Oregon Revised Statutes

Or. Rev. Stat. § 426.231 (2026)

Hold by licensed independent practitioner; when authorized; statement required

✓ current as of May 2026

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

426.231 Hold by licensed independent practitioner; when authorized; statement required. (1) A licensed independent practitioner may hold a person for transportation to a treatment facility for up to 12 hours in a health care facility licensed under ORS chapter 441 and approved by the Oregon Health Authority if:

(a) The licensed independent practitioner believes the person is a danger to self or others and is in need of emergency care or treatment for mental illness;

(b) The licensed independent practitioner is not related to the person by blood or marriage; and

(c) A licensed independent practitioner with admitting privileges at the receiving facility consents to the transporting.

(2) Before transporting the person, the licensed independent practitioner shall prepare a written statement that:

(a) The licensed independent practitioner has examined the person within the preceding 12 hours;

(b) A licensed independent practitioner with admitting privileges at the receiving facility has consented to the transporting of the person for examination and admission if appropriate; and

(c) The licensed independent practitioner believes the person is a danger to self or others and is in need of emergency care or treatment for mental illness.

(3) The written statement required by subsection (2) of this section authorizes a peace officer, an individual authorized under ORS 426.233 or the designee of a community mental health program director to transport a person to the treatment facility indicated on the statement. [1993 c.484 §3; 1997 c.531 §3; 2009 c.595 §403; 2013 c.360 §39; 2015 c.461 §12; 2025 c.559 §28]

Note: See note under 426.228.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1995–2026 · leading case: Mesch v. Unity Ctr. for Behavioral Health, 349 Or. App. 463 (Or. Ct. App. 2026).

Sort: Relevance Newest Treatment

Mesch v. Unity Ctr. for Behavioral Health, 349 Or. App. 463 (Or. Ct. App. 2026). · cites it 3× “232, to the place they were taken into custody); ORS 426.231 (requiring a practitioner that holds a person for transportation to a facility to “pre- pare a written statement” that supports the transport); ORS 426.”

Lee v. State of Or., 891 F. Supp. 1429 (D. Or. 1995). “ORS 426.231; ORS 426.232. A judge is required to appoint at least one qualified “examiner” to evaluate the patient and provide a report prior to a commitment *1435 hearing.”

Cederberg v. Legacy Health (D. Or. 2020). “Nazemi had the “authority to hold and admit [Tylka] under ORS 426.231 and ORS 426.232,” and argue they were negligent in failing to do so.”

State v. T. J. G., 477 P.3d 408 (Or. Ct. App. 2020). “Appellant was detained on a series of 12-hour “transport holds” under ORS 426.231, from August 16, 2018, until August 25, when he was detained pursuant to a “phy- sician’s hospital hold” under ORS 426.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.