided by ORS 133.225 and 161.255 and may require the assistance of any
peace officer or other person.
(2) The committing judge, upon approval of
the examining physicians or other qualified persons as recommended by the
department and upon request of a guardian, friend or relative of the mentally
ill person, may authorize the guardian, friend or relative to transport the
person to the designated facility when the committing judge determines that
means of transportation would not be detrimental to the welfare of the mentally
ill person or to the public. [Amended by 1963 c.325 §1; 1973 c.838 §24; 1975
c.690 §10]
426.155
Release of information about person held in custody pending commitment
proceeding or while committed or recommitted. (1) The provisions of this section apply to the release of information
about a person who is held in custody either pending a commitment proceeding
under ORS 426.070, 426.140, 426.228, 426.232, 426.233 or 426.237 (1)(b) or
while committed or recommitted under ORS 426.005 to 426.390.
(2) Notwithstanding the provisions of ORS
179.495, 179.505 or 192.502 (2) and notwithstanding any other provision of ORS
426.005 to 426.390, a facility or nonhospital facility where a person is held
shall establish procedures for releasing information as required under
subsections (3) and (4) of this section.
(3)(a) If a person described in subsection
(1) of this section authorizes disclosure as provided in subsection (5) of this
section, upon request of a member of the family of the person, or any other
person designated by the person, a facility or nonhospital facility where the
person is held shall provide the family member or the designee with the
following information:
(A) The persons diagnosis;
(B) The persons prognosis;
(C) The medications prescribed for the
person and the side effects of medications prescribed, if any;
(D) The persons progress;
(E) Information about any civil commitment
process, including the date, time and location of the persons commitment
hearing; and
(F) Where and when the person may be
visited.
(b) If a request for information is made
under this subsection and the person described in subsection (1) of this
section is unable to authorize disclosure as provided in subsection (5) of this
section, the person requesting information shall be provided notice of the
presence of the person described in subsection (1) of this section in any
facility or nonhospital facility. Information shall not be provided under this
paragraph if the physician of the person described in subsection (1) of this
section determines that it would not be in the persons best interest to
provide the information or if providing the information is prohibited by
federal law.
(4) Upon the admission of any person to a
facility or nonhospital facility under ORS 426.005 to 426.390, the facility or
nonhospital facility shall make reasonable attempts to notify the persons next
of kin, or any other person designated by the person, of the persons
admission, unless the person requests that this information not be provided.
The facility or nonhospital facility shall make reasonable attempts to notify
the persons next of kin, or any other person designated by the person, of the
persons release, transfer, serious illness, injury or death upon request of
the family member or designee, unless the person requests that this information
not be provided. The person shall be advised by the facility or nonhospital
facility that the person has the right to request that this information not be
provided.
(5) The person who is held in custody
shall be notified by the facility or nonhospital facility that information
about the person has been requested. Except as provided in subsection (3) of
this section, the consent of the person who is held is required for release of
information under subsections (3) and (4) of this section. If, when initially
informed of the request for information, the person is unable to give voluntary
and informed consent to authorize the release of information, notation of the
attempt shall be made in the persons treatment record and daily efforts shall
be made to secure the persons consent or refusal of authorization.
(6) Notwithstanding any other provision of
this section, an individual eligible to receive information under subsection
(3) of this section may not receive information unless the individual first
agrees to make no further disclosure of the information. The agreement may be
made orally.
(7) A facility or nonhospital facility
that releases information under subsection (3) or (4) of this section shall:
(a) Notify the person who is held to whom,
when and what information was released; and
(b) Note in the medical record of the
person who is held:
(A) The basis for finding that the person
gave voluntary and informed consent;
(B) The oral or written consent of the
person who is held;
(C) To whom, when and what information was
released;
(D) The agreement to the requirements of
subsection (6) of this section by the person who requested information; and
(E) Any determination made by the persons
physician under subsection (3)(b) of this section regarding the provision of
notice of the presence of the person in any facility or nonhospital facility.
(8) A facility or nonhospital facility,
including the staff of such facilities and nonhospital facilities, that
releases information under this section or rules adopted under ORS 426.236 may
not be held civilly or criminally liable for damages caused or alleged to be
caused by the release of information or the failure to release information as
long as the release was done in good faith and in compliance with subsections
(3) and (4) of this section or rules adopted under ORS 426.236.
(9) The provisions of subsections (3) and
(4) of this section do not limit the ability or obligation of facilities,
nonhospital facilities, physicians, mental health care providers or licensed
mental health professionals to provide information as otherwise allowed or
required by law. [2001 c.481 §2]
Note: 426.155 was added to and made a part of
426.005 to 426.390 by legislative action but was not added to any other series
therein. See Preface to Oregon Revised Statutes for further explanation.
426.160
Record of proceedings. The
judge shall cause to be recorded in the court records a full account of
proceedings had at all hearings and examinations conducted pursuant to ORS
426.005, 426.060 to 426.170, 426.217, 426.228, 426.255 to 426.292, 426.300 to
426.309, 426.335, 426.385 and 426.395, together with the judgments and orders
of the court and a copy of the orders issued. The account of the proceedings
and transcripts of testimony if taken thereat shall be delivered to the court
clerk or court administrator who shall cause it to be sealed and neither the
account of the proceedings nor the transcript of testimony if taken shall be
disclosed to any person except:
(1) As provided in ORS 426.070 (5)(c),
426.130 (3) or 426.170;
(2) Upon request of the person subject to
the proceedings, the legal representatives, or the attorney of the person; or
(3) Pursuant to court order. [Amended by
1965 c.420 §1; 1969 c.148 §1; 1973 c.838 §21; 1993 c.223 §11; 1993 c.484 §19;
1995 c.498 §3]
426.170
Delivery of certified copy of record. If any person is adjudged mentally ill and ordered committed to the
Department of Human Services, a copy of the complete record in the case,
certified to by the court clerk or court administrator, shall be given to the
health officer of the county, or to the sheriff, for delivery to the director
of the facility to which such mentally ill person is assigned. The record shall
include the name, residence, nativity, sex and age of such mentally ill person
and all other information that may be required by the rules and regulations
promulgated by the department. [Amended by 1973 c.838 §25; 1993 c.223 §12]
426.175 [1969 c.371 §1; 1975 c.690 §11; 1977 c.764 §2;
1987 c.903 §20; 1991 c.901 §1; repealed by 1993 c.484 §27]
(Emergency
and Voluntary Admissions)
426.180
Emergency commitment of certain Native Americans. (1) This section applies to commitments of a
person from a reservation for land-based tribes of Native Americans when, under
federal law, the state does not have jurisdiction of commitments on the
reservation.
(2) When this section is applicable as
provided under subsection (1) of this section, a person alleged to be mentally
ill by affidavit of two other persons may be admitted to a state hospital for
persons with mental illness for emergency treatment, care and custody, provided
such affidavit includes or is accompanied by all of the following:
(a) The circumstances constituting the
emergency.
(b) Written application for admission to
the hospital, executed in duplicate.
(c) A certificate to the effect that the
person is so mentally ill as to be in need of immediate hospitalization.
(d) A medical history, including the name,
condition, sex and age of the person.
(e) The name and address of the nearest
relative or legal guardian, if any, of the person.
(3) The certificates, applications and
medical histories shall be made upon forms prescribed by the Department of
Human Services and shall be executed by the county health officer or by two
physicians licensed by the Oregon Medical Board, none of whom shall be related
to the person by blood or marriage.
(4) When a person is admitted to a state
hospital under this section, any physician treating the person shall give the
person the warning under ORS 426.123.
(5) This section may be applied as
provided by agreement with the ruling body of the reservation. Payment of costs
for a commitment made under this section shall be as provided under ORS
426.250. [Amended by 1953 c.442 §2; 1975 c.690 §12; 1987 c.903 §21; 2007 c.70 §204]
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]
426.200
Duties following emergency admission; application for voluntary admission;
court commitment. Within 48
hours after admission under ORS 426.190, an examination as to the mental
condition of any person so admitted shall be commenced and shall be conducted
as expeditiously as possible by two staff physicians of the state hospital
where the person has been received. If, after completion of the examination,
the physicians certify that the person is so mentally ill as to be in need of
treatment, care or custody, the superintendent shall, if the superintendent
determines that further hospitalization is necessary, within 48 hours
thereafter, either obtain from the mentally ill person a signed application for
voluntary admission under the provisions of ORS 426.220 or file a complaint
with the court having jurisdiction under ORS 426.060 in the county where the
hospital is located, requesting a court commitment as provided by law. If the
examining physicians certify that the person is not so mentally ill as to be in
need of treatment, care or custody, the superintendent of the state hospital
shall immediately discharge the person. Costs shall be paid as provided under
ORS 426.250. [Amended by 1963 c.325 §2; 1975 c.690 §13; 1987 c.903 §22]
426.210
Limit of detention after commitment in emergency proceedings. In no event shall any person admitted to a
state hospital pursuant to the emergency proceedings provided by ORS 426.180 to
426.200 be detained therein by virtue of such proceedings for more than five
judicial days following admission. The court, for good cause, may allow a
postponement and detention during the postponement as provided under ORS
426.095. [Amended by 1987 c.903 §23]
426.215 [1965 c.628 §1; 1973 c.838 §32; 1975 c.690 §14;
1977 c.764 §3; 1979 c.408 §4; 1985 c.743 §§1,2,3; 1987 c.368 §1; 1987 c.903 §§24,25;
repealed by 1993 c.484 §27]
426.217
Change of status of committed patient to voluntary patient; effect of change. At any time after commitment by the court,
the person, with the approval of the Department of Human Services or its
designee, may change the status of the person to that of a voluntary
patient. Notwithstanding ORS 426.220, any person who alters status to that
of a voluntary patient under this section shall be released from the treating
facility within 72 hours of the request of the person for release. [1973 c.838 §14;
1975 c.690 §15]
426.220
Voluntary admission; leave of absence; notice to parent or guardian. (1) Pursuant to rules and regulations
promulgated by the Department of Human Services, the superintendent of any
state hospital for the treatment and care of persons with mental illness may
admit and hospitalize therein as a patient, any person who may have a nervous
disorder or a mental illness, and who voluntarily has made written application
for such admission. No person under the age of 18 years shall be admitted as a
patient to any such state hospital unless an application therefor in behalf of
the person has been executed by the parent, adult next of kin or legal guardian
of the person. Except when a period of longer hospitalization has been imposed
as a condition of admission, pursuant to rules and regulations of the
department, no person voluntarily admitted to any state hospital shall be detained
therein more than 72 hours after the person, if at least 18 years of age, has
given notice in writing of a desire to be discharged therefrom, or, if the
patient is under the age of 18 years, after notice in writing has been given by
the parent, adult next of kin or legal guardian of the person that such parent,
adult next of kin or legal guardian desires that such person be discharged
therefrom.
