ORS Chapter 426
TITLE 35
MENTAL HEALTHAND DEVELOPMENTAL DISABILITIES;
ALCOHOL AND DRUGABUSE
Chapter 426. PersonsWith Mental Illness; Sexually Dangerous Persons
427. PersonsWith Mental Retardation; Persons With Developmental Disabilities
428. NonresidentPersons With Mental Disabilities
430. MentalHealth; Developmental Disabilities; Alcohol and Drug Programs
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Chapter 426 — PersonsWith Mental Illness; Sexually Dangerous Persons
2009 EDITION
MENTALLYILL AND SEXUALLY DANGEROUS PERSONS
MENTALHEALTH; ALCOHOL AND DRUG ABUSE
PERSONSWITH MENTAL ILLNESS
(Definitions)
426.005 Definitionsfor ORS 426.005 to 426.390
(Hospitals)
426.010 Statehospitals for mentally ill persons
426.020 Superintendent;chief medical officer
426.060 Commitmentto Oregon Health Authority; powers of authority; placement; transfer
(CommitmentProcedure)
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 Noticeand records of treatment prior to hearing; procedures
426.080 Executionand return of citation or warrant of detention
426.090 Citation;service
426.095 Commitmenthearing; postponement; right to cross-examine; admissibility of investigationreport
426.100 Adviceof court; appointment of legal counsel; costs; representation of state’sinterest
426.110 Appointmentof examiners; qualifications; costs
426.120 Examinationreport; rules
426.123 Observationof person in custody; warning; evidence
426.125 Qualificationsand requirements for conditional release
426.127 Outpatientcommitment
426.129 Communityliaison
426.130 Courtdetermination of mental illness; discharge; release for voluntary treatment;conditional release; commitment; prohibition relating to firearms; period ofcommitment
426.135 Counselon appeal; costs of appeal
426.140 Placeof confinement; attendant
426.150 Transportationto treatment facility
426.155 Releaseof information about person held in custody pending commitment proceeding orwhile committed or recommitted
426.160 Recordof proceedings; information transmitted to state police
426.170 Deliveryof certified copy of record
(Emergencyand Voluntary Admissions)
426.180 Emergencycommitment of certain Native Americans
426.190 Admissionon emergency commitment
426.200 Dutiesfollowing emergency admission; application for voluntary admission; courtcommitment
426.210 Limitof detention after commitment in emergency proceedings
426.217 Changeof status of committed patient to voluntary patient; effect of change
426.220 Voluntaryadmission; leave of absence; notice to parent or guardian
426.223 Retakingpersons in custody of or committed to Oregon Health Authority; assistance ofpeace officers and others
426.225 Voluntaryadmission to state hospital of committed person; examination by physician
(EmergencyCare and Treatment)
426.228 Custody;authority of peace officers and other persons; transporting to facility;reports; examination of person
426.231 Physicianhold; when authorized; statement required
426.232 Physicianemergency admission; notice; limit of hold
426.233 Authorityof community mental health program director and of other persons; costs oftransportation
426.234 Dutiesof professionals at facility where person admitted; notification; duties ofcourt
426.235 Transferbetween hospital and nonhospital facilities
426.236 Rules
426.237 Prehearingdetention; duties of community mental health program director; certificationfor treatment; court proceedings
426.238 Classifyingfacilities
(Costs)
426.241 Paymentof care, custody and treatment costs; denial of payment; rules
426.250 Paymentof costs related to commitment proceedings
426.255 Countyto pay costs
(TrialVisits; Conditional Release; Outpatient Commitment; Early Release)
426.273 Trialvisits
426.275 Effectof failure to adhere to condition of placement
426.278 Distributionof copies of conditions for outpatient commitment or trial visit
426.292 Releaseprior to expiration of term of commitment
(Competencyand Discharge)
426.295 Judicialdetermination of competency; restoration of competency
426.297 Paymentof expenses for proceeding under ORS 426.295
426.300 Dischargeof patients; application for public assistance
426.301 Releaseof committed patient; certification of continued mental illness; service ofcertificate; content; period of further commitment; effect of failure toprotest further commitment
426.303 Effectof protest of further commitment; advice of court
426.307 Courthearing; continuance; attorney; examination; determination of mental illness;order of further commitment; period of commitment
426.309 Effectof ORS 426.217 and 426.301 to 426.307 on other discharge procedure
(Miscellaneous)
426.310 Reimbursementof county in case of nonresident patients
426.320 Paymentof certain expenses by the state
426.330 Presentationand payment of claims
426.335 Limitationson liability
426.370 Withholdinginformation obtained in certain commitment or admission investigations
426.380 Availabilityof writ of habeas corpus
426.385 Rightsof committed persons
426.390 Construction
426.395 Postingof statement of rights of committed persons
(Licensingof Persons Who May Order Restraint or Seclusion)
426.415 Licensingof persons who may order and oversee use of restraint and seclusion infacilities providing mental health treatment to individuals under 21 years ofage; rules
PERSONSWITH CHRONIC MENTAL ILLNESS
(Generally)
426.490 Policy
426.495 Definitionsfor ORS 426.490 to 426.500; rules
426.500 Powersand duties of Oregon Health Authority; rules
(CommunityHousing)
426.502 Definitionsfor ORS 426.502 to 426.508
426.504 Powerof Oregon Health Authority to develop community housing for persons withchronic mental illness; sale of community housing; conditions
426.506 CommunityMental Health Housing Fund; Community Housing Trust Account; report
426.508 Saleof F. H. Dammasch State Hospital; fair market value; redevelopment of property;property reserved for community housing
SEXUALLYDANGEROUS PERSONS
426.510 “Sexuallydangerous person” defined
426.650 Voluntaryadmission to state institution; rules
426.670 Treatmentprograms for sexually dangerous persons
426.675 Determinationof sexually dangerous persons; custody pending sentencing; hearing; sentencing;rules