426.005 Definitions for ORS 426

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

426.005 Definitions for ORS 426.005 to 426.390.

(1)As used in ORS 426.005 to 426.390, unless the context requires otherwise:

(a)“Community mental health program director” means the director of an entity that provides the services described in ORS 430.630

(3)to (5).

(b)“Director of the facility” means a superintendent of a state mental hospital, the chief of psychiatric services in a community hospital or the person in charge of treatment and rehabilitation programs at other treatment facilities.

(c)“Facility” means a state mental hospital, community hospital, residential facility, detoxification center, day treatment facility or such other facility as the authority determines suitable that provides diagnosis and evaluation, medical care, detoxification, social services or rehabilitation to persons who are in custody during a prehearing period of detention or who have been committed to the Oregon Health Authority under ORS 426.130.

(d)“Licensed independent practitioner” means:

(A)A physician, as defined in ORS 677.010;

(B)A nurse practitioner licensed under ORS 678.375 and authorized to write prescriptions under ORS 678.390; or

(C)A naturopathic physician licensed under ORS chapter 685.

(e)“Nonhospital facility” means any facility, other than a hospital, that is approved by the authority to provide adequate security, psychiatric, nursing and other services to persons under ORS 426.232 or 426.233.

(f)“Person with mental illness” means a person described in ORS 426.131 (1).

(g)“Physical harm” means physical injury, physical pain or other physiological impairment, other than an injury, pain or impairment that is trivial in terms of pain or other bodily impact.

(h)“Prehearing period of detention” means a period of time calculated from the initiation of custody during which a person may be detained under ORS 426.228, 426.231, 426.232 or 426.233.

(i)“Serious physical harm” means physical injury, physical pain or other physiological impairment that places a person at risk of:

(A)Death;

(B)Serious and irreversible deterioration of health; or

(C)Serious and irreversible deterioration of any bodily organ.

(2)Whenever a community mental health program director, director of the facility, superintendent of a state hospital or administrator of a facility is referred to, the reference includes any designee such person has designated to act on the person’s behalf in the exercise of duties. [1961 c.706 §25; 1973 c.838 §1; 1987 c.903 §5; 1989 c.993 §3; 1993 c.484 §11; 2001 c.900 §125; 2007 c.70 §203; 2009 c.595 §381; 2009 c.828 §23; 2011 c.720 §160; 2013 c.360 §15; 2015 c.433 §1; 2015 c.461 §1; 2017 c.356 §47; 2019 c.358 §11; 2025 c.559 §4]

(Facilities)