(2) Any person voluntarily admitted to a
state hospital pursuant to this section may upon application and notice to the
superintendent of the hospital concerned, be granted a temporary leave of
absence from the hospital if such leave, in the opinion of the superintendent,
will not interfere with the successful treatment or examination of the
applicant for leave.
(3) Upon admission or discharge of a minor
to or from a state hospital the superintendent shall immediately notify the
parent or guardian. [Amended by 1953 c.127 §2; 1963 c.325 §3; 1967 c.371 §1;
1969 c.273 §1; 2007 c.70 §205]
426.222 [1953 c.597 §1; 1961 c.385 §1; 1969 c.391 §3;
1969 c.638 §4; repealed by 1975 c.690 §28]
426.223
Retaking persons in custody of or committed to department; assistance of peace
officers and others. In
retaking custody of a mentally ill person who has been committed to the
Department of Human Services under ORS 426.130 and who has, without lawful
authority, left the custody of the facility to which the person has been
assigned under ORS 426.060, or in the case of an allegedly mentally ill person
who is in custody under ORS 426.070, 426.095, 426.228 to 426.235 or 426.237 at
a hospital or nonhospital facility and who has, without lawful authority, left
the hospital or nonhospital facility, the facility director or designee has all
the powers provided by ORS 133.225 and 161.255 and may require the assistance
of any peace officer or other person. [1975 c.690 §25; 1993 c.484 §20]
426.224 [1953 c.597 §2; 1961 c.385 §2; 1969 c.391 §4;
1969 c.638 §5; repealed by 1975 c.690 §28]
426.225
Voluntary admission to state hospital of committed person; examination by
physician. (1) If any person
who has been committed to the Department of Human Services under ORS 426.127 or
426.130 (1)(b)(B) or (C) requests, during this period of commitment, voluntary
admission to a state hospital, the superintendent shall cause the person to be
examined immediately by a physician. If the physician finds the person to be in
need of immediate care or treatment for mental illness, the person shall be
voluntarily admitted upon request of the person.
(2) If any person who has been committed
to the department under ORS 426.127 or 426.130 (1)(b)(B) or (C) requests,
during this period of commitment, voluntary admission to a facility approved by
the department, the administrator of the facility shall cause the person to be
examined immediately by a physician. If the physician finds the person to be in
need of immediate care or treatment for mental illness, and the department
grants approval, the person shall be voluntarily admitted upon request of the
person. [1989 c.993 §2]
426.226 [1953 c.597 §3; 1969 c.391 §5; 1969 c.638 §6;
repealed by 1975 c.690 §28]
(Emergency
Care and Treatment)
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 Oregon
Medical Board stating that the travel will not be detrimental to the persons
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 Oregon Medical Board 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.
(8) 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 persons right to communicate with an official from the consulate of the
persons 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 Oregon
Medical Board 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 Oregon Medical Board 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.
426.234
Duties of professionals at facility where person admitted; notification; duties
of court. (1) At the time a
person is admitted to or retained in a hospital or nonhospital facility under
ORS 426.232 or 426.233, a physician, nurse or qualified mental health
professional at the hospital or nonhospital facility shall:
(a) Inform the person of the persons
right to representation by or appointment of counsel as described in ORS
426.100;
(b) Give the person the warning under ORS
426.123;
(c) Immediately examine the allegedly
mentally ill person;
(d) Set forth, in writing, the condition
of the person and the need for emergency care or treatment; and
(e) If the physician, nurse or qualified
mental health professional reasonably suspects that the person is a foreign
national, inform the person of the persons right to communicate with an
official from the consulate of the persons country. A physician, nurse or
qualified mental health professional is not civilly or criminally liable for
failure to provide the information required by this paragraph. Failure to
provide the information required by this paragraph does not in itself
constitute grounds for the exclusion of evidence that would otherwise be
admissible in a proceeding.
(2)(a) At the time the person is admitted
to or retained in a hospital under ORS 426.232, the physician shall contact the
community mental health and developmental disabilities program director of the
county in which the person resides, if the county of residence is different
from the county in which the hospital is located. The community mental health
and developmental disabilities program director may request that the physician
notify the circuit court in the county in which the person resides. If the
community mental health and developmental disabilities program director does
not make the request authorized by this paragraph, the physician shall notify,
immediately and in writing, the circuit court in the county in which the person
is hospitalized.
(b) At the time the person is admitted to
a hospital under ORS 426.232 after being brought to the hospital by a peace
officer under ORS 426.228, the physician shall contact the community mental
health and developmental disabilities program director of the county in which
the person is hospitalized. The community mental health and developmental
disabilities program director of the county in which the person is hospitalized
may request that the physician notify the circuit court in the county in which
the person is hospitalized. If the community mental health and developmental
disabilities program director does not make the request authorized by this
paragraph, the physician shall notify, immediately and in writing, the circuit
court in the county in which the person was taken into custody.
(c) If, at any time prior to the hearing
under ORS 426.070 to 426.130, the physician responsible for a person admitted
or retained under ORS 426.232 determines that the person is not dangerous to
self or others and is not in need of emergency care or treatment for mental
illness, the physician may release the person from the detention authorized by
ORS 426.232. The physician shall immediately notify the circuit court notified
under this subsection and the community mental health and developmental
disabilities program director of the persons release from detention.
(3)(a) At the time the person is admitted
to or retained in a nonhospital facility under ORS 426.233, the community
mental health and developmental disabilities program director in the county
where the person was taken into custody shall contact the community mental
health and developmental disabilities program director of the county in which
the person resides, if the county of residence is different from the county in
which the person was taken into custody. The community mental health and
developmental disabilities program director of the county in which the person
resides may request that the community mental health and developmental
disabilities program director of the county in which the person was taken into
custody notify the circuit court in the county where the person resides.
Otherwise, the community mental health and developmental disabilities program
director of the county in which the person was taken into custody shall notify,
immediately and in writing, the circuit court in the county in which the person
was taken into custody.
(b) If, at any time prior to the hearing
under ORS 426.070 to 426.130, a community mental health and developmental
disabilities program director, after consultation with a physician, determines
that a person admitted or retained under ORS 426.233 is not dangerous to self
or others and is not in need of immediate care, custody or treatment for mental
illness, the community mental health and developmental disabilities program
director may release the person from detention. The community mental health and
developmental disabilities program director shall immediately notify the
circuit court originally notified under paragraph (a) of this subsection of the
persons release from detention.
(4) When the judge of the circuit court
receives notice under subsection (2) or (3) of this section, the judge
immediately shall commence proceedings under ORS 426.070 to 426.130. In a
county having a population of 100,000 or more, and when feasible in a county
with a lesser population, the community mental health and developmental
disabilities program director or designee who directs the peace officer or
other authorized person to take a person into custody under ORS 426.233 shall
not also conduct the investigation as provided for under ORS 426.074. Except
when a person is being held under ORS 426.237 (1)(b), a person shall not be
held under ORS 426.232 or 426.233 for more than five judicial days without a
hearing being held under ORS 426.070 to 426.130.
(5) When the judge of the circuit court
receives notice under subsection (2)(c) or (3)(b) of this section that a person
has been released, and unless the court receives the recommendation required by
ORS 426.070 (4), the judge shall dismiss the case no later than 14 days after
the date the person was initially detained. [1993 c.484 §6; 1995 c.201 §1; 1997
c.531 §6; 2001 c.481 §3; 2003 c.109 §4]
Note: See note under 426.228.
426.235
Transfer between hospital and nonhospital facilities. (1) The community mental health and developmental
disabilities program director may transfer a person in custody under ORS
426.232, 426.233 or 426.237 (1)(b) to a hospital or nonhospital facility
approved by the Department of Human Services at any time during the period of
detention.
(2) A person in custody at a hospital may
be transferred from the hospital only with the consent of the treating
physician and when the director of a nonhospital facility approved by the
department agrees to admit the person.
(3) A person in custody at a nonhospital
facility approved by the department may be transferred to a hospital approved
by the department only when a physician 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 and developmental disabilities 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 person.
(5) When a person is transferred under this
section, the community mental health and developmental disabilities 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]
Note: See note under 426.228.
