426.110
Appointment of examiners; qualifications; costs. The following requirements
relating to the appointment of examiners for purposes of a hearing under ORS
426.095 or 426.701 and 426.702 apply as described:
(1) The judge
shall appoint one qualified examiner. If requested, the judge shall appoint one
additional qualified examiner. A request for an additional examiner under this
subsection must be made in writing and must be made by the person alleged to
have a mental illness or the attorney for the person.
(2) To be
qualified for purposes of this section, an examiner must:
(a) Agree to be
an examiner.
(b) Be one of the
following:
(A) A physician
licensed by the Oregon Medical Board who is competent to practice psychiatry as
provided by the Oregon Health Authority or the Psychiatric Security Review
Board by rule.
(B) Certified by
the authority or the Psychiatric Security Review Board as a mental health
examiner qualified to make examinations for involuntary commitment proceedings.
(3) The authority
or the Psychiatric Security Review Board may establish, by rule, requirements
for certification as a mental health examiner for purposes of subsection
(2)(b)(B) of this section.
(4) The cost of
examiners under this section shall be paid as provided under ORS 426.311. [Amended
by 1973 c.838 §10; 1987 c.158 §77; 1987 c.903 §15; 2009 c.595 §390; 2013 c.715 §§5,16]
Notes of Decisions
Cited in
20
cases (
6 in the last 5 years), 1976–2025 · leading case:
Matter of Lucas, 571 P.2d 1275 (Or. Ct. App. 1977).
Matter of Lucas, 571 P.2d 1275 (Or. Ct. App. 1977).
· cites it 2× “” The court rescheduled the hearing for May 2, after counsel requested a continuance, at which time Officer Sadler, appellant, appellant’s father and girlfriend, and two physicians appointed by the court, ORS 426.”
Matter of Alexander, 554 P.2d 524 (Or. Ct. App. 1976).
· cites it 2× “Based upon the cases that have thus far reached this court, what will be offered is testimony by lay witnesses of an individual's past conduct coupled with an interpretation of that conduct and of their observations by the professional examiners (ORS 426.110 and 426.120) and a…”
State v. C. T., 553 P.3d 1070 (Or. Ct. App. 2024).
“075(2), which requires the court to “appoint examiners under ORS 426.110 sufficiently in advance of the hearing so that the examiners may begin their preparation for the hearing.”
Matter of Heintz, 554 P.2d 556 (Or. Ct. App. 1976).
· cites it 2× “ORS 426.110. There was some limited testimony by appellant's teenage son.”
State v. Johansen, 866 P.2d 470 (Or. Ct. App. 1993).
· cites it 2× “[6] ORS 426.110(1) requires that the court appoint at least one qualified examiner and, if requested, one additional examiner.”
Matter of Troupe, 586 P.2d 95 (Or. Ct. App. 1978).
· cites it 2× “Based upon the cases that have thus far reached this court, what will be offered is testimony by lay witnesses of an individual's past conduct coupled with an interpretation of that conduct and of their observations by the professional examiners (ORS 426.110 and 426.120) and a…”
State v. Smith, 692 P.2d 120 (Or. Ct. App. 1984).
“005, we now turn to the facts of this case to determine whether the trial judge was correct in holding that the notification of mental illness was supported by probable cause, that the state met its burden of proving by clear and convincing evidence at the hearing that appellant…”
Matter of Fletcher, 654 P.2d 1121 (Or. Ct. App. 1982).
“2 ORS 426.110 provides for the appointment of the examiners.”
Matter of Matthews, 613 P.2d 88 (Or. Ct. App. 1980).
“ORS 426.110. *764 9. Right to receive a copy of the investigation report and any treatment report prior to the hearing.”
Lee v. State of Or., 891 F. Supp. 1429 (D. Or. 1995).
“ORS 426.110(2)(b). None of these safeguards apply to Measure 16.”
State v. Waites, 692 P.2d 654 (Or. Ct. App. 1984).
“At the close of the hearing, the two medical examiners appointed by the court, see ORS 426.110, stated that there was insufficient information from which to determine whether appellant was mentally ill.”
State v. K. G., 544 P.3d 403 (Or. Ct. App. 2024).
“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 about whether the…”
— Or. Rev. Stat. § 426.110(1) — 6 cases
State v. Johansen, 866 P.2d 470 (Or. Ct. App. 1993).
“[6] ORS 426.110(1) requires that the court appoint at least one qualified examiner and, if requested, one additional examiner.”
State v. K. G., 544 P.3d 403 (Or. Ct. App. 2024).
“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 about whether the…”
— Or. Rev. Stat. § 426.110(2) — 1 case
— Or. Rev. Stat. § 426.110(2)(b) — 1 case
Lee v. State of Or., 891 F. Supp. 1429 (D. Or. 1995).
“ORS 426.110(2)(b). None of these safeguards apply to Measure 16.”
— Or. Rev. Stat. § 426.110(2)(b)(B) — 1 case
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