Oregon · Through 2025 Edition

ORS 426.235: Transfer between hospital and nonhospital facilities.

(1) The community mental health program director may transfer a person in custody under ORS 426.077, 426.232 or 426.233 to a hospital or nonhospital facility approved by the Oregon Health Authority 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 licensed independent practitioner who is treating the person and when the director of a nonhospital facility approved by the authority agrees to admit the person.
      (3) A person in custody at a nonhospital facility approved by the authority may be transferred to a hospital approved by the authority only when a licensed independent practitioner 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 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 authorized individual.
      (5) When a person is transferred under this section, the community mental health 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.

Where this section sits in the code

11 - Juvenile Code, Human Services
35. Mental Health and Developmental Disabilities; Substance Use Disorder Treatment
Chapter 426 — Persons With Mental Illness; Dangerous Persons; Commitment; Housing

(2) A person in custody at a hospital may be transferred from the hospital only with the consent of the licensed independent practitioner who is treating the person and when the director of a nonhospital facility approved by the authority agrees to admit the person.

(3) A person in custody at a nonhospital facility approved by the authority may be transferred to a hospital approved by the authority only when a licensed independent practitioner 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 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 authorized individual.

(5) When a person is transferred under this section, the community mental health 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.

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

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