(1) The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only:\n(a) If the principal is committed pursuant to ORS 426.005 to 426.390 or 426.701 to the Oregon Health Authority and treatment is authorized in compliance with ORS 426.385 (3) and administrative rule.\n(b) If treatment is authorized in compliance with administrative rule and:\n(A) The principal is committed to a state hospital or secure intensive community inpatient facility:\n(i) As a result of being found guilty except for insanity under ORS 161.295 or responsible except for insanity under ORS 419C.411;\n(ii) Under ORS 161.365; or\n(iii) Under ORS 161.370; or\n(B) The principal is transferred to a state hospital or other facility under ORS 179.473 or 419C.530.\n(c) In cases of emergency endangering life or health.\n(2) A declaration does not limit any authority provided in ORS 426.005 to 426.390 either to take a person into custody, or to admit, retain or treat a person in a health care facility. [1993 c.442 §9; 1995 c.141 §2; 2009 c.595 §88; 2011 c.279 §1; 2021 c.33 §1]
Oregon Legal Code