ORS 426.150: Transportation to treatment facility.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Upon receipt of the order of commitment, the Oregon Health Authority or its designee shall take the person with mental illness into its custody, and ensure the safekeeping and proper care of the person until the person is delivered to an assigned treatment facility or to a representative of the assigned treatment facility. The representative of the assigned treatment facility, accompanied by any assistants the authority or its designee may deem necessary, shall proceed to the place where the person is in custody, and upon demand shall be given custody of the person, together with the certified record required by ORS 426.170. The representative shall issue appropriate receipts and immediately transport the person safely to the assigned treatment facility and deliver the person and the record to the director or a designated employee of the facility. In taking custody of the person, the authority, its designee or the representative of the facility has all the powers provided by ORS 133.225 and 161.255 and may require the assistance of any peace officer or other authorized individual. (2) The committing judge, upon approval of the examining physicians or other qualified professionals as recommended by the authority and upon request of a legal guardian, friend or relative of the person with mental illness, may authorize the legal guardian, friend or relative to transport the person to the assigned facility when the committing judge determines that means of transportation would not be detrimental to the welfare of the person or to the public. [Amended by 1963 c.325 §1; 1973 c.838 §24; 1975 c.690 §10; 2009 c.595 §395; 2013 c.360 §33] (Disclosure of Records and Information)
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 309-033-0725: 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
This rule cites
- ORS 426.170 — resolved
- ORS 133.225 — resolved
- 161.255 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors426.html