ORS 426.235: Transfer between hospital and nonhospital facilities.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The community mental health program director may transfer a person in custody under ORS 426.077, 426.232 or 426.233 to a hospital or nonhospital facility approved by the Oregon Health Authority at any time during the period of detention. (2) A person in custody at a hospital may be transferred from the hospital only with the consent of the licensed independent practitioner who is treating the person and when the director of a nonhospital facility approved by the authority agrees to admit the person. (3) A person in custody at a nonhospital facility approved by the authority may be transferred to a hospital approved by the authority only when a licensed independent practitioner with admitting privileges agrees to admit the person. (4) In transporting a person between a hospital and nonhospital facility under this section, the community mental health program director has all the powers provided in ORS 133.225 and 161.255 and may compel the assistance of any peace officer or other authorized individual. (5) When a person is transferred under this section, the community mental health program director shall notify immediately the court notified under ORS 426.234 (2) or (3) of the fact of the transfer and of the location of the person. [1993 c.484 §7; 2009 c.595 §407; 2013 c.360 §43; 2015 c.461 §16; 2025 c.559 §32]
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 426.077 — resolved
- 426.232 — resolved
- 426.233 — resolved
- ORS 133.225 — resolved
- 161.255 — resolved
- ORS 426.234 — resolved
Cited by
- ORS 426.035: Classifying facilities.
- ORS 426.060: Commitment to Oregon Health Authority; powers of authority; placement; transfer.
- ORS 426.074: Investigation; procedure; content; report; declaration for mental health treatment.
- ORS 426.223: Retaking persons in custody of or committed to Oregon Health Authority; assistance of peace officers and others.
- ORS 426.233: Authority of community mental health program director and of other individuals; costs of transportation.
- ORS 426.236: Rules.
- ORS 426.275: Effect of failure to adhere to condition of placement.
- ORS 426.313: Payment of care, custody and treatment costs; denial of payment; rules.
- ORS 426.335: Limitations on liability.
- OAR 309-091-0005: Definitions
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors426.html