426.236
Rules. The Department of
Human Services shall adopt rules necessary to carry out the provisions of ORS
426.155 and 426.228 to 426.238. [1993 c.484 §8; 2001 c.481 §4]
Note: See note under 426.228.
426.237
Prehearing detention; duties of community mental health and developmental
disabilities program director; certification for treatment; court proceedings. (1) During a prehearing period of detention
as provided in ORS 426.070, 426.140, 426.232 or 426.233, the community mental
health and developmental disabilities program director shall do one of the
following:
(a) Recommend, in an investigation report
as provided in ORS 426.074, that the circuit court not proceed further in the
matter if the community mental health and developmental disabilities program
director does not believe the person is a mentally ill person.
(b) No later than three judicial days
after initiation of a prehearing period of detention as provided in ORS
426.070, 426.140, 426.232 or 426.233, certify the detained person for a 14-day
period of intensive treatment if:
(A) The community mental health and
developmental disabilities program director and a psychiatrist, as defined by
rule by the Department of Human Services, have probable cause to believe the
person is a mentally ill person;
(B) The community mental health and
developmental disabilities program director in the county where the person
resides verbally approves the arrangements for payment for the services at the
hospital or nonhospital facility; and
(C) The community mental health and
developmental disabilities program director locates a hospital or nonhospital
facility that:
(i) Is approved by the department and the
community mental health and developmental disabilities program director in the
county where the person resides; and
(ii) Can, in the opinion of the community
mental health and developmental disabilities program director and the
psychiatrist, provide intensive care or treatment for mental illness necessary
and sufficient to meet the emergency psychiatric needs of the person.
(c) Recommend, in an investigation report
as provided in ORS 426.074, that the circuit court hold a hearing under ORS
426.070 to 426.130 if the community mental health and developmental
disabilities program director has probable cause to believe the person is a
mentally ill person.
(2)(a) If the circuit court adopts the
recommendation of the community mental health and developmental disabilities
program director under subsection (1)(a) of this section, the circuit court
shall enter an order releasing the person and dismissing the case. Unless the
person agrees to voluntary treatment, if the person is being detained in a:
(A) Nonhospital facility, the community
mental health and developmental disabilities program director shall make
discharge plans and insure the discharge of the person.
(B) Hospital, the treating physician shall
make discharge plans and discharge the person.
(b) Upon release of the person, the
community mental health and developmental disabilities program director shall
attempt to notify the persons next of kin if the person consents to the
notification.
(3)(a) If the detained person is certified
for treatment under subsection (1)(b) of this section, the community mental
health and developmental disabilities program director shall:
(A) Deliver immediately a certificate to
the court having jurisdiction under ORS 426.060; and
(B) Orally inform the person of the
certification and deliver a copy of the certificate to the person.
(b) The certificate required by paragraph
(a) of this subsection shall include:
(A) A written statement under oath by the
community mental health and developmental disabilities program director and the
psychiatrist that they have probable cause to believe the person is a mentally
ill person in need of care or treatment for mental illness;
(B) A treatment plan that describes, in
general terms, the types of treatment and medication to be provided to the
person during the 14-day period of intensive treatment;
(C) A notice of the persons right to an
attorney and that an attorney will be appointed by the court or as otherwise
obtained under ORS 426.100 (3);
(D) A notice that the person has a right
to request and be provided a hearing under ORS 426.070 to 426.130 at any time
during the 14-day period; and
(E) The date and time the copy of the
certificate was delivered to the person.
(c) Immediately upon receipt of a
certificate under paragraph (a) of this subsection, the court shall notify the
persons attorney or appoint an attorney for the person if the person cannot
afford one. Within 24 hours of the time the certificate is delivered to the
court, the persons attorney shall review the certificate with the person. If
the person and the persons attorney consent to the certification within one
judicial day of the time the certificate is delivered to the circuit court and,
except as provided in subsection (4) of this section, the court shall postpone
the hearing required by ORS 426.070 to 426.130 for 14 days.
(d) When a person is certified for
treatment under subsection (1)(b) of this section and accepts the
certification:
(A) Except as otherwise provided in this
paragraph, all methods of treatment, including the prescription and
administration of drugs, shall be the sole responsibility of the treating
physician. However, the person shall not be subject to electroshock therapy or
unduly hazardous treatment and shall receive usual and customary treatment in
accordance with medical standards in the community.
(B) Except when the person expressly
refuses treatment, the treating physician shall treat the person within the
scope of the treatment plan provided the person under paragraph (b) of this
subsection. The persons refusal of treatment constitutes sufficient grounds
for the community mental health and developmental disabilities program director
to request a hearing as provided in subsection (4)(a) of this section.
(C) If the person is in a hospital and the
community mental health and developmental disabilities program director locates
a nonhospital facility, approved by the department, that, in the opinion of the
community mental health and developmental disabilities program director and the
treating physician, can provide care or treatment for mental illness necessary
and sufficient to meet the emergency psychiatric needs of the person, the
treating physician shall discharge the person from the hospital and the
community mental health and developmental disabilities program director shall
remove the person to the nonhospital facility for the remainder of the 14-day
intensive treatment period. If, however, in the opinion of the treating
physician, the persons condition requires the person to receive medical care
or treatment, the physician shall retain the person in the hospital.
(D) If the person is in a nonhospital
facility, the community mental health and developmental disabilities program
director shall transfer the person to a hospital approved by the department
under the following conditions:
(i) If, in the opinion of a physician, the
persons condition requires the person to receive medical care or treatment in
a hospital; and
(ii) The physician agrees to admit the
person to a hospital, approved by the department, where the physician has
admitting privileges.
(E) If the person is transferred as
provided in subparagraph (C) or (D) of this paragraph, the community mental
health and developmental disabilities program director shall notify the circuit
court, in the county where the certificate was filed, of the location of the person.
The person may appeal the transfer as provided by rules of the department.
(e) If the person is in a hospital, the
treating physician may discharge the person at any time during the 14-day
period. The treating physician shall confer with the community mental health
and developmental disabilities program director and the persons next of kin,
if the person consents to the consultation, prior to discharging the person.
Immediately upon discharge of the person, the treating physician shall notify
the court in the county in which the certificate was filed initially.
(f) If the person is in a nonhospital
facility, the community mental health and developmental disabilities program
director may discharge the person at any time during the 14-day period. The community
mental health and developmental disabilities program director shall consult
with the treating physician and the persons next of kin, if the person
consents to the consultation, prior to discharging the person. Immediately upon
discharge of the person, the community mental health and developmental
disabilities program director shall notify the court in the county in which the
certificate was filed initially.
(g) The person may agree to voluntary
treatment at any time during the 14-day period. When a person agrees to
voluntary treatment under this paragraph, the community mental health and
developmental disabilities program director immediately shall notify the court
in the county in which the certificate was filed initially.
(h) A person consenting to 14 days of
treatment under subsection (3)(c) of this section shall not be held longer than
14 days from the time of consenting without a hearing as provided in ORS
426.070 to 426.130.
(i) When the court receives notification
under paragraph (e), (f) or (g) of this subsection, the court shall dismiss the
case.
(4) The judge of the circuit court shall
immediately commence proceedings under ORS 426.070 to 426.130 when:
(a) The person consenting to 14 days of
treatment or the community mental health and developmental disabilities program
director requests a hearing. The hearing shall be held without unreasonable
delay. In no case shall the person be held in a hospital or nonhospital
facility longer than five judicial days after the request for a hearing is made
without a hearing being held under ORS 426.070 to 426.130.
(b) The community mental health and
developmental disabilities program director acts under subsection (1)(c) of
this section. In no case shall the person be held longer than five judicial days
without a hearing under this subsection. [1993 c.484 §9; 2003 c.14 §237]
Note: See note under 426.228.
426.238
Classifying facilities. The
Department of Human Services may assign classifications, as defined by rule of
the department, to facilities that provide care and treatment for persons
committed to the department under ORS 426.130 or provide emergency care or
treatment for persons pursuant to ORS 426.070, 426.228 to 426.235 or 426.237.
The department may authorize a facility to retake custody of a person who
unlawfully leaves a facility as provided in ORS 426.223. [1993 c.484 §10]
Note: See note under 426.228.
426.240 [Amended by 1959 c.652 §22; 1975 c.690 §16;
repealed by 1977 c.764 §4 (426.241 enacted in lieu of 426.240)]
(Costs)
426.241
Payment of care, custody and treatment costs; denial of payment; rules. (1) The cost of emergency psychiatric care,
custody and treatment related to or resulting from such psychiatric condition,
provided by a hospital or other facility approved by the Department of Human
Services and the community mental health and developmental disabilities program
director of the county in which the facility is located, except a state mental
hospital, for an allegedly mentally ill person admitted or detained under ORS 426.070,
426.140, 426.228, 426.232 or 426.233, or for a mentally ill person admitted or
detained under ORS 426.150, 426.223, 426.273, 426.275 or 426.292, shall be paid
by the county of which the person is a resident from state funds provided it
for this purpose. The county is responsible for the cost when state funds
available therefor are exhausted. The hospital or other facility shall charge
to and collect from the person, third party payers or other persons or agencies
otherwise legally responsible therefor, the costs of the emergency care,
custody and treatment, as it would for any other patient, and any funds
received shall be applied as an offset to the cost of the services provided
under this section.
(2) If any person is admitted to or
detained in a state mental hospital under ORS 426.070, 426.140, 426.180 to
426.210, 426.228, 426.232 or 426.233 for emergency care, custody or treatment,
the department shall charge to and collect from the person, third party payers
or other persons or agencies otherwise legally responsible therefor, the costs
as it would for other patients of the state mental hospitals under the
provisions of ORS 179.610 to 179.770.
