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Oregon · Through 2025 Edition

ORS 426.231: Hold by licensed independent practitioner; when authorized; statement required.

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Where this section sits in the code
  1. 11 - Juvenile Code, Human Services
  2. 35. Mental Health and Developmental Disabilities; Substance Use Disorder Treatment
  3. Chapter 426 — Persons With Mental Illness; Dangerous Persons; Commitment; Housing

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

      (a) The licensed independent practitioner believes the person is a danger to self or others and is in need of emergency care or treatment for mental illness;

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

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

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

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

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

      (c) The licensed independent practitioner believes the person is a danger to self or others and is in need of emergency care or treatment for mental illness.

      (3) The written statement required by subsection (2) of this section authorizes a peace officer, an individual authorized under ORS 426.233 or the designee of a community mental health program director to transport a person to the treatment facility indicated on the statement.

Collected 2026-09-03T23:50:14Z. Source file · JSON

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