2007 ORS § 426.235¹
Transfer between hospital and nonhospital facilities

(1) The community mental health and developmental disabilities program director may transfer a person in custody under ORS 426.232 (Physician emergency admission), 426.233 (Authority of community mental health and developmental disabilities program director and of other persons) or 426.237 (Prehearing detention) (1)(b) to a hospital or nonhospital facility approved by the Department of Human Services 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 treating physician and when the director of a nonhospital facility approved by the department agrees to admit the person.

(3) A person in custody at a nonhospital facility approved by the department may be transferred to a hospital approved by the department only when a physician 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 and developmental disabilities program director has all the powers provided in ORS 133.225 (Arrest by private person) and 161.255 (Use of physical force by private person making citizen's arrest) and may compel the assistance of any peace officer or other person.

(5) When a person is transferred under this section, the community mental health and developmental disabilities program director shall notify immediately the court notified under ORS 426.234 (Duties of professionals at facility where person admitted) (2) or (3) of the fact of the transfer and of the location of the person. [1993 c.484 §7]

Note: See note under 426.228 (Custody).