(3) If any person is adjudged mentally ill
under the provisions of ORS 426.130, and the person receives care and treatment
in a state mental hospital, the person, third party payers or other persons or
agencies otherwise legally responsible therefor, shall be required to pay for
the costs of the hospitalization at the state hospital, as provided by ORS 179.610
to 179.770, if financially able to do so.
(4) For purposes of this section and ORS
426.310 resident means resident of the county in which the person maintains a
current mailing address or, if the person does not maintain a current mailing
address within the state, the county in which the person is found, or the
county in which a court-committed mentally ill person has been conditionally
released.
(5)(a) The department may deny payment for
part or all of the emergency psychiatric services provided by a hospital or
nonhospital facility under ORS 426.232, 426.233 or 426.237 when the department
finds, upon review, that the allegedly mentally ill persons condition did not
meet the admission criteria in ORS 426.232 (1), 426.233 (1) or 426.237
(1)(b)(A). The payer responsible under this section shall make a request for
denial of payment for emergency psychiatric services provided under ORS
426.232, 426.233 or 426.237 in writing to the department.
(b) The department may require the
following to provide the department with any information the department
determines necessary to review a request for denial of payment made under this
subsection and to make a finding, or to conduct review of emergency psychiatric
services for the purpose of planning or defining standards in department rule:
(A) A hospital or nonhospital facility
approved under ORS 426.228 to 426.235 or 426.237.
(B) A physician or a person providing
emergency psychiatric services under ORS 426.228 to 426.235 or 426.237.
(c) The department shall adopt rules
necessary to carry out the purposes of this subsection. [1977 c.764 §5 (enacted
in lieu of 426.240); 1979 c.392 §1; 1981 c.750 §16; 1987 c.527 §1; 1993 c.484 §21]
426.250
Payment of costs related to commitment proceedings. The following is a nonexclusive list of
responsibilities for payment of various costs related to commitment proceedings
under this chapter and ORS 430.397 to 430.401 as described:
(1) Any physician or qualified person
recommended by the Department of Human Services who is employed under ORS
426.110 to make an examination as to the mental condition of a person alleged
to be mentally ill shall be allowed a fee as the court in its discretion
determines reasonable for the examination.
(2) Witnesses subpoenaed to give testimony
shall receive the same fees as are paid in criminal cases, and are subject to
compulsory attendance in the same manner as provided in ORS 136.567 to 136.603.
The attendance of out-of-state witnesses may be secured in the same manner as
provided in ORS 136.623 to 136.637. The party who subpoenas the witness or
requests the court to subpoena the witness is responsible for payment of the
cost of the subpoena and payment for the attendance of the witness at a
hearing. When the witness has been subpoenaed on behalf of an allegedly
mentally ill person who is represented by appointed counsel, the fees and costs
allowed for that witness shall be paid pursuant to ORS 135.055. If the costs of
witnesses subpoenaed by the allegedly mentally ill person are paid as provided
under this subsection, the procedure for subpoenaing witnesses shall comply
with ORS 136.570.
(3) If a person with a right to a counsel
under ORS 426.100 is determined to be financially eligible for appointed
counsel at state expense, the public defense services executive director shall
determine and pay, as provided in ORS 135.055, the reasonable expenses related
to the representation of the person and compensation for legal counsel. The
expenses and compensation so allowed shall be paid by the public defense
services executive director from funds available for the purpose.
(4) The department shall pay the costs of
expenses incurred under ORS 426.100 by the Attorney Generals office. Any costs
for district attorneys or other counsel appointed to assume responsibility for
presenting the states case shall be paid by the county where the commitment
hearing is held, subject to reimbursement under ORS 426.310.
(5) All costs incurred in connection with
a proceeding under ORS 426.200, including the costs of transportation,
commitment and delivery of the person, shall be paid by the county of which the
person is a resident; or, if the person is not a resident of this state, then
by the county from which the emergency admission was made.
(6) All costs incurred in connection with
a proceeding under ORS 426.180 for the commitment of a person from a
reservation for land-based tribes of Native Americans, including the cost of
transportation, commitment and delivery of the person, shall be paid by the
ruling body of the reservation of which the person is a resident. [Amended by
1965 c.420 §2; 1975 c.690 §17; 1977 c.764 §6; 1987 c.606 §9; 1987 c.903 §§26,26a;
2001 c.962 §59]
426.255
County to pay costs. Costs
of hearings conducted pursuant to ORS 426.307, and the fees for physicians and
other qualified persons shall be charged to the county of the persons
residence in the same manner provided by ORS 426.310, whether the hearing is
held in the county of residence or county of the treating facility. [1973 c.838
§19; 1987 c.803 §23; 1987 c.903 §27]
426.260 [Amended by 1955 c.651 §8; repealed by 1957
c.160 §6]
426.270 [Amended by 1955 c.651 §9; repealed by 1957
c.160 §6]
(Trial
Visits; Conditional Release; Outpatient Commitment; Early Release)
426.273
Trial visits. (1) During a
period of commitment of a patient under ORS 426.130, the Department of Human
Services may grant a trial visit to the patient for a period of time and under
any conditions the department shall establish. The department shall only grant
a trial visit under this section if the trial visit is agreed to by the
community mental health and developmental disabilities program director, or the
designee of the director, for the county in which the person would reside.
(2) When in the opinion of the department,
the committed person can be appropriately served by outpatient care during the
period of commitment, the outpatient care may be required as a condition for
trial visit for a period which, when added to the inpatient treatment period,
shall not exceed the period of commitment. If outpatient care is required as a
condition for a trial visit, the conditions shall include a designation of a
facility, service or other provider to provide care or treatment.
(3) A copy of the conditions for trial
visit shall be given to all of the persons listed in ORS 426.278.
(4) Any trial visit granted under this
section is subject to the provisions under ORS 426.275.
(5) The director of the community mental
health and developmental disabilities program, or designee, of the county in
which a person who is on trial visit lives while on trial visit may modify the
conditions for continued trial visit when such modification is in the best
interest of the person. The director shall send notification of such changes
and the reasons for the changes to all those who received a copy of the
original conditions under ORS 426.278. [1985 c.242 §2 (enacted in lieu of
426.290); 1987 c.903 §28]
426.275
Effect of failure to adhere to condition of placement. The following are applicable to placements
of mentally ill persons that are made as conditional release under ORS 426.125,
outpatient commitments under ORS 426.127 or trial visits under ORS 426.273 as
described:
(1) If the person responsible under this
subsection determines that the mentally ill person is failing to adhere to the
terms and conditions of the placement, the responsible person shall notify the
court having jurisdiction that the mentally ill person is not adhering to the
terms and conditions of the placement. If the placement is an outpatient
commitment under ORS 426.127 or a trial visit under ORS 426.273, the
notifications shall include a copy of the conditions for the placement. The
person responsible for notifying the court under this subsection is as follows:
(a) For conditional releases under ORS
426.125, the guardian, relative or friend in whose care the mentally ill person
is conditionally released.
(b) For outpatient commitments under ORS
426.127, the community mental health and developmental disabilities program
director, or designee of the director, of the county in which the person on
outpatient commitment lives.
(c) For trial visits under ORS 426.273,
the community mental health and developmental disabilities program director, or
designee of the director, of the county in which the person on trial visit is
to receive outpatient treatment.
(2) On its own motion, the court with
jurisdiction of a mentally ill person on such placement may cause the person to
be brought before it for a hearing to determine whether the person is or is not
adhering to the terms and conditions of the placement. The person shall have
the same rights with respect to notice, detention stay, hearing and counsel as
for a hearing held under ORS 426.095. The court shall hold the hearing within
five judicial days of the date the mentally ill person receives notice under
this section. The court may allow postponement and detention during
postponement as provided under ORS 426.095.
(3) Pursuant to the determination of the
court upon hearing under this section, a person on placement shall either
continue the placement on the same or modified conditions or shall be returned
to the Department of Human Services for involuntary care and treatment on an
inpatient basis subject to discharge at the end of the commitment period or as
otherwise provided under this chapter and ORS 430.397 to 430.401.
(4) If the person on placement is living
in a county other than the county of the court that established the current
period of commitment under ORS 426.130 during which the trial visit,
conditional release or outpatient commitment takes place, the court
establishing the current period of commitment shall transfer jurisdiction to
the appropriate court of the county in which the person is living while on the placement
and the court receiving the transfer shall accept jurisdiction.
