ORS 426.005: Definitions for ORS 426.005 to 426.390.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) As used in ORS 426.005 to 426.390, unless the context requires otherwise: (a) “Community mental health program director” means the director of an entity that provides the services described in ORS 430.630 (3) to (5). (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 authority determines suitable that provides diagnosis and evaluation, medical care, detoxification, social services or rehabilitation to persons who are in custody during a prehearing period of detention or who have been committed to the Oregon Health Authority under ORS 426.130. (d) “Licensed independent practitioner” means: (A) A physician, as defined in ORS 677.010; (B) A nurse practitioner licensed under ORS 678.375 and authorized to write prescriptions under ORS 678.390; or (C) A naturopathic physician licensed under ORS chapter 685. (e) “Nonhospital facility” means any facility, other than a hospital, that is approved by the authority to provide adequate security, psychiatric, nursing and other services to persons under ORS 426.232 or 426.233. (f) “Person with mental illness” means a person described in ORS 426.131 (1). (g) “Physical harm” means physical injury, physical pain or other physiological impairment, other than an injury, pain or impairment that is trivial in terms of pain or other bodily impact. (h) “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. (i) “Serious physical harm” means physical injury, physical pain or other physiological impairment that places a person at risk of: (A) Death; (B) Serious and irreversible deterioration of health; or (C) Serious and irreversible deterioration of any bodily organ. (2) Whenever a community mental health 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 person’s 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; 2009 c.595 §381; 2009 c.828 §23; 2011 c.720 §160; 2013 c.360 §15; 2015 c.433 §1; 2015 c.461 §1; 2017 c.356 §47; 2019 c.358 §11; 2025 c.559 §4] (Facilities)
Administrative rules citing this section
- OAR 309-033-0200: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0200: Statement of Purpose and Statutory Authority — authority
- OAR 309-033-0210: Definitions — implements
- OAR 309-033-0220: General Standards — implements
- OAR 309-033-0222: Need for Treatment Considerations — implements
- OAR 309-033-0225: Variances — implements
- OAR 309-033-0230: Custody — implements
- OAR 309-033-0240: Initiation of the Civil Commitment Process — implements
- OAR 309-033-0250: Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention — implements
- OAR 309-033-0270: Provision of Care, Custody and Treatment of Persons under Civil Commitment — implements
- OAR 309-033-0280: Procedures for Persons under Civil Commitment and on Outpatient Commitment or Trial Visit — implements
- OAR 309-033-0282: Establishing and Monitoring Conditions of Placement — implements
- OAR 309-033-0290: Placement of Persons under Civil Commitment — implements
- OAR 309-033-0300: Transfers Between Classes of Facilities — implements
- OAR 309-033-0310: Recertification for Continued Civil Commitment. — implements
- OAR 309-033-0320: Revocation of Conditional Release, Outpatient Commitment or Trial Visit — implements
- OAR 309-033-0330: Discharge of Civil Commitment for Persons under Civil Commitment and Placed in the Community — implements
- OAR 309-033-0400: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0420: Transportation and Transfer of Persons in Custody or On Diversion — implements
- OAR 309-033-0425: Provider Requirements for the Transportation and Transfer of Minors in Custody or by Consent of Legal Guardian — implements
- OAR 309-033-0430: Transportation of a Person under Civil Commitment to a State Hospital, Community Hospital or Nonhospital Facility — implements
- OAR 309-033-0432: Standards for the Approval of a Secure Transport Provider to Transport a Person in Custody or On Diversion to an Approved Holding Hospital or Nonhospital Facility — implements
- OAR 309-033-0435: Client Rights with Regards to a Secure Transport Provider — implements
- OAR 309-033-0437: Mechanical Restraint by a Secure Transport Provider — implements
- OAR 309-033-0500: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0520: Classes of Facility that Provide Care, Custody or Treatment to Persons under Civil Commitment or to Persons in Custody or on Diversion. — implements
- OAR 309-033-0530: Approval of Hospitals and Nonhospital Facilities to Provide Services to Persons under Civil Commitment and to Person in Custody and on Diversion — implements
- OAR 309-033-0540: Administrative Requirements for Hospitals and Nonhospital Facilities Approved to Provide Services to Persons in Custody. — implements
- OAR 309-033-0550: Standards for the Approval of Hospitals Detaining Persons in Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility. — implements
- OAR 309-033-0600: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0620: Obtaining Informed Consent to Treatment from a Person and the Administration of Significant Procedures Without the Informed Consent of a Person under Civil Commitment. — implements
