309-033-0260 Temporarily suspended until 06/29/2026. This rule language is not currently in effect. Diversion from Commitment Hearing (1) Notice to court by director. The director and a Licensed Independent Practitioner (LIP) may certify a person for diversion at any time up to three judicial days after the person has been taken into custody, unless otherwise approved by the court. (a) The CMHP director shall file a certificate with the court as notification of the diversion. Per ORS 426.237(1)(b) a certificate may be filed with agreement between: (A) The CMHP director in the county responsible for investigation; (B) The current treating LIP; and (C) The CMHP director in the person’s county of residence, if different than the county responsible for investigation, as provided for in ORS 426.237(1)(b)(B). (b) The certificate shall include an attestation signed by the director and the LIP, and it is not required to be notarized. (c) An attestation may be: “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.” (2) Treatment plan. The director and the treating LIP shall prepare a treatment plan that describes, in general terms, the types of treatment and medication to be provided during the diversion. The general treatment plan shall be descriptive of the range of services and medications to be provided, and shall include a description of: (a) Any of the following classes of medication, if medication is to be administered: (A) Antipsychotics; (B) Antidepressants; (C) Mood stabilizers; (D) Anti-anxiety medications; or (E) Anti-side effect medications. (b) Mental health interventions, therapies or diagnostic procedures to be employed; (c