Or. Rev. Stat. § 426.005

Current through 2020 1st Special Session
Section 426.005
(1) As used in ORS 426.005 to 426.390, unless the context requires otherwise:
(a) "Community mental health program director" means the director of an entity that provides the services described in ORS 430.630(3) to (5).
(b) "Director of the facility" means a superintendent of a state mental hospital, the chief of psychiatric services in a community hospital or the person in charge of treatment and rehabilitation programs at other treatment facilities.
(c) "Facility" means a state mental hospital, community hospital, residential facility, detoxification center, day treatment facility or such other facility as the authority determines suitable that provides diagnosis and evaluation, medical care, detoxification, social services or rehabilitation to persons who are in custody during a prehearing period of detention or who have been committed to the Oregon Health Authority under ORS 426.130.
(d) "Licensed independent practitioner" means:
(A) A physician, as defined in ORS 677.010;
(B) A nurse practitioner licensed under ORS 678.375 and authorized to write prescriptions under ORS 678.390; or
(C) A naturopathic physician licensed under ORS chapter 685.
(e) "Nonhospital facility" means any facility, other than a hospital, that is approved by the authority to provide adequate security, psychiatric, nursing and other services to persons under ORS 426.232 or 426.233.
(f) "Person with mental illness" means a person who, because of a mental disorder, is one or more of the following:
(A) Dangerous to self or others.
(B) Unable to provide for basic personal needs that are necessary to avoid serious physical harm in the near future, and is not receiving such care as is necessary to avoid such harm.
(C) A person:
(i) With a chronic mental illness, as defined in ORS 426.495;
(ii) Who, within the previous three years, has twice been placed in a hospital or approved in-patient facility by the authority or the Department of Human Services under ORS 426.060;
(iii) Who is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or inpatient placements referred to in sub-subparagraph (ii) of this subparagraph; and
(iv) Who, unless treated, will continue, to a reasonable medical probability, to physically or mentally deteriorate so that the person will become a person described under either subparagraph (A) or (B) of this paragraph or both.
(g) "Prehearing period of detention" means a period of time calculated from the initiation of custody during which a person may be detained under ORS 426.228, 426.231, 426.232 or 426.233.
(2) Whenever a community mental health program director, director of the facility, superintendent of a state hospital or administrator of a facility is referred to, the reference includes any designee such person has designated to act on the person's behalf in the exercise of duties.

ORS 426.005

Amended by 2019 Ch. 358,§ 11, eff. 6/13/2019, op. 1/1/2020.
Amended by 2017 Ch. 356,§ 47, eff. 1/1/2018.