(5) The court may proceed as provided in
ORS 426.307 or this section when the court:
(a) Receives notice under ORS 426.070 or
426.228 to 426.235; and
(b) Determines that the person is a
mentally ill person on conditional release under ORS 426.125, outpatient
commitment under ORS 426.127 or trial visit under ORS 426.273. [1985 c.242 §3
(enacted in lieu of 426.290); 1987 c.903 §29; 1993 c.484 §22]
426.278
Distribution of copies of conditions for outpatient commitment or trial visit. The following persons shall be given a copy
of the conditions of a placement of a mentally ill person that is made as an
outpatient commitment under ORS 426.127 or as a trial visit under ORS 426.273:
(1) The committed person;
(2) The community mental health and
developmental disabilities program director, or designee of the director, of
the county in which the committed person is to receive outpatient treatment;
(3) The director of any facility, service or
other provider designated to provide care or treatment;
(4) The court of current commitment; and
(5) The appropriate court of the county in
which the committed person lives during the commitment period if the person is
living in a different county than the county of the court that made the current
commitment. [1987 c.903 §30]
426.280 [Amended by 1961 c.228 §1; 1961 c.706 §26;
1969 c.597 §91; 1973 c.838 §26; 1985 c.242 §5; 1987 c.903 §31; 1993 c.484 §23;
1997 c.531 §7; renumbered 426.335 in 2003]
426.290 [Amended by 1959 c.513 §1; 1961 c.228 §2;
1969 c.391 §6; 1973 c.838 §27; 1975 c.690 §18; repealed by 1985 c.242 §1
(426.273, 426.275 and 426.292 enacted in lieu of 426.290)]
426.292
Release prior to expiration of term of commitment. Nothing in this chapter and ORS 430.397 to
430.401 prohibits the Department of Human Services from releasing a person from
a hospital or other facility in which the person is being treated prior to the
expiration of the period of commitment under ORS 426.130 when, in the opinion
of the director of the facility or treating physician, the person is no longer
mentally ill. [1985 c.242 §4 (enacted in lieu of 426.290)]
(Competency
and Discharge)
426.295
Judicial determination of competency; restoration of competency. (1) No person admitted to a state hospital
for the treatment of mental illness shall be considered by virtue of the
admission to be incompetent.
(2) Upon petition of a person committed to
a state hospital, or the guardian, relative or creditor of the person or other
interested person, the court of competent jurisdiction in the county in which
the state hospital is located or, if the petitioner requests a hearing in the
county where the commitment originated, then the court in such county shall
hold a hearing to determine whether or not the person in the state hospital is
competent. A guardian who is not the petitioner shall be notified of the
hearing at least three days before the date set for hearing. After the hearing
the court shall enter an order pursuant to its finding and serve a copy of the
order on the petitioner and forward a copy of the order to the committing
court.
(3) When a person committed to a state
hospital has been declared incompetent pursuant to subsection (2) of this
section and is discharged from the hospital, the superintendent of the hospital
shall advise the court which entered the order of incompetency whether or not,
in the opinion of the chief medical officer of the hospital on the basis of
medical evidence, the person is competent. The superintendent shall make a
reasonable effort to notify the discharged person of the advice to the court.
If the court is advised that the person is competent, the court shall enter an
order to that effect. If the court is advised that the person is not competent,
upon petition of the person, the guardian, relative or creditor of the person
or other interested person, the court shall hold a hearing to determine whether
or not the discharged person is competent. The court shall serve a copy of any
order entered pursuant to this subsection on the person and forward a copy of
such order to the committing court. [1965 c.628 §2; 1967 c.460 §1; 1969 c.391 §7]
426.297
Payment of expenses for proceeding under ORS 426.295. (1) The expenses of a proceeding under ORS
426.295 (2) shall be paid by the person, unless it appears from the affidavit
of the person or other evidence that the person is unable to pay the expenses.
If the person is unable to pay, the expenses of the proceedings shall be paid
by the county of which the mentally ill person was a resident at the time of
admission. If the county of residence cannot be established, the county from
which the person was admitted shall pay the expenses.
(2) The expenses of the proceeding under
ORS 426.295 (3) shall be paid by the petitioner.
(3) Any physician employed by the court to
make an examination as to the mental condition of a person subject to a
competency proceeding under ORS 426.295 or 426.380 to 426.390 shall be allowed
a reasonable professional fee by order of the court. Witnesses summoned and
giving testimony shall receive the same fees as are paid in ORS 44.415 (2). [1967
c.460 §2; 1989 c.980 §14]
426.300
Discharge of patients; application for public assistance. (1) The Department of Human Services shall,
by filing a written certificate with the last committing court and the court of
residence, discharge any patient from court commitment, except one held upon an
order of a court or judge having criminal jurisdiction in an action or
proceeding arising out of criminal offense when in its opinion the individual
is no longer a mentally ill person or when in its opinion the transfer of the
individual to a voluntary status is in the best interest of the treatment of
the patient.
(2) The department may sign applications
for public assistance on behalf of those patients who may be eligible for
public assistance. [Amended by 1963 c.325 §4; 1967 c.549 §8; 1973 c.838 §22;
1997 c.249 §137]
426.301
Release of committed patient; certification of continued mental illness;
service of certificate; content; period of further commitment; effect of
failure to protest further commitment. (1) At the end of the 180-day period of commitment, any person whose
status has not been changed to voluntary shall be released unless the Department
of Human Services certifies to the court in the county where the treating
facility is located that the person is still mentally ill and in need of
further treatment. The department, pursuant to its rules, may delegate to the
director of the treating facility the responsibility for making the
certification. The director of the treating facility shall consult with the
community mental health and developmental disabilities program director of the
county of residence prior to making the certification. If the certification is
made, the person will not be released, but the director of the treating
facility shall immediately issue a copy of the certification to the person and
to the community mental health and developmental disabilities program director of
the county of residence.
(2) The certification shall be served upon
the person by the director of the facility wherein the person is confined or
the designee of the director. The director of the facility shall inform the
court in writing that service has been made and the date thereof.
(3) The certification shall advise the
person of all the following:
(a) That the department or facility has
requested that commitment be continued for an additional period of time.
(b) That the person may consult with legal
counsel and that legal counsel will be provided for the person without cost if
the person is unable to afford legal counsel.
(c) That the person may protest this
further commitment within 14 days, and if the person does not commitment will
be continued for an indefinite period of time up to 180 days.
(d) That if the person does protest a
further period of commitment, the person is entitled to a hearing before the
court on whether commitment should be continued.
(e) That the person may protest either
orally or in writing by signing the form accompanying the certification; that
the person is entitled to have a physician or other qualified person as
recommended by the department, other than a member of the staff at the facility
where the person is confined, examine the person and report to the court the
results of the examination.
(f) That the person may subpoena witnesses
and offer evidence on behalf of the person at the hearing.
(g) That if the person is without funds to
retain legal counsel or an examining physician or qualified person as
recommended by the department, the court will appoint legal counsel, a
physician or other qualified person.
(4) Nothing in subsection (3) of this
section requires the giving of the warning under ORS 426.123.
(5) The person serving the certification
shall read and deliver the certification to the person and ask whether the
person protests a further period of commitment. The person may protest further
commitment either orally or by signing a simple protest form to be given to the
person with the certification. If the person does not protest a further period
of commitment within 14 days of service of the certification, the department or
facility shall so notify the court and the court shall, without further
hearing, order the commitment of the person for an additional indefinite period
of time up to 180 days. [1973 c.838 §15; 1975 c.690 §19; 1987 c.903 §32; 2001
c.962 §60]
426.303
Effect of protest of further commitment; advice of court. When the person protests a further period of
commitment the Department of Human Services or facility designated in
accordance with ORS 426.301 shall immediately notify the court and the court
shall have the person brought before it and shall again advise the person that
the department or facility has requested that commitment be continued for an
additional period of time and that if the person does not protest this
commitment the commitment will be continued for an indefinite period of time up
to 180 days. The person shall also be informed of the rights set forth in ORS
426.301. [1973 c.838 §16; 1975 c.690 §20]
426.305 [1955 c.522 §4; 1963 c.325 §5; repealed by
1965 c.628 §3]
426.307
Court hearing; continuance; attorney; examination; determination of mental
illness; order of further commitment; period of commitment. If the person requests a hearing under ORS
426.301 or if the court proceeds under ORS 426.275 (5), the following
provisions apply as described:
(1) The hearing shall be conducted as
promptly as possible and at a time and place as the court may direct.
(2) If the person requests a continuance
in order to prepare for the hearing or to obtain legal counsel to represent the
person, the court may grant postponement and detention during postponement as
provided under ORS 426.095.
(3) The person has the right to
representation by or appointment of counsel as provided under ORS 426.100
subject to ORS 135.055, 151.216 and 151.219.
(4) If the person requests an examination
by a physician or other qualified person as recommended by the Department of
Human Services and is without funds to retain a physician or other qualified
person for purposes of the examination, the court shall appoint a physician or
other qualified person, other than a member of the staff from the facility where
the person is confined, to examine the person at no expense to the person and
to report to the court the results of the examination.
(5) The provisions of ORS 40.230, 40.235,
40.240 and 40.250 do not apply to the use of medical records from the current period
of commitment or to testimony related to such records or period of commitment
in connection with hearings under this section. The court may consider as
evidence such reports and testimony.
(6) The court shall then conduct a hearing
and after hearing the evidence and reviewing the recommendations of the
treating and examining physicians or other qualified persons, the court shall
determine whether the person is still a mentally ill person and in need of
further treatment. If in the opinion of the court the individual is still a
mentally ill person by clear and convincing evidence and in need of further
treatment, the court may order commitment to the department for an additional
indefinite period of time up to 180 days.
(7) At the end of the 180-day period, the
person shall be released unless the department or facility again certifies to
the committing court that the person is still a mentally ill person and in need
of further treatment, in which event the procedures set forth in ORS 426.301 to
426.307 shall be followed. [1973 c.838 §17; 1975 c.690 §21; 1979 c.408 §5; 1987
c.803 §24; 1987 c.903 §§33,33a; 1989 c.171 §53; 1993 c.484 §24; 1997 c.649 §4;
2001 c.962 §61]
426.309
Effect of ORS 426.217 and 426.301 to 426.307 on other discharge procedure. ORS 426.217 and 426.301 to 426.307 do not
restrict or limit the discharge procedures set forth in ORS 426.300. [1973
c.838 §20]
(Miscellaneous)
426.310
Reimbursement of county in case of nonresident patients. (1) If the mentally ill person is a resident
of some other county in this state, the county making the commitment shall be
reimbursed by the county of which the person is a resident. All reasonable and
actual expenses incurred and paid by the county by reason of the care, custody,
treatment, investigation examination and commitment hearing shall, upon
presentation of a copy of the order of the judge making the examination and
commitment, together with a properly itemized and certified claim covering the
expense, be promptly paid to the county by the county of which the person was a
resident. The expenses reimbursed under this subsection shall include any
expenses incurred to pay for representation of the states interest under ORS
426.100 and 426.250.
