426.075 Notice and records of treatment prior to hearing; procedures

363 words·~2 min read·/or/ors-chapter-426/426-075

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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]