Or. Admin. R. 309-033-0250 - Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention
(1) Criteria for
placement into custody. Only persons who are a danger to self or others and who
are in need of treatment for mental illness shall be placed in custody at a
facility approved by the Division.
(2) Warrant of detention.
(a) Upon the receipt of a warrant of
detention issued by the court pursuant to ORS
426.070,
the director or the sheriff of the county shall take the person into custody
and remove the person to a community hospital or nonhospital facility that is
licensed under ORS Chapter 441, other than an institution listed in ORS
426.010.
Whoever takes the person into custody shall inform the person of his/her rights
with regard to representation by or appointment of counsel as described in ORS
426.100
and be given the warning described under ORS
426.123
and OAR 309-033-0540. The director of the community hospital or nonhospital
facility may refuse to admit the individual if a licensed independent
practitioner, after reviewing the documents accompanying the individual, is not
satisfied that an emergency exists or that the individual is dangerous to self
or others and in need of immediate care, custody or treatment for mental
illness.
(b) In cases where the
state hospital initiated the civil commitment proceeding and the patient is
already at the state hospital, the patient shall remain at the state hospital
upon the receipt of the warrant of detention.
(3) Hospital hold. Only a physician with
admitting privileges or on staff at a hospital approved by the Division and who
has completed a face-to-face examination of the person may retain the person in
custody in the hospital as provided by ORS
426.232.
When implementing hospital holds, the hospital shall assure the following:
(a) The consulting physician is not required
to have admitting privileges at the hospital;
(b) The hospital shall not require the
consulting QMHP to be a member of the hospital's allied staff. However, the
hospital may extend allied staff privileges to the consulting QMHP;
(c) The admitting physician shall document
the following information on the NMI, retaining a copy of the NMI in the
clinical record:
(A) Examples of indicators
that support the physician's belief that the person has a mental
illness;
(B) Examples of thoughts,
plans, means, actions, history of dangerousness or other indicators that
support the physician's belief that the person is imminently
dangerous.
(4) Peace officer custody requested by
director. This section establishes standards and procedures for a director to
direct a peace officer to take into custody a person who the director has
probable cause to believe is dangerous to self or any other person and who the
director has probable cause to believe is in need of immediate care, custody or
treatment for mental illness:
(a) A county
governing body may authorize the director, or a person named and recommended by
the director, to direct a peace officer or approved secure transport provider
to take allegedly mentally ill persons into custody. Such an authorization
shall be made formally and in writing by the county governing body of the
director. The director shall keep a copy of each authorization in each person's
personnel file:
(b) Prior to
directing a peace officer or approved secure transport provider to take a
person into custody, a director shall have face-to-face contact with the person
and document on forms approved by the Division, the evidence for probable cause
to believe that the person is:
(A) Dangerous
to self or others; and
(B) In need
of immediate care, custody or treatment for a mental illness.
(5) When a person in
custody can be released. A person shall who is detained, in custody, or on a
hold shall be released as described:
(a)
Physician's release of a person on peace officer custody. When a person is
brought to a hospital by a peace officer or approved secure transport provider
pursuant to ORS
426.228,
Peace Officer Custody, the treating physician shall release the person if, upon
initial examination prior to admission, the physician makes the determination
that the person is not dangerous to self or others. It is not necessary to
notify the court of the release;
(b) Physician's release of a person on
transport custody. At any time during the 12 hour detention period, the
treating physician shall release a person detained pursuant to ORS
426.231,
Transport Custody, whenever the physician makes the determination that the
person is not dangerous to self or others. In no case shall a physician
involuntarily detain a person at a hospital approved solely for Transport
Custody under OAR 309-033-0550 longer than 12 hours. It is not necessary to
notify the court of the release;
(c) Physician's release of a person on a
hospital hold. The treating physician shall release a person retained or
admitted to a hospital pursuant to ORS
426.232,
Hospital Hold, whenever the physician makes the determination that the person
is not dangerous to self or others. The treating physician shall immediately
notify the director and the circuit court where the NMI was filed. See OAR
309-033-0240; or
(d) Director's
release of a person on a nonhospital hold. The director shall release a person
detained in a nonhospital facility, approved under OAR 309-033-0530, pursuant
to ORS
426.233,
Nonhospital Hold, whenever the director, in consultation with a physician,
makes the determination that the person is not dangerous to self or others. The
director shall immediately notify the circuit court.
(6) When a person in custody cannot be
released. Once the person is admitted to a hospital or nonhospital facility, a
person taken into custody pursuant to ORS
426.070
(warrant of detention), may only be released by the court. However, a person
may be discharged from a hospital or nonhospital facility when the person is
transferred to another approved facility.
Notes
Statutory/Other Authority: ORS 413.042, 426.070, 426.231, 426.232, 426.233 & 426.234
Statutes/Other Implemented: ORS 426.005 - 426.395
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.