ORS 426.120¹
Examination report
  • rules

(1) Examiners appointed under ORS 426.110 (Appointment of examiners) shall do all of the following:

(a) Examine the person as to mental condition.

(b) Initiate the examination process prior to the hearing. Any failure to comply with this paragraph shall not, in itself, constitute sufficient grounds to challenge the examination conducted by an examiner.

(c) Make their separate reports in writing, under oath, to the court.

(d) Upon completion of the hearing, file the reports with the clerk of the court.

(2) The following is a nonexclusive list of requirements relating to the content of examination reports prepared under subsection (1) of this section:

(a) If the examiners find, and show by their reports, that the person examined is a person with mental illness, the reports shall include a recommendation as to the type of treatment facility best calculated to help the person recover from mental illness.

(b) Each report shall also advise the court whether in the opinion of the examiner the person with mental illness would cooperate with and benefit from a program of voluntary treatment.

(c) Reports shall contain the information required by the Oregon Health Authority by rule. The authority shall adopt rules necessary to carry out this paragraph.

(3) The examiner shall be allowed access to licensed independent practitioners, nurses or social workers and to medical records compiled during the current involuntary prehearing period of detention and the investigation report. Records and communications described in this subsection and related communications are not privileged under ORS 40.230 (Rule 504. Psychotherapist-patient privilege), 40.235 (Rule 504-1. Physician-patient privilege), 40.240 (Rule 504-2. Nurse-patient privilege) or 40.250 (Rule 504-4. Regulated social worker-client privilege). [Amended by 1973 c.838 §11; 1975 c.690 §7; 1987 c.903 §16; 1997 c.649 §3; 2009 c.595 §391; 2013 c.360 §26; 2015 c.461 §7]

Notes of Decisions

Where defendant in involuntary commit­ment pro­ceed­ing asserted he was denied due process because investigator misled him as to how soon hearing would take place and did not take long enough to complete investiga­tion but defendant did not assert that investiga­tion report was inaccurate or incomplete, due process viola­tion was not es­tab­lished. State v. Pieretti, 110 Or App 379, 823 P2d 426 (1991), Sup Ct review denied

Atty. Gen. Opinions

Mental Health Division recogni­tion of commit­ment order issued by Indian tribal court, (1979) Vol 40, p 31

Law Review Cita­tions

53 OLR 245-270 (1974)

Notes of Decisions

The doctor-patient privilege applies under these sec­tions. State v. O’Neill, 274 Or 59, 545 P2d 97 (1976)

Prior to commit­ment there must be evidence proving beyond a reasonable doubt that the individual is mentally ill as defined. State v. O’Neill, 274 Or 59, 545 P2d 97 (1976)

The Oregon commit­ment statutes are not unconstitu­tional on the grounds of vagueness or as an invasion of privacy as protected by the Ninth and Fourteenth Amend­ments to the United States Constitu­tion. State v. O’Neill, 274 Or 59, 545 P2d 97 (1976)

Oregon Constitu­tion did not require jury in mental commit­ment hearings. State v. Mills, 36 Or App 727, 585 P2d 1143 (1978), Sup Ct review denied

Alleged mentally ill per­son does not have right to remain silent in civil commit­ment pro­ceed­ing. State v. Matthews, 46 Or App 757, 613 P2d 88 (1980), Sup Ct review denied

Law Review Cita­tions

9 WLJ 63-85 (1973)

Chapter 426

Notes of Decisions

The entire statutory scheme of involuntary commit­ment provides adequate procedural safeguards which satisfies the require­ments of due process and equal protec­tion. Dietrich v. Brooks, 27 Or App 821, 558 P2d 357 (1976), Sup Ct review denied

Atty. Gen. Opinions

County of residence paying mental commit­ment costs, (1979) Vol 40, p 147; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 448 (1979)

1 Legislative Counsel Committee, CHAPTER 426—Persons With Mental Illness; Dangerous Persons; Commitment; Housing, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors426.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 426, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano426.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information