(2) If an allegedly mentally ill person is
a resident of some other county in this state, a county attempting a commitment
shall be reimbursed by the county of which the person is a resident, as defined
in ORS 426.241, for all actual, reasonable expenses incurred and paid by the
county attempting commitment by reason of the care, custody, treatment,
investigation examination and commitment hearing. The expenses reimbursed under
this subsection shall include any expenses incurred to pay for representation
of the states interest under ORS 426.100 and 426.250. [Amended by 1975 c.690 §22;
1977 c.764 §7; 1979 c.392 §2; 1987 c.903 §34]
426.320
Payment of certain expenses by the state. When a mentally ill person is assigned to or transferred to a state
mental hospital, all actual and necessary expenses incurred by the agent or
attendant from the state hospital and the assistants of the agent or attendant,
together with those of the person for transportation to the hospital, shall be
paid by the state in the manner provided in ORS 426.330. [Amended by 1975 c.690
§23]
426.330
Presentation and payment of claims. The special funds authorized for the use of the superintendents of the
426.335
Limitations on liability.
The following limitations on liability and circumstances are applicable to
situations within this chapter and ORS 430.397 to 430.401:
(1) None of the following shall in any way
be held criminally or civilly liable for the making of the notification under
ORS 426.070, provided the person acts in good faith, on probable cause and
without malice:
(a) The community mental health and
developmental disabilities program director or designee of the director.
(b) The two petitioning persons.
(c) The county health officer.
(d) Any magistrate.
(e) Any peace officer or parole and
probation officer.
(f) Any physician attending the allegedly
mentally ill person.
(g) The physician attached to a hospital
or institution wherein the allegedly mentally ill person is a patient.
(2) The person conducting the
investigation under ORS 426.070 and 426.074 shall not be held criminally or
civilly liable for conducting the investigation, provided the investigator acts
in good faith, on probable cause and without malice.
(3) The person representing the states
interest under ORS 426.100 shall not be held criminally or civilly liable for
performing responsibilities under ORS 426.100 as long as the person acts in
good faith and without malice.
(4) No person appointed under ORS 426.110
to conduct an examination under ORS 426.120 shall be held criminally or civilly
liable for actions pursuant to ORS 426.120 if the examiner acts in good faith
and without malice.
(5) No physician, hospital or judge shall
be held criminally or civilly liable for actions pursuant to ORS 426.228,
426.231, 426.232, 426.234 or 426.235 if the physician, hospital or judge acts
in good faith, on probable cause and without malice.
(6) No peace officer, person authorized
under ORS 426.233, community mental health director or designee, hospital or
other facility, physician or judge shall in any way be held criminally or
civilly liable for actions pursuant to ORS 426.228 to 426.235 if the individual
or facility acts in good faith, on probable cause and without malice.
(7) Any guardian, relative or friend of a
mentally ill person who assumes responsibility for the mentally ill person
under a conditional release under ORS 426.125 shall not be liable for any
damages that are sustained by any person on account of the misconduct of the
mentally ill person while on conditional release if the guardian, relative or
friend acts in good faith and without malice.
(8) The persons designated in this
subsection shall not be liable for damages that are sustained by any person or
property on account of the misconduct of a mentally ill person while the
mentally ill person is on outpatient commitment under ORS 426.127 if the
designated person acts without willful and wanton neglect of duty. This
subsection is applicable to all of the following:
(a) The community mental health and
developmental disabilities program director and the designee of the director
for the county in which the committed person resides.
(b) The superintendent or director of any
staff of any facility where the mentally ill person receives treatment during
the outpatient commitment.
(c) The Director of Human Services.
(d) The physician and the facility
granting an outpatient commitment to a patient.
(9) For trial visits granted under ORS
426.273 and 426.275:
(a) None of the following shall be liable
for a patients expenses while on trial visit:
(A) The physician and the facility
granting a trial visit to a patient;
(B) The superintendent or director of the
facility granting a trial visit;
(C) The Director of Human Services; and
(D) The chief medical officer of the
facility.
(b) The following persons shall not be
liable for damages that are sustained by any person on account of the
misconduct of such patient while on trial visit if the person acts without
willful and wanton neglect of duty:
(A) The community mental health and
developmental disabilities program director for the county in which the person
resides;
(B) The superintendent, director or chief
medical officer of any facility granting a trial visit to a patient;
(C) The physician responsible for the
patients trial visit;
(D) The Director of Human Services; or
(E) The employees and agents of persons
listed in this paragraph. [Formerly 426.280; 2005 c.264 §21]
426.340 [Repealed by 1975 c.690 §28]
426.350 [Amended by 1961 c.152 §1; repealed by 1971
c.64 §12]
426.360 [1961 c.513 §§1,2,3; 1969 c.597 §92; 1971
c.655 §246; 1977 c.253 §40; repealed by 2001 c.900 §261]
426.370
Withholding information obtained in certain commitment or admission
investigations. A community
mental health and developmental disabilities program director or designee may
withhold information obtained during an investigation under ORS 426.070,
426.228, 426.232, 426.233 or 426.234 if the community mental health and
developmental disabilities program director determines:
(1) That information was not included in
its investigation report or otherwise used in a material way to support a
determination by the community mental health and developmental disabilities
program director that there was probable cause to believe a person was a
mentally ill person; and
(2) Release of the information would
constitute a clear and immediate danger to any person. [1989 c.993 §6; 1993
c.484 §25]
Note: 426.370 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 426 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
426.375 [1967 c.460 §5; repealed by 1973 c.838 §29]
426.380
Availability of writ of habeas corpus. Any individual committed pursuant to ORS 426.005 to 426.223 and
426.241 to 426.380 shall be entitled to the writ of habeas corpus upon proper
petition by the individual or a friend to any court generally empowered to
issue the writ of habeas corpus in the county in which the state hospital in
which the person is detained is located. [1967 c.460 §6]
426.385
Rights of committed persons.
(1) Every mentally ill person committed to the Department of Human Services
shall have the right to:
(a) Communicate freely in person and by
reasonable access to telephones;
(b) Send and receive sealed mail, except
that this right may be limited for security reasons in state institutions as
described in ORS 426.010;
(c) Wear the clothing of the person;
(d) Keep personal possessions, including
toilet articles;
(e) Religious freedom;
(f) A private storage area with free
access thereto;
(g) Be furnished with a reasonable supply
of writing materials and stamps;
(h) A written treatment plan, kept current
with the progress of the person;
(i) Be represented by counsel whenever the
substantial rights of the person may be affected;
(j) Petition for a writ of habeas corpus;
(k) Not be required to perform routine
labor tasks of the facility except those essential for treatment;
(L) Be given reasonable compensation for
all work performed other than personal housekeeping duties;
(m) Daily access to fresh air and the outdoors,
except that this right may be limited when it would create significant risk of
harm to the person or others;
(n) Such other rights as may be specified
by rule; and
(o) Exercise all civil rights in the same
manner and with the same effect as one not admitted to the facility, including,
but not limited to, the right to dispose of real property, execute instruments,
make purchases, enter contractual relationships, and vote, unless the person
has been adjudicated incompetent and has not been restored to legal capacity.
Disposal of personal property in possession of the person in a state
institution described in ORS 426.010 is subject to limitation for security
reasons.
(2)(a) A person must be immediately
informed, verbally and in writing, of any limitation:
(A) Of the right to send or receive sealed
mail under subsection (1)(b) of this section;
(B) Regarding the disposal of personal
property under subsection (1)(o) of this section; and
(C) Of the right to daily access to fresh
air and the outdoors under subsection (1)(m) of this section.
(b) Any limitation under this subsection
and the reasons for the limitation must be stated in the persons written
treatment plan.
(c) The person has the right to challenge
any limitation under this subsection pursuant to rules adopted by the
department. The person must be informed, verbally and in writing, of this
right.
(3) Mentally ill persons committed to the
department shall have the right to be free from potentially unusual or
hazardous treatment procedures, including convulsive therapy, unless they have
given their express and informed consent or authorized the treatment pursuant
to ORS 127.700 to 127.737. This right may be denied to such persons for good
cause as defined in administrative rule only by the director of the facility in
which the person is confined, but only after consultation with and approval of
an independent examining physician. Any denial shall be entered into the
patients treatment record and shall include the reasons for the denial. No
patient shall be subjected to psychosurgery, as defined in ORS 677.190 (22)(b).
(4) Mechanical restraints shall not be
applied to a person admitted to a facility unless it is determined by the chief
medical officer of the facility or designee to be required by the medical needs
of the person. Every use of a mechanical restraint and the reasons therefor
shall be made a part of the clinical record of the person over the signature of
the chief medical officer of the facility or designee.
(5) Nothing in this section prevents the
department from acting to exclude contraband from its facilities and to prevent
possession or use of contraband in its facilities.
(6) As used in this section:
(a) Contraband has the meaning given
that term in ORS 162.135.
