Oregon Code § 426.120·Enacted ·Last updated March 01, 2026
Statute Text
Examination report; rules.
(1) Examiners appointed under ORS 426.110 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, 40.235, 40.240 or 40.250. [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]