ORS 426.077: Diversion from commitment; offer; treatment plan; consent; duration; prohibited treatment; transfer between facilities; discharge; dismissal or recommencement of proceedings; rules.

(1) At any time before the conclusion of a hearing under ORS 426.095, the community mental health program director may offer a person alleged to have a mental illness and to be in need of treatment a diversion from commitment as an opportunity for intensive treatment if: (a) The community mental health program director and a licensed independent practitioner of a hospital or nonhospital facility have probable cause to believe the person has a mental illness and is in need of treatment; and (b)(A) The hospital or nonhospital facility is approved by the Oregon Health Authority; and (B) The community mental health program director and the licensed independent practitioner agree that the hospital or nonhospital facility can provide the intensive care or treatment for mental illness that is necessary and sufficient to meet the emergency psychiatric needs of the person. (2)(a) The community mental health program director shall provide notice of the offer of diversion from commitment: (A) In writing to the court having jurisdiction under ORS 426.060; and (B) Orally and in writing to the person alleged to have a mental illness and to be in need to treatment. (b) The notice under this subsection must include all of the following: (A) A written statement by the community mental health program director and the licensed independent practitioner, attesting that the director and the practitioner have probable cause to believe the person has a mental illness and is in need of treatment. (B) A diversion treatment plan described in subsection (3) of this section. (C) Notice of the person’s right to request and be provided with a hearing under ORS 426.070 to 426.170 at any time during the diversion from commitment. (D) Notice of the person’s rights regarding representation by or appointment of counsel. (E) The date and time the notice was given to the person. (3)(a) A licensed independent practitioner who files a statement described in subsection (2)(b)(A) of this section must, in consultation with the community mental health program director, prepare a diversion treatment plan for the person alleged to have a mental illness and to be in need of treatment. (b) The treatment plan must describe, in general terms, the types of treatment and medication to be provided to the person during the diversion. (c) The treatment plan must include, at a minimum: (A) A description of the medications to be administered; (B) The mental health interventions, therapies or diagnostic procedures to be employed; (C) The person’s preferences for medications and therapies; (D) Limitations on specific medications or therapies; (E) The location of services; and (F) Other conditions or limitations for treatment the practitioner determines are relevant. (4) Immediately upon receipt of a notice under subsection (2) of this section, the court shall: (a) Appoint legal counsel for the person, subject to ORS 426.100; and (b) Provide notice of the offer of diversion from commitment to the person’s legal counsel. (5)(a) Not later than close of the judicial day immediately following receipt of the notice under subsection (4) of this section, the person’s legal counsel, if any, shall review with the person the notice and the contents of the treatment plan. (b) If the person, after consultation with the person’s legal counsel, if any, does not consent to the offer of diversion from commitment, the hearing required by ORS 426.070 must be held no later than five judicial days following the person’s date of detention. (c) If the person, after consultation with the person’s legal counsel, if any, consents to the offer of diversion from commitment as set forth in the notice, the court shall postpone the hearing required by ORS 426.070 for 14 days from the date of consent. (6)(a) The community mental health program director may offer to extend the duration of a person’s diversion from commitment for up to 14 additional days if the criteria under subsection (1) of this section continue to be met. (b) If the person consents to the extension, the court shall postpone the hearing required under ORS 426.070 by an additional 14 days from the date of the person’s consent to the extension. (c) A person consenting to an extension under this subsection may not be held without a hearing as provided in ORS 426.070 for longer than 28 days from the date the person initially consented to the diversion from commitment. (7) During the period of a person’s diversion from commitment: (a) 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. (b) Except when the person expressly refuses treatment, the treating licensed independent practitioner shall treat the person within the scope of the treatment plan provided to the person with the notice of the offer of diversion from commitment. (c) If the person expressly refuses treatment: (A) The treating licensed independent practitioner shall notify the community mental health program director; (B) The community mental health program director shall immediately notify the person and the person’s legal counsel, if any, that the person’s refusal of treatment may result in the recommencement of commitment proceedings; and (C) If, after providing the person with at least one judicial day to resume treatment following receipt of the notice under subparagraph (B) of this paragraph, the community mental health program director determines that the person is likely to continue to refuse treatment, the community mental health program director may request a hearing as provided in subsection (12) of this section. (d)(A) If the person is in a hospital, the licensed independent practitioner who is treating the person shall discharge the person from the hospital and the community mental health program director shall transfer the person to the nonhospital facility for the remainder of the diversion from commitment if the community mental health program director and the treating licensed independent practitioner agree that the nonhospital facility can provide the care or treatment for mental illness that is necessary and sufficient to meet the emergency needs of the person. (B) Notwithstanding subparagraph (A) of this paragraph, the treating licensed independent practitioner shall retain the person in the hospital if, in the opinion of the treating licensed independent practitioner, the person’s condition requires the person to receive medical care or treatment in the hospital. (e) If the person is in a nonhospital facility, the community mental health program director shall transfer the person to a hospital approved by the authority under the following conditions: (A) If, in the opinion of a licensed independent practitioner, the person’s condition requires the person to receive medical care or treatment in a hospital; and (B) The licensed independent practitioner agrees to admit the person to a hospital, approved by the authority, where the licensed independent practitioner has admitting privileges. (f) If the person is transferred as provided in paragraph (d) or (e) of this subsection, the community mental health program director shall provide notice of the person’s location to the person’s legal counsel, if any, and the circuit court in the county where the notice under subsection (2) of this section was filed. The person may appeal the transfer as provided by rules of the authority. (8) A person may be discharged from the diversion from commitment at any time if: (a) The person is in a hospital and the licensed independent practitioner who is treating the person has: (A) Determined that the person no longer requires care in the hospital setting; (B) Informed the community mental health program director; and (C) Conferred with the person’s next of kin and, if applicable, guardian, to the extent allowed under ORS 192.567. (b) The person is in a nonhospital facility and the community mental health program director has: (A) Determined that the person no longer requires care in the nonhospital facility; (B) Conferred with the licensed independent practitioner who is treating the person; and (C) Conferred with the person’s next of kin and, if applicable, guardian, if the person consented to the consultation. (9) Immediately upon a person’s discharge from the diversion from commitment, if the person was discharged pursuant to subsection (8) of this section, the community mental health program director shall provide notice of the person’s discharge to the person’s legal counsel, if any, and the circuit court in the county in which the notice under subsection (2) of this section was initially filed. (10) The person may agree to voluntary treatment at any time during the diversion from commitment. When a person agrees to voluntary treatment under this subsection, the community mental health program director shall immediately provide notice of the person’s agreement to the person’s legal counsel, if any, and the circuit court in the county in which the notice under subsection (2) of this section was initially filed. (11) When the circuit court receives notification under subsection (9) or (10) of this section, the court shall dismiss the case. (12) The judge of the circuit court shall immediately commence proceedings under ORS 426.070 to 426.170 when the person consenting to a diversion from commitment or the community mental health program director requests a hearing. The hearing shall be held without unreasonable delay. In no case may the person be held in a hospital or nonhospital facility longer than five judicial days after the request for a hearing is made without a hearing being held under ORS 426.070 to 426.170. (13) The authority shall adopt rules for the implementation of this section. [2025 c.559 §8]