ORS 426.232: Emergency admission; notice; limit of hold.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) If a licensed independent practitioner believes a person who is brought to a hospital or nonhospital facility by a peace officer under ORS 426.228 or by an individual authorized under ORS 426.233, or believes a person who is at a hospital or nonhospital facility, is a danger to self or others and is in need of emergency care or treatment for mental illness, and the licensed independent practitioner is not related to the person by blood or marriage, the licensed independent practitioner may do one of the following: (a) Detain the person and cause the person to be admitted or, if the person is already admitted, cause the person to be retained in a hospital where the licensed independent practitioner has admitting privileges or is on staff. (b) Approve the person for emergency care or treatment at a nonhospital facility approved by the authority. (2) When approving a person for emergency care or treatment at a nonhospital facility under this section, the licensed independent practitioner shall notify immediately the community mental health program director in the county where the person was taken into custody and maintain the person, if the person is being held at a hospital, for as long as is feasible given the needs of the person for mental or physical health or safety. However, under no circumstances may the person be held for longer than five judicial days. [1993 c.484 §4; 1995 c.201 §3; 1997 c.531 §4; 2009 c.595 §404; 2013 c.360 §40; 2015 c.461 §13; 2025 c.559 §29]
Official history and status
History: Note: See note under 426.228.
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 426.228 — resolved
- ORS 426.233 — resolved
Cited by
- ORS 426.005: Definitions for ORS 426.005 to 426.390.
- ORS 426.072: Care while in custody; responsibilities of licensed independent practitioner; rules.
- ORS 426.075: Notice and records of treatment prior to hearing; procedures.
- ORS 426.095: Commitment hearing; postponement; right to cross-examine; admissibility of investigation report.
- ORS 426.100: Advice of court; appointment of legal counsel; costs; representation of state’s interest.
- ORS 426.130: Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; assisted outpatient treatment; prohibition relating to firearms; period of commitment.
- ORS 426.155: Release of information about person held in custody pending commitment proceeding or while committed or recommitted.
- ORS 426.165: Withholding information obtained in certain commitment or admission investigations.
- ORS 426.228: Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person.
- ORS 426.233: Authority of community mental health program director and of other individuals; costs of transportation.
- ORS 426.234: Duties of professionals at facility where person admitted; notification; duties of court.
- ORS 426.235: Transfer between hospital and nonhospital facilities.
- ORS 426.237: Prehearing detention; duties of community mental health program director; court proceedings.
- ORS 426.313: Payment of care, custody and treatment costs; denial of payment; rules.
- ORS 426.335: Limitations on liability.
- ORS 430.197: Mental Health Services Fund.
- OAR 309-033-0210: Definitions
- OAR 309-033-0230: Custody
- OAR 309-033-0240: Initiation of the Civil Commitment Process
- OAR 309-033-0250: Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention
- OAR 309-033-0265: The Authority’s Denial of Payment for Services to Persons in Custody or on Diversion
- 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.
- OAR 309-033-0700: Purpose and Scope
- OAR 309-033-0811: Declaration for Mental Health Treatment (DMHT) Standards and Processes
- OAR 309-033-0930: Investigation of Persons Alleged to Have a Mental Illness
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors426.html