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Oregon Revised Statutes

Or. Rev. Stat. § 426.234 (2026)

Duties of professionals at facility where person admitted; notification; duties of court

✓ current as of May 2026
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      426.234 Duties of professionals at facility where person admitted; notification; duties of court. (1) At the time a person alleged to have a mental illness is admitted to or retained in a hospital or nonhospital facility under ORS 426.232 or 426.233, a licensed independent practitioner, nurse or qualified mental health professional at the hospital or nonhospital facility shall:

      (a) Inform the person of the person’s right to representation by or appointment of counsel as described in ORS 426.100;

      (b) Give the person the warning under ORS 426.123;

      (c) Immediately examine the person;

      (d) Set forth, in writing, the condition of the person and the need for emergency care or treatment; and

      (e) If the licensed independent practitioner, nurse or qualified mental health professional reasonably suspects that the person is a foreign national, inform the person of the person’s right to communicate with an official from the consulate of the person’s country. A licensed independent practitioner, nurse or qualified mental health professional is not civilly or criminally liable for failure to provide the information required by this paragraph. Failure to provide the information required by this paragraph does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding.

      (2)(a) At the time the person is admitted to or retained in a hospital under ORS 426.232, the licensed independent practitioner shall contact the community mental health program director of the county in which the person resides, if the county of residence is different from the county in which the hospital is located. The community mental health program director may request that the licensed independent practitioner notify the circuit court in the county in which the person resides. If the community mental health program director does not make the request, the licensed independent practitioner shall notify, immediately and in writing, the circuit court in the county in which the person is hospitalized.

      (b) At the time the person is admitted to a hospital under ORS 426.232 after being brought to the hospital by a peace officer under ORS 426.228, the licensed independent practitioner shall contact the community mental health program director of the county in which the person is hospitalized. The community mental health program director of the county in which the person is hospitalized may request that the licensed independent practitioner notify the circuit court in the county in which the person is hospitalized. If the community mental health program director does not make the request, the licensed independent practitioner shall notify, immediately and in writing, the circuit court in the county in which the person was taken into custody.

      (c) If, at any time prior to the hearing under ORS 426.070 to 426.170, the licensed independent practitioner responsible for a person admitted or retained under ORS 426.232 determines that the person is not a danger to self or others and is not in need of emergency care or treatment for mental illness, the licensed independent practitioner may release the person from the detention authorized by ORS 426.232. The licensed independent practitioner shall immediately notify the circuit court notified under this subsection and the community mental health program director of the person’s release from detention.

      (3)(a) At the time the person is admitted to or retained in a nonhospital facility under ORS 426.233, the community mental health program director in the county where the person was taken into custody shall contact the community mental health program director of the county in which the person resides, if the county of residence is different from the county in which the person was taken into custody. The community mental health program director of the county in which the person resides may request that the community mental health program director of the county in which the person was taken into custody notify the circuit court in the county where the person resides. Otherwise, the community mental health program director of the county in which the person was taken into custody shall notify, immediately and in writing, the circuit court in the county in which the person was taken into custody.

      (b) If, at any time prior to the hearing under ORS 426.070 to 426.170, a community mental health program director, after consultation with a licensed independent practitioner, determines that a person admitted or retained under ORS 426.233 is not a danger to self or others and is not in need of immediate care, custody or treatment for mental illness, the community mental health program director may release the person from detention. The community mental health program director shall immediately notify the circuit court originally notified under paragraph (a) of this subsection of the person’s release from detention.

      (4) When the judge of the circuit court receives notice under subsection (2) or (3) of this section, the judge immediately shall commence proceedings under ORS 426.070 to 426.170. In a county having a population of 100,000 or more, and when feasible in a county with a lesser population, the community mental health program director or designee who directs the peace officer or other authorized individual to take a person into custody under ORS 426.233 may not also conduct the investigation as provided for under ORS 426.074. Except when a person is participating in diversion from commitment under ORS 426.077, a person may not be held under ORS 426.232 or 426.233 for more than five judicial days without a hearing being held under ORS 426.070 to 426.170.

      (5) When the judge of the circuit court receives notice under subsection (2)(c) or (3)(b) of this section that a person has been released, and unless the court receives the recommendation required by ORS 426.070 (4), the judge shall dismiss the case no later than 14 days after the date the person was initially detained. [1993 c.484 §6; 1995 c.201 §1; 1997 c.531 §6; 2001 c.481 §3; 2003 c.109 §4; 2009 c.595 §406; 2013 c.360 §42; 2015 c.461 §15; 2025 c.559 §31]

 

      Note: See note under 426.228.

