Oregon Revised Statutes Chapter 426 § 426.070 — must be held no later than five judicial days following the person’s

must be held no later than five judicial days following the person’s date of detention. (c) If the person, after consultation with the person’s legal counsel, if any, consents to the offer of diversion from commitment as set forth in the notice, the court shall postpone the hearing required by ORS 426.070 for 14 days from the date of consent. (6)(a) The community mental health program director may offer to extend the duration of a person’s diversion from commitment for up to 14 additional days if the criteria under subsection (1) of this section continue to be met. (b) If the person consents to the extension, the court shall postpone the hearing required under ORS 426.070 by an additional 14 days from the date of the person’s consent to the extension. (c) A person consenting to an extension under this subsection may not be held without a hearing as provided in ORS 426.070 for longer than 28 days from the date the person initially consented to the diversion from commitment. (7) During the period of a person’s diversion from commitment: (a) The person may not be subjected to unusual or hazardous treatment procedures, including convulsive therapy, and shall receive usual and customary treatment in accordance with medical standards in the community. (b) Except when the person expressly refuses treatment, the treating licensed independent practitioner shall treat the person within the scope of the treatment plan provided to the person with the notice of the offer of diversion from commitment. (c) If the person expressly refuses treatment: (A) The treating licensed independent practitioner shall notify the community mental health program director; (B) The community mental health program director shall immediately notify the person and the person’s legal counsel, if any, that the person’s refusal of treatment may result in the recommencement of commitment proceedings; and (C) If, after providing the person with at least one judicial day to resume treatment following receipt of the notice under subparagraph (B) of this paragraph, the community mental health program director determines that the person is likely to continue to refuse treatment, the community mental health program director may request a hearing as provided in subsection (12) of this section. (d)(A) If the person is in a hospital, the licensed independent practitioner who is treating the person shall discharge the person from the hospital and the community mental health program director shall transfer the person to the nonhospital facility for the remainder of the diversion from commitment if the community mental health program director and the treating licensed independent practitioner agree that the nonhospital facility can provide the care or treatment for mental illness that is necessary and sufficient to meet the emergency needs of the person. (B) Notwithstanding subparagraph (A) of this paragraph, the treating licensed independent practitioner shall retain the person in the hospital if, in the opinion of the treating licensed independent practitioner, the person’s condition requires the person to receive medical care or treatment in the hospital. (e) If the person is in a nonhospital facility, the community mental health program director shall transfer the person to a hospital approved by the authority under the following conditions: (A) If, in the opinion of a licensed independent practitioner, the person’s condition requires the person to receive medical care or treatment in a hospital; and (B) The licensed independent practitioner agrees to admit the person to a hospital, approved by the authority, where the licensed independent practitioner has admitting privileges. (f) If the person is transferred as provided in paragraph (d) or (e) of this subsection, the community mental health program director shall provide notice of the person’s location to the person’s legal counsel, if any, and the circuit court in the county where the notice under subsection (2) of this section was filed. The person may appeal the transfer as provided by rules of the authority. (8) A person may be discharged from the diversion from commitment at any time if: (a) The person is in a hospital and the licensed independent practitioner who is treating the person has: (A) Determined that the person no longer requires care in the hospital setting; (B) Informed the community mental health program director; and (C) Conferred with the person’s next of kin and, if applicable, guardian, to the extent allowed under ORS 192.567. (b) The person is in a nonhospital facility and the community mental health program director has: (A) Determined that the person no longer requires care in the nonhospital facility; (B) Conferred with the licensed independent practitioner who is treating the person; and (C) Conferred with the person’s next of kin and, if applicable, guardian, if the person consented to the consultation.