Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 426.075

Notice and records of treatment prior to hearing; procedures

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      426.075 Notice and records of treatment prior to hearing; procedures. This section establishes procedures that are required to be followed before the hearing if a court, under ORS 426.070, orders a hearing under ORS 426.095. The following apply as described:

      (1) The court shall be fully advised of all drugs and other treatment known to have been administered to the person alleged to have a mental illness and to be in need of treatment that may substantially affect the ability of the person to prepare for or function effectively at the hearing. The following shall advise the court as required by this subsection:

      (a) When not otherwise provided by paragraph (b) of this subsection, the community mental health program director or designee.

      (b) When the person has been detained by a warrant of detention under ORS 426.070 or under ORS 426.180, 426.228, 426.232 or 426.233, the treating licensed independent practitioner.

      (2) The court shall appoint examiners under ORS 426.110 sufficiently in advance of the hearing so that the examiners may begin their preparation for the hearing. The records established by the Oregon Health Authority by rule and the investigation report shall be made available to the examiners at least 24 hours before the hearing in order that the examiners may review the medical record and have an opportunity to inquire of the medical personnel concerning the treatment during the detention period prior to the hearing of the person alleged to have a mental illness and to be in need of treatment.

      (3) The medical record described in subsection (2) of this section shall be made available at least 24 hours prior to the hearing to counsel for the person alleged to have a mental illness and to be in need of treatment.

      (4) When requested by a party to the action, the party’s attorney shall subpoena licensed independent practitioners who are or have been treating the person. Any treating licensed independent practitioner subpoenaed under this subsection shall be subpoenaed as an expert witness. [1973 c.838 §8; 1975 c.690 §3; 1979 c.408 §2; 1987 c.903 §12; 1989 c.189 §1; 1993 c.484 §15; 2009 c.595 §388; 2013 c.360 §21; 2015 c.461 §5; 2025 c.559 §21]

Notes of Decisions
Cited in 11 cases (8 in the last 5 years), 1976–2025 · leading case: O'Neill v. O'Neill
Sort: Relevance Newest Treatment
O'Neill v. O'Neill (1976) or · cites it 4× “215(5) provides: «:¡í * * * * *73 "(5) Persons hospitalized under this section shall receive the care, custody and treatment required for their mental and physical health and safety, and the treating physician shall report such care, custody and treatment to the court as…”
State v. C. T. (2024) orctapp “First, appellant asserts that he was deprived of the procedural protection in ORS 426.075(2), which requires the court to “appoint examiners under ORS 426.”
State v. J. K. (2025) orctapp · cites it 4× “First, appellant contends that he was denied the procedural protections contained within ORS 426.075(2), which states that the court “shall appoint examiners under ORS 426.”
State v. K. G. (2024) orctapp · cites it 2× “070(5)(a); ORS 426.075(2); ORS 426.110(1). The mental health examiner reviews med- ical records; examines the person, which, as discussed further below, may occur before the hearing; attends the hearing and examines the person in court; and makes a rec- ommendation to the court…”
State v. Evjen (1992) orctapp · cites it 2× “Two examiners appointed under ORS 426.075(2) testified that appellant did not meet the criteria for commitment.”
State v. R. V. J. (2025) orctapp · cites it 3× “” See ORS 426.075(2) (“The records established by the Oregon Health Authority by rule and the investigation report shall be made available to the examiners at least 24 hours before the hearing in order that the examiners may review the medical record and have an opportunity to…”
State v. D. P. (2025) orctapp “120 (2023) (requiring examiners to exam- ine the person alleged to be mentally ill and initiate that examination prior to the hearing); ORS 426.075(2) (2023), amended by Or Laws 2025, ch 559, § 21 (requiring medical records be made available to examiners at least 24 hours 788…”
State v. R. V. J. (2025) orctapp · cites it 3× “” See ORS 426.075(2) (“The records established by the Oregon Health Authority by rule and the investigation report shall be made available to the examiners at least 24 hours before the hearing in order that the examiners may review the medical record and have an opportunity to…”
State v. C. T. (2024) orctapp “First, appellant asserts that he was deprived of the procedural protection in ORS 426.075(2), which requires the court to “appoint examiners under ORS 426.”
State v. D. P. (2025) orctapp “120 (2023) (requiring examiners to exam- ine the person alleged to be mentally ill and initiate that examination prior to the hearing); ORS 426.075(2) (2023), amended by Or Laws 2025, ch 559, § 21 (requiring medical records be made available to examiners at least 24 hours 788…”
State v. Vonahlefeld (1996) orctapp · cites it 2× “However, there is no expressed connection between ORS 426.075(2) and 426.100(1) in any of the relevant statutes.”
— Or. Rev. Stat. § 426.075(2) — 10 cases
State v. C. T. (2024) orctapp “First, appellant asserts that he was deprived of the procedural protection in ORS 426.075(2), which requires the court to “appoint examiners under ORS 426.”
State v. J. K. (2025) orctapp “First, appellant contends that he was denied the procedural protections contained within ORS 426.075(2), which states that the court “shall appoint examiners under ORS 426.”
State v. K. G. (2024) orctapp “070(5)(a); ORS 426.075(2); ORS 426.110(1). The mental health examiner reviews med- ical records; examines the person, which, as discussed further below, may occur before the hearing; attends the hearing and examines the person in court; and makes a rec- ommendation to the court…”
State v. Evjen (1992) orctapp “Two examiners appointed under ORS 426.075(2) testified that appellant did not meet the criteria for commitment.”
State v. R. V. J. (2025) orctapp “” See ORS 426.075(2) (“The records established by the Oregon Health Authority by rule and the investigation report shall be made available to the examiners at least 24 hours before the hearing in order that the examiners may review the medical record and have an opportunity to…”
— Or. Rev. Stat. § 426.075(3) — 2 cases
State v. R. V. J. (2025) orctapp “” See ORS 426.075(2) (“The records established by the Oregon Health Authority by rule and the investigation report shall be made available to the examiners at least 24 hours before the hearing in order that the examiners may review the medical record and have an opportunity to…”
State v. R. V. J. (2025) orctapp “” See ORS 426.075(2) (“The records established by the Oregon Health Authority by rule and the investigation report shall be made available to the examiners at least 24 hours before the hearing in order that the examiners may review the medical record and have an opportunity to…”
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