2015 ORS § 426.072¹
Care while in custody
  • responsibilities of licensed independent practitioner
  • rules

(1) A hospital or nonhospital facility must comply with provisions of subsection (2) of this section when a person alleged to have a mental illness is placed in custody at the hospital or nonhospital facility:

(a) By a warrant of detention under ORS 426.070 (Initiation);

(b) By a peace officer under ORS 426.228 (Custody) or other individual authorized under ORS 426.233 (Authority of community mental health program director and of other individuals); or

(c) By a licensed independent practitioner under ORS 426.232 (Emergency admission).

(2) In circumstances described under subsection (1) of this section, the hospital or nonhospital facility and a treating licensed independent practitioner must comply with all the following:

(a) The person shall receive the care, custody and treatment required for mental and physical health and safety.

(b) The treating licensed independent practitioner shall report any care, custody and treatment to the court as required in ORS 426.075 (Notice and records of treatment prior to hearing).

(c) All methods of treatment, including the prescription and administration of drugs, shall be the sole responsibility of the treating licensed independent practitioner. However, the person shall not be subject to electroshock therapy or unduly hazardous treatment and shall receive usual and customary treatment in accordance with medical standards in the community.

(d) The treating licensed independent practitioner shall be notified immediately of any seclusion of the person or use of mechanical restraints on the person. Every use of seclusion or mechanical restraint and the reasons for the use shall be made a part of the clinical record of the person over the signature of the treating licensed independent practitioner.

(e) The treating licensed independent practitioner shall give the person the warning under ORS 426.123 (Observation of person in custody) at times the treating licensed independent practitioner determines the person will reasonably understand the notice. This paragraph only requires the notice to be given as often as the licensed independent practitioner determines is necessary to assure that the person is given an opportunity to be aware of the notice.

(3) The Oregon Health Authority shall adopt rules necessary to carry out this section, including rules regarding the content of the medical record compiled during the current period of custody. [1987 c.903 §9; 1993 c.484 §13; 1997 c.531 §1; 2009 c.595 §386; 2013 c.360 §19; 2015 c.81 §1; 2015 c.461 §3]