(1) A licensed independent practitioner may hold a person for transportation to a treatment facility for up to 12 hours in a health care facility licensed under ORS chapter 441 and approved by the Oregon Health Authority if: (a) The licensed independent practitioner believes the person is a danger to self or others and is in need of emergency care or treatment for mental illness; (b) The licensed independent practitioner is not related to the person by blood or marriage; and (c) A licensed independent practitioner with admitting privileges at the receiving facility consents to the transporting. (2) Before transporting the person, the licensed independent practitioner shall prepare a written statement that: (a) The licensed independent practitioner has examined the person within the preceding 12 hours; (b) A licensed independent practitioner with admitting privileges at the receiving facility has consented to the transporting of the person for examination and admission if appropriate; and (c) The licensed independent practitioner believes the person is a danger to self or others and is in need of emergency care or treatment for mental illness. (3) The written statement required by subsection (2) of this section authorizes a peace officer, an individual authorized under ORS 426.233 or the designee of a community mental health program director to transport a person to the treatment facility indicated on the statement. Note: See note under 426.228.
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