(b) Security reasons means the
protection of the mentally ill person from serious and immediate harm and the
protection of others from threats or harassment as defined by rule of the
department. [1967 c.460 §4; 1973 c.838 §28; 1981 c.372 §3; 1983 c.486 §1; 1993
c.442 §16; 1995 c.141 §1; 2001 c.104 §152; 2007 c.56 §1]
426.390
Construction. Nothing in ORS
426.295, 426.297 and 426.380 to 426.390 is intended to detract from the powers
of a court under ORS chapter 125 or ORS 179.640. [1967 c.460 §7; 1973 c.823 §137;
1995 c.664 §96]
426.395
Posting of statement of rights of committed persons. A simple and clear statement of rights
guaranteed to patients committed to the Department of Human Services shall be
prominently posted in each room frequented by patients in all facilities
housing such patients. A copy of the statement shall be given to each patient
upon admission and sent, upon request, to the legal counsel, guardian, relative
or friend of the patient. The statement shall include the name, address and
telephone number of the system described in ORS 192.517 (1). [1973 c.838 §31;
2003 c.14 §238; 2007 c.57 §1]
426.405 [1983 c.536 §1; repealed by 2001 c.900 §261]
426.407 [1983 c.536 §2; repealed by 2001 c.900 §261]
426.410 [1969 c.638 §1; repealed by 1975 c.690 §28]
(Licensing of
Persons Who May Order Restraint or Seclusion)
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. (1) The Director
of Human Services may adopt rules establishing requirements and procedures for
licensing persons who may order, monitor and evaluate the use of restraint and
seclusion in facilities providing intensive mental health treatment services to
individuals under 21 years of age.
(2) A license may not be issued or renewed
under rules adopted under this section unless the person applying for the
license or renewal:
(a) Is employed by or providing services
under contract with a provider that is certified by the Department of Human
Services to provide intensive mental health treatment services for individuals
under 21 years of age;
(b) Has successfully completed an
emergency safety intervention training program approved by the director;
(c) Provides documented evidence of the
persons ability to assess the psychological and physical well-being of
individuals under 21 years of age;
(d) Meets other qualifications established
by the director by rule for qualified mental health professionals; and
(e) Demonstrates knowledge of federal and
state rules governing the use of restraint and seclusion in intensive mental
health treatment programs for individuals under 21 years of age.
(3) The rules described in subsection (1)
of this section shall:
(a) Specify procedures for issuing and
renewing licenses;
(b) Establish a term of licensure;
(c) Require a person issued a license to
satisfy annual training requirements relating to emergency safety intervention
procedures;
(d) Specify grounds for denial, suspension
or revocation of a license;
(e) Set any license or renewal fees the
director determines are necessary; and
(f) Specify any other licensing provisions
the director determines are necessary to comply with federal law or regulations
or to operate a licensing system described in this section. [2001 c.807 §1]
Note: 426.415 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 426 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
426.450 [1971 c.622 §6; renumbered 430.397 in 1995]
426.460 [1971 c.622 §7; 1973 c.795 §3; 1979 c.744 §22;
1981 c.809 §1; 1985 c.565 §68; renumbered 430.399 in 1995]
426.470 [1971 c.622 §8; renumbered 430.401 in 1995]
PERSONS WITH
CHRONIC MENTAL ILLNESS
(Generally)
426.490
Policy. It is declared to be
the policy and intent of the Legislative Assembly that the State of
Note: 426.490 to 426.500 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
426 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
426.495
Definitions for ORS 426.490 to 426.500; rules. (1) As used in ORS 426.490 to 426.500,
unless the context requires otherwise:
(a) Case manager means a person who
works on a continuing basis with a person with a chronic mental illness and is
responsible for assuring the continuity of the various services called for in
the discharge plan of the person with a chronic mental illness including
services for basic personal maintenance, mental and personal treatment, and
appropriate education and employment.
(b) Discharge plan means a written plan
prepared jointly with the person with a chronic mental illness, mental health
staff and case manager prior to discharge, prescribing for the basic and
special needs of the person upon release from the hospital.
(c) Person with a chronic mental illness
means an individual who is:
(A) Eighteen years of age or older; and
(B) Diagnosed by a psychiatrist, a
licensed clinical psychologist or a nonmedical examiner certified by the
Department of Human Services as having chronic schizophrenia, a chronic major
affective disorder, a chronic paranoid disorder or another chronic psychotic mental
disorder other than those caused by substance abuse.
(2) For purposes of providing services in
the community, the department may adopt rules consistent with accepted
professional practices in the fields of psychology and psychiatry to specify
other criteria for determining who is a person with a chronic mental illness. [1979
c.784 §2; 1987 c.903 §35; 2007 c.70 §208]
Note: See note under 426.490.
426.500
Powers and duties of Department of Human Services; rules. For the purpose of carrying out the policy
and intent of ORS 426.490 to 426.500, the Department of Human Services shall:
(1) Adopt rules for the administration of
ORS 426.490 to 426.500;
(2) Prepare a written discharge plan for
each person with a chronic mental illness who is a patient at a state mental
institution or who is committed to the department pursuant to ORS 426.005 to
426.223 and 426.241 to 426.380;
(3) Ensure that case managers are provided
for each person with a chronic mental illness described in subsection (2) of
this section; and
(4) Disburse from any available funds:
(a) Funds for one LINC model in the area
served by
(b) Discretionary funds for services
necessary to implement a discharge plan, including but not limited to
transportation, medication, recreation and socialization; and
(c) Funds to provide day treatment
services, community psychiatric inpatient services, and work activity services
for persons with chronic mental illness when needed. [1979 c.784 §3; 1999 c.59 §121;
2007 c.70 §209]
Note: See note under 426.490.
(Community
Housing)
426.502
Definitions for ORS 426.502 to 426.508. As used in ORS 426.502 to 426.508:
(1) Community housing means property and
related equipment that are used or could be used to house persons with chronic
mental illness and their care providers. Community housing includes
single-family housing and multiple-unit residential housing.
(2) Construct means to build, install,
assemble, expand, alter, convert, replace or relocate. Construct includes to
install equipment and to prepare a site.
(3) Department means the Department of
Human Services.
(4) Equipment means furnishings,
fixtures or appliances that are used or could be used to provide care in
community housing.
(5) Multiple-unit residential housing
means housing that provides two or more living units and spaces for common use
by the occupants in social and recreational activities. Multiple-unit
residential housing may include nonhousing facilities incidental or
appurtenant to the housing that, in the determination of the department,
improve the quality of the housing.
(6) Person with a chronic mental illness
has the meaning given that term in ORS 426.495.
(7) Single-family housing means a
detached living unit with common living room and dining facilities for at least
three occupants with chronic mental illness. Single-family housing may
include nonhousing facilities incidental or appurtenant to the housing that, in
the determination of the department, improve the quality of the housing. [1999
c.983 §2; 2005 c.11 §1; 2007 c.70 §210]
426.504
Authority of department to develop community housing for persons with chronic
mental illness; sale of community housing; conditions. (1) The Department of Human Services may,
through contract or otherwise, acquire, purchase, receive, hold, exchange,
demolish, construct, lease, maintain, repair, replace, improve and equip
community housing for the purpose of housing persons with chronic mental
illness.
(2) The department may dispose of
community housing acquired under subsection (1) of this section in a public or
private sale, upon such terms and conditions as the department considers
advisable to increase the quality and quantity of community housing available
for persons with chronic mental illness. Except as provided in subsection (3)
of this section, in any instrument conveying fee title to community housing,
the department shall include language that restricts the use of the community
housing to housing for persons with chronic mental illness. Such restriction is
not a violation of ORS 93.270.
(3) If the department determines that
community housing acquired under subsection (1) of this section is no longer
suitable for use as community housing, the department may sell or otherwise
dispose of the community housing without including in any instrument conveying
fee title to the community housing any language that restricts the use of the
community housing. Proceeds from the sale or disposition of community housing
under this subsection are considered proceeds described in ORS 426.506 (4)(c).
(4) When exercising the authority granted
to the department under this section, the department is not subject to ORS
chapter 273 or ORS 270.100 to 270.190, 276.900 to 276.915 or 279A.250 to
279A.290. [1999 c.983 §3; 2003 c.794 §281; 2005 c.11 §2; 2007 c.70 §211]
426.506
Community Mental Health Housing Fund; Community Housing Trust Account; report. (1) There is created in the State Treasury,
separate and distinct from the General Fund, the Community Mental Health
Housing Fund. All earnings on investments of moneys in the Community Mental
Health Housing Fund shall accrue to the fund. Interest earned on moneys in the
fund shall be credited to the fund. All moneys in the fund are continuously
appropriated to the Department of Human Services to carry out the provisions of
ORS 426.504.
(2) The Community Mental Health Housing
Fund shall be administered by the department to provide housing for persons
with chronic mental illness. As used in this subsection, housing may include
acquisition, maintenance, repair, furnishings and equipment.
(3)(a) There is established within the
Community Mental Health Housing Fund a Community Housing Trust Account. With
approval of the State Treasurer and upon request of the Director of Human
Services, moneys in the account may be invested as provided in ORS 293.701 to
293.820.
(b) Notwithstanding the provisions of ORS
270.150, the department shall deposit into the Community Housing Trust Account
the proceeds, less costs to the state, received by the department from the sale
of
(c) Interest earned on moneys in the
Community Housing Trust Account may be expended in the following manner:
(A) Seventy percent of interest earned on
deposits in the account shall be expended for community housing purposes; and
(B) Thirty percent of interest earned on
deposits in the account shall be expended for institutional housing purposes.
(d) Interest earned on deposits in the
Community Housing Trust Account shall not be used to support operating expenses
of the department.
