ORS 426.072: Care while in custody; responsibilities of licensed independent practitioner; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A hospital or nonhospital facility must comply with provisions of subsection (2) of this section when a person alleged to have a mental illness and to be in need of treatment 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 individual authorized under ORS 426.233; or (c) By a licensed independent practitioner under ORS 426.232. (2) In circumstances described under subsection (1) of this section, the hospital or nonhospital facility and a treating licensed independent practitioner must comply with all the following: (a) The person shall receive the care, custody and treatment required for mental and physical health and safety. (b) The treating licensed independent practitioner 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 licensed independent practitioner. However, the person may not be subjected to unusual or hazardous treatment procedures, including convulsive therapy, and shall receive usual and customary treatment in accordance with medical standards in the community. (d) The treating licensed independent practitioner shall be notified immediately of any seclusion of the person or use of mechanical restraints on the person. Every use of seclusion or mechanical restraint and the reasons for the use shall be made a part of the clinical record of the person over the signature of the treating licensed independent practitioner. (e) The treating licensed independent practitioner shall give the person the warning under ORS 426.123 at times the treating licensed independent practitioner determines the person will reasonably understand the notice. This paragraph only requires the notice to be given as often as the licensed independent practitioner determines is necessary to assure that the person is given an opportunity to be aware of the notice. (3) The Oregon Health Authority 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; 2009 c.595 §386; 2013 c.360 §19; 2015 c.81 §1; 2015 c.461 §3; 2025 c.559 §20]
Administrative rules citing this section
- OAR 309-008-0100: Purpose and Scope — authority
- 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 309-033-0725: Medical Services — implements
- OAR 309-033-0727: Structural and Physical Requirements — implements
- OAR 309-033-0730: Seclusion and Restraint Procedures — implements
- OAR 309-033-0732: Time Limits — implements
- 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
- OAR 309-040-0305: Temporary rule language in effect until 12/01/2026. Definitions — implements
This rule cites
- ORS 426.070 — resolved
- ORS 426.228 — resolved
- ORS 426.233 — resolved
- ORS 426.232 — resolved
- ORS 426.075 — resolved
- ORS 426.123 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors426.html