Notes of Decisions
Cited in 23 cases (17 in the last 5 years), 2016–2026 · leading case: Mesch v. Unity Ctr. for Behavioral Health.
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Mesch v. Unity Ctr. for Behavioral Health (Or. Ct. App. 2026). · cites it 15× “232 and ORS 426.234, which we set out in some detail for context.”
State v. L.O.W. (In re L.O.W.), 424 P.3d 789 (Or. Ct. App. 2018). · cites it 5× “Although ORS 426.234 requires "immediate" notification of a physician hold to certain local mental health personnel and the circuit court, the trial court did not receive notice of appellant's detention until July 25.”
State v. N. G., 563 P.3d 402 (Or. Ct. App. 2025). · cites it 2× “” ORS 426.234 provides, in relevant part: “(1) At the time a person alleged to have a mental ill- ness is admitted to or retained in a hospital or nonhospital facility under ORS 426.”
State v. C. T., 553 P.3d 1070 (Or. Ct. App. 2024). “ORS 426.234(1)(a). Ultimately, even if coun- sel is not requested, “the court shall appoint suitable legal counsel unless counsel is expressly, knowingly and intelli- gently refused by the person.”
State v. J. J. S. (In re J. J. S.), 444 P.3d 1141 (Or. Ct. App. 2019). “We have previously observed that, under ORS 426.232(2), a licensed independent practitioner "may detain a person for emergency care or treatment for mental illness, provided that the [licensed independent practitioner] immediately notifies certain specified local mental health…”
State v. T. L., 346 Or. App. 414 (Or. Ct. App. 2026). “See ORS 426.234(2) (a) (requiring a licensed independent practitioner who initi- ates a hold to notify the community mental health program director and the circuit court).”
State v. W. B. R., 387 P.3d 482 (Or. Ct. App. 2016). “232(2); ORS 426.234(4); ORS 426.095(2). See State v.”
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021). “237(4)(b) similarly provides, with respect to prehearing detention, that “[i]n no case shall the person be held longer than five judicial days without a hearing under this section.”
State v. B. L. H., 403 P.3d 538 (Or. Ct. App. 2017). “232(2); ORS 426.234(4); ORS 426.095(2); State v. A.”
State v. D. L. C., 343 Or. App. 429 (Or. Ct. App. 2025). · cites it 2× “Here, because appellant did not object or raise this con- tention before the trial court, there is no evidence or record developed about whether he was informed of his right.”
State v. D. L. C., 343 Or. App. 429 (Or. Ct. App. 2025). · cites it 2× “Here, because appellant did not object or raise this con- tention before the trial court, there is no evidence or record developed about whether he was informed of his right.”
State v. N. R., 333 Or. App. 620 (Or. Ct. App. 2024). · cites it 2× “In this case, we would have to go outside the record to accept appellant’s argument that she was not notified by medical staff about her right to rep- resentation, because there was no evidence presented that appellant was not notified of her right to counsel.”
Show all 23 citing cases →
— Or. Rev. Stat. § 426.234(1) — 1 case
State v. N. G., 563 P.3d 402 (Or. Ct. App. 2025). “” ORS 426.234 provides, in relevant part: “(1) At the time a person alleged to have a mental ill- ness is admitted to or retained in a hospital or nonhospital facility under ORS 426.”
— Or. Rev. Stat. § 426.234(1)(a) — 7 cases
State v. C. T., 553 P.3d 1070 (Or. Ct. App. 2024). “ORS 426.234(1)(a). Ultimately, even if coun- sel is not requested, “the court shall appoint suitable legal counsel unless counsel is expressly, knowingly and intelli- gently refused by the person.”
State v. D. L. C., 343 Or. App. 429 (Or. Ct. App. 2025). “Here, because appellant did not object or raise this con- tention before the trial court, there is no evidence or record developed about whether he was informed of his right.”
State v. D. L. C., 343 Or. App. 429 (Or. Ct. App. 2025). “Here, because appellant did not object or raise this con- tention before the trial court, there is no evidence or record developed about whether he was informed of his right.”
State v. N. R., 333 Or. App. 620 (Or. Ct. App. 2024). “In this case, we would have to go outside the record to accept appellant’s argument that she was not notified by medical staff about her right to rep- resentation, because there was no evidence presented that appellant was not notified of her right to counsel.”
State v. L. D. W., 334 Or. App. 656 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 426.234(2) — 2 cases
State v. L.O.W. (In re L.O.W.), 424 P.3d 789 (Or. Ct. App. 2018). “Although ORS 426.234 requires "immediate" notification of a physician hold to certain local mental health personnel and the circuit court, the trial court did not receive notice of appellant's detention until July 25.”
State v. T. L., 346 Or. App. 414 (Or. Ct. App. 2026). “See ORS 426.234(2) (a) (requiring a licensed independent practitioner who initi- ates a hold to notify the community mental health program director and the circuit court).”
— Or. Rev. Stat. § 426.234(2)(c) — 1 case
Mesch v. Unity Ctr. for Behavioral Health (Or. Ct. App. 2026). “232 and ORS 426.234, which we set out in some detail for context.”
— Or. Rev. Stat. § 426.234(4) — 11 cases
State v. J. J. S. (In re J. J. S.), 444 P.3d 1141 (Or. Ct. App. 2019). “We have previously observed that, under ORS 426.232(2), a licensed independent practitioner "may detain a person for emergency care or treatment for mental illness, provided that the [licensed independent practitioner] immediately notifies certain specified local mental health…”
State v. L.O.W. (In re L.O.W.), 424 P.3d 789 (Or. Ct. App. 2018). “Although ORS 426.234 requires "immediate" notification of a physician hold to certain local mental health personnel and the circuit court, the trial court did not receive notice of appellant's detention until July 25.”
State v. W. B. R., 387 P.3d 482 (Or. Ct. App. 2016). “232(2); ORS 426.234(4); ORS 426.095(2). See State v.”
State v. C. P., 486 P.3d 845 (Or. Ct. App. 2021). “237(4)(b) similarly provides, with respect to prehearing detention, that “[i]n no case shall the person be held longer than five judicial days without a hearing under this section.”
State v. B. L. H., 403 P.3d 538 (Or. Ct. App. 2017). “232(2); ORS 426.234(4); ORS 426.095(2); State v. A.”
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