- OAR 309-033-0625: Administration of Medication and Treatment without the Informed Consent of a Person in Custody — implements
- OAR 309-033-0630: Administration of Significant Procedures in Emergencies Without the Informed Consent of a Person under Civil Commitment — implements
- OAR 309-033-0640: Involuntary Administration of Significant Procedures to a Person under Civil Commitment with Good Cause — implements
- OAR 309-033-0700: Purpose and Scope — implements
- OAR 309-033-0720: Application, Training and Minimum Staffing Requirements — implements
- OAR 309-033-0720: Application, Training and Minimum Staffing Requirements — authority
- OAR 309-033-0725: Medical Services — implements
- OAR 309-033-0725: Medical Services — authority
- OAR 309-033-0727: Structural and Physical Requirements — implements
- OAR 309-033-0730: Seclusion and Restraint Procedures — implements
- OAR 309-033-0730: Seclusion and Restraint Procedures — authority
- OAR 309-033-0732: Time Limits — implements
- OAR 309-033-0732: Time Limits — authority
- OAR 309-033-0733: Documentation — implements
- OAR 309-033-0735: Quarterly Reports — implements
- OAR 309-033-0811: Declaration for Mental Health Treatment (DMHT) Standards and Processes — implements
- OAR 309-033-0815: Diversion from Commitment — implements
- OAR 309-033-0900: Statement of Purpose and Statutory Authority — implements
- OAR 309-033-0920: Certification of Mental Health Investigators — implements
- OAR 309-033-0930: Investigation of Persons Alleged to Have a Mental Illness — implements
- OAR 309-033-0940: The Investigation Report — implements
- OAR 309-033-0950: Certification of Mental Health Examiners — implements
- OAR 309-033-0960: Mental Health Examiner’s Report to the Court — implements
This rule cites
- ORS 426.005 — resolved
- 426.390 — resolved
- ORS 430.630 — resolved
- ORS 426.130 — resolved
- ORS 677.010 — resolved
- ORS 678.375 — resolved
- ORS 678.390 — resolved
- ORS chapter 685 — target_record_not_published
- ORS 426.232 — resolved
- 426.233 — resolved
- ORS 426.131 — resolved
- ORS 426.228 — resolved
- 426.231 — resolved
- 426.232 — resolved
Cited by
- ORS 127.711: Determination of incapacity; petition for judicial determination of incapacity.
- ORS 127.720: Circumstances in which physician or provider may disregard declaration.
- ORS 179.473: Transfers between institutions; rules.
- ORS 426.074: Investigation; procedure; content; report; declaration for mental health treatment.
- ORS 426.100: Advice of court; appointment of legal counsel; costs; representation of state’s interest.
- ORS 426.131: When person with mental illness is in need of treatment; danger to self; danger to others; unable to provide for basic personal needs; chronic mental disorder.
- ORS 426.133: Assisted outpatient treatment.
- ORS 426.155: Release of information about person held in custody pending commitment proceeding or while committed or recommitted.
- ORS 426.160: Disclosure of record of commitment proceeding.
- ORS 426.380: Availability of writ of habeas corpus.
- ORS 426.495: Definitions for ORS 426.490 to 426.500; rules.
- ORS 426.500: Powers and duties of Oregon Health Authority; rules.
- ORS 426.701: Commitment of “extremely dangerous” person with qualifying mental disorder; requirements for conditional release; rules.
- ORS 430.021: Functions of Department of Human Services and Oregon Health Authority; report to authority on use of restraint or seclusion; rules.
- ORS 430.653: Community mental health program funding study; reports.
- ORS 441.760: Definitions.
- ORS 656.319: Time within which hearing must be requested.
- ORS 677.225: Automatic suspension of license for mental illness or imprisonment; exception; termination of suspension.
- ORS 680.205: Services rendered under permit.
- OAR 291-047-0061: Hearings Process
- OAR 309-033-0200: Statement of Purpose and Statutory Authority
- OAR 309-033-0210: Definitions
- OAR 309-033-0220: General Standards
- OAR 309-033-0290: Placement of Persons under Civil Commitment
- OAR 309-033-0300: Transfers Between Classes of Facilities
- OAR 309-033-0310: Recertification for Continued Civil Commitment.
- OAR 309-033-0330: Discharge of Civil Commitment for Persons under Civil Commitment and Placed in the Community
- OAR 309-033-0400: Statement of Purpose and Statutory Authority
- OAR 309-033-0430: Transportation of a Person under Civil Commitment to a State Hospital, Community Hospital or Nonhospital Facility
- OAR 309-033-0500: Statement of Purpose and Statutory Authority
- OAR 309-033-0811: Declaration for Mental Health Treatment (DMHT) Standards and Processes
- OAR 309-033-0900: Statement of Purpose and Statutory Authority
- OAR 309-035-0105: Temporary rule language in effect until 11/25/2026. Definitions
- OAR 309-120-0080: Procedures for Transfer
- OAR 309-120-0215: Hearings Process
- OAR 410-173-0005: Temporary rule language in effect until 02/15/2027. Definitions
- OAR 416-425-0020: Procedures for Transfer
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors426.html