Chapter 279 Oregon Laws 2011

AN ACT

HB 2107

Relating to declarations for mental health; amending ORS 127.720.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 127.720 is amended to read:

127.720. (1) The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only:

(a) If the principal is committed to the Oregon Health Authority pursuant to ORS 426.005 to 426.390 and treatment is authorized in compliance with ORS 426.385 (3) and administrative rule[; or].

(b) If treatment is authorized in compliance with administrative rule and:

(A) The principal is committed to a state hospital or secure intensive community inpatient facility:

(i) As a result of being found guilty except for insanity under ORS 161.295 or responsible except for insanity under ORS 419C.411;

(ii) Under ORS 161.365; or

(iii) Under ORS 161.370; or

(B) The principal is transferred to a state hospital or other facility under ORS 179.473 or 419C.530.

[(b)] (c) In cases of emergency endangering life or health.

(2) A declaration does not limit any authority provided in ORS 426.005 to 426.390 either to take a person into custody, or to admit, retain or treat a person in a health care facility.

Approved by the Governor June 9, 2011

Filed in the office of Secretary of State June 9, 2011

Effective date January 1, 2012

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