426.120 Examination report; rules

279 words·~1 min read·/or/ors-chapter-426/426-120

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426.120 Examination report; rules.

(1)Examiners appointed under ORS 426.110 shall do all of the following:

(a)Examine the person as to mental condition.

(b)Initiate the examination process prior to the hearing. Any failure to comply with this paragraph shall not, in itself, constitute sufficient grounds to challenge the examination conducted by an examiner.

(c)Make their separate reports in writing, under oath, to the court.

(d)Upon completion of the hearing, file the reports with the clerk of the court.

(2)The following is a nonexclusive list of requirements relating to the content of examination reports prepared under subsection

(1)of this section:

(a)If the examiners find, and show by their reports, that the person examined is a person with mental illness, the reports shall include a recommendation as to the type of treatment facility best calculated to help the person recover from mental illness.

(b)Each report shall also advise the court whether in the opinion of the examiner the person with mental illness would cooperate with and benefit from a program of voluntary treatment.

(c)Reports shall contain the information required by the Oregon Health Authority by rule. The authority shall adopt rules necessary to carry out this paragraph.

(3)The examiner shall be allowed access to licensed independent practitioners, nurses or social workers and to medical records compiled during the current involuntary prehearing period of detention and the investigation report. Records and communications described in this subsection and related communications are not privileged under ORS 40.230, 40.235, 40.240 or 40.250. [Amended by 1973 c.838 §11; 1975 c.690 §7; 1987 c.903 §16; 1997 c.649 §3; 2009 c.595 §391; 2013 c.360 §26; 2015 c.461 §7]