Oregon Revised Statutes Chapter 426 § 426.072 — Care while
Oregon Revised Statutes Chapter 426 ·
Oregon Code § 426.072·Enacted ·Last updated March 01, 2026
Statute Text
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 and to be in need of treatment is
placed in custody at the hospital or nonhospital facility:
(a) By a warrant
of detention under ORS 426.070;
(b) By a peace
officer under ORS 426.228 or other individual authorized under ORS 426.233; or
(c) By a licensed
independent practitioner under ORS 426.232.
(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.
(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 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.
(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
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 426.072
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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