Oregon Statutes 127.720 – Circumstances in which physician or provider may disregard declaration
(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:
Terms Used In Oregon Statutes 127.720
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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.
(b) If treatment is authorized in compliance with administrative rule and:
(A) The principal is committed to a state hospital or secure intensive community inpatient facility:
(i) As a result of being found guilty except for insanity under ORS § 161.295 or responsible except for insanity under ORS § 419C.411;
(ii) Under ORS § 161.365; or
(iii) Under ORS § 161.370; or
(B) The principal is transferred to a state hospital or other facility under ORS § 179.473 or 419C.530.
(c) In cases of emergency endangering life or health.
(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]