(4) The Community Mental Health Housing
Fund shall consist of:
(a) Moneys appropriated to the fund by the
Legislative Assembly;
(b)
(c) Proceeds from the sale, transfer or
lease of any surplus real property owned, operated or controlled by the
department and used as community housing;
(d) Moneys reallocated from other areas of
the departments budget;
(e) Interest and earnings credited to the
fund; and
(f) Gifts of money or other property from
any source, to be used for the purposes of developing housing for persons with
chronic mental illness.
(5) The department shall adopt policies:
(a) To establish priorities for the use of
moneys in the Community Mental Health Housing Fund for the sole purpose of
developing housing for persons with chronic mental illness;
(b) To match public and private moneys
available from other sources for developing housing for persons with chronic
mental illness; and
(c) To administer the fund in a manner
that will not exceed the State Treasurys maximum cost per transaction.
(6) The Department of Human Services shall
collaborate with the Housing and Community Services Department to ensure the
highest return and best value for community housing from the Community Mental
Health Housing Fund.
(7) The Department of Human Services shall
provide a report of revenues to and expenditures from the Community Mental
Health Housing Fund as part of its budget submission to the Governor and
Legislative Assembly under ORS chapter 291. [1999 c.983 §4; 2001 c.954 §31;
2007 c.70 §212; 2007 c.217 §7]
426.508
Sale of F. H. Dammasch State Hospital; fair market value; redevelopment of
property; property reserved for community housing. (1) Notwithstanding ORS 421.611 to 421.630
or any actions taken under ORS 421.611 to 421.630, the Department of
Corrections shall transfer the real property known as the
(2)(a) Notwithstanding ORS 270.100 to
270.190, and except as provided in subsection (4) of this section, the Oregon
Department of Administrative Services shall sell or otherwise convey the real
property known as the
(b) The Oregon Department of
Administrative Services shall retain from the sale or other conveyance of the
real property those costs incurred by the state in selling or conveying the
real property, including costs incurred by the Department of Corrections in
transferring the real property to the Oregon Department of Administrative
Services. The remaining proceeds from the sale or other conveyance shall be
transferred to the Community Housing Trust Account created under ORS 426.506
(3).
(3) Redevelopment of the real property
formerly occupied by the F. H. Dammasch State Hospital shall be consistent with
the Dammasch Area Transportation Efficient Land Use Plan developed by Clackamas
County, the City of Wilsonville, the Oregon Department of Administrative
Services, the Department of Land Conservation and Development, the Department
of Transportation, the State Housing Council, the Department of Human Services
and the Department of State Lands.
(4) The Oregon Department of
Administrative Services shall reserve from the sale of the real property under
subsection (2) of this section not more than 10 acres. The real property
reserved from sale shall be transferred to the Department of Human Services for
use by the Department of Human Services to develop community housing for
persons with chronic mental illness. The Oregon Department of Administrative
Services and the Department of Human Services shall jointly coordinate with the
City of
SEXUALLY
DANGEROUS PERSONS
426.510
Sexually dangerous person defined. As used in ORS 426.510 to 426.680, unless the context otherwise
requires, sexually dangerous person means a person who because of repeated or
compulsive acts of misconduct in sexual matters, or because of a mental disease
or defect, is deemed likely to continue to perform such acts and be a danger to
other persons. [1963 c.467 §1; 1977 c.377 §1]
426.520 [1963 c.467 §2; repealed by 1977 c.377 §6]
426.530 [1963 c.467 §3; 1971 c.743 §367; 1973 c.836 §349;
repealed by 1977 c.377 §6]
426.540 [1963 c.467 §4; repealed by 1977 c.377 §6]
426.550 [1963 c.467 §5; repealed by 1977 c.377 §6]
426.560 [1963 c.467 §6; repealed by 1977 c.377 §6]
426.570 [1963 c.467 §7; 1973 c.836 §350; repealed by
1977 c.377 §6]
426.580 [1963 c.467 §§8,9; 1973 c.443 §1; repealed
by 1977 c.377 §6]
426.590 [1963 c.467 §10; repealed by 1977 c.377 §6]
426.610 [1963 c.467 §11; 1973 c.443 §2; repealed by
1977 c.377 §6]
426.620 [1963 c.467 §12; repealed by 1977 c.377 §6]
426.630 [1963 c.467 §13; repealed by 1977 c.377 §6]
426.640 [1963 c.467 §14; 1973 c.443 §3; 1975 c.380 §8;
repealed by 1977 c.377 §6]
426.650
Voluntary admission to state institution; rules. (1) Pursuant to rules promulgated by the
Department of Human Services, the superintendent of any state hospital for the
treatment and care of persons with mental illness may admit and hospitalize
therein as a patient any person in need of medical or mental therapeutic treatment
as a sexually dangerous person who voluntarily has made written application for
such admission. No person under the age of 18 years shall be admitted as a
patient to any such state hospital unless an application therefor in behalf of
the person has been executed by the parent, adult next of kin or legal guardian
of the person. Pursuant to rules and regulations of the department, no person
voluntarily admitted to any state hospital shall be detained therein more than
72 hours after the person, if at least 18 years of age, has given notice in
writing of desire to be discharged therefrom, or, if the patient is under the
age of 18 years, after notice in writing has been given by the parent, adult
next of kin or legal guardian of the person that such parent, adult next of kin
or legal guardian desires that such person be discharged therefrom.
(2) Any person voluntarily admitted to a
state facility pursuant to this section may upon application and notice to the
superintendent of the institution concerned, be granted a temporary leave of
absence from the institution if such leave, in the opinion of the chief medical
officer, will not interfere with the successful treatment or examination of the
applicant. [1963 c.467 §15; 1969 c.391 §8; 1973 c.443 §4; 1973 c.827 §43; 1974
c.36 §11; 2007 c.70 §214]
426.660 [1963 c.467 §16; repealed by 1973 c.443 §5]
426.670
Treatment programs for sexually dangerous persons. The Department of Human Services hereby is
directed and authorized to establish and operate treatment programs, either
separately within an existing state Department of Corrections institution, as
part of an existing program within a Department of Human Services institution,
or in specified and approved sites in the community to receive, treat, study and
retain in custody, as required, such sexually dangerous persons as are
committed under ORS 426.510 to 426.670. [1963 c.467 §17; 1965 c.481 §1; 1979
c.606 §1; 1987 c.320 §230]
426.675
Determination of sexually dangerous persons; custody pending sentencing; hearing;
sentencing; rules. (1) When
a defendant has been convicted of a sexual offense under ORS 163.305 to 163.467
or 163.525 and there is probable cause to believe the defendant is a sexually
dangerous person, the court prior to imposing sentence may continue the time
for sentencing and commit the defendant to a facility designated under ORS
426.670 for a period not to exceed 30 days for evaluation and report.
(2) If the facility reports to the court
that the defendant is a sexually dangerous person and that treatment available
may reduce the risk of future sexual offenses, the court shall hold a hearing
to determine by clear and convincing evidence that the defendant is a sexually
dangerous person. The state and the defendant shall have the right to call and
cross-examine witnesses at such hearing. The defendant may waive the hearing
required by this subsection.
(3) If the court finds that the defendant
is a sexually dangerous person and that treatment is available which will
reduce the risk of future sexual offenses, it may, in its discretion at the
time of sentencing:
(a) Sentence the defendant to probation on
the condition that the person participate in and successfully complete a
treatment program for sexually dangerous persons pursuant to ORS 426.670;
(b) Impose a sentence of imprisonment with
the order that the defendant be assigned by the Director of the Department of
Corrections to participate in a treatment program for sexually dangerous
persons pursuant to ORS 426.670. The Department of Corrections and Department
of Human Services shall jointly adopt administrative rules to coordinate
assignment and treatment of prisoners under this subsection; or
(c) Impose any other sentence authorized
by law. [1977 c.377 §3; 1979 c.606 §2; 1987 c.320 §231; 1993 c.14 §24]
426.680
Trial visits for probationer.
(1) The superintendent of the facility designated under ORS 426.670 to receive
commitments for medical or mental therapeutic treatment of sexually dangerous
persons may grant a trial visit to a defendant committed as a condition of
probation where:
(a) The trial visit is not inconsistent
with the terms and conditions of probation; and
(b) The trial visit is agreed to by the
community mental health and developmental disabilities program director for the
county in which the person would reside.
(2) Trial visit here shall correspond to
trial visit as described in ORS 426.273 to 426.292 and 426.335, except that the
length of a trial visit may be for the duration of the period of probation,
subject to the consent of the sentencing court. [1973 c.443 §7; 1977 c.377 §4;
1985 c.242 §7]
426.700 [1973 c.616 §1; repealed by 1981 c.372 §2]
426.705 [1973 c.616 §2; repealed by 1981 c.372 §2]
426.710 [1973 c.616 §6; repealed by 1981 c.372 §2]
426.715 [1973 c.616 §7; repealed by 1981 c.372 §2]
426.720 [1973 c.616 §8; repealed by 1981 c.372 §2]
426.725 [1973 c.616 §9; repealed by 1981 c.372 §2]
426.730 [1973 c.616 §10; repealed by 1981 c.372 §2]
426.735 [1973 c.616 §11; repealed by 1981 c.372 §2]
426.740 [1973 c.616 §12; repealed by 1981 c.372 §2]
426.745 [1973 c.616 §§13,14,15; repealed by 1981
c.372 §2]
426.750 [1973 c.616 §3; repealed by 1981 c.372 §2]
426.755 [1973 c.616 §4; repealed by 1981 c.372 §2]
426.760 [1977 c.148 §5; repealed by 1981 c.372 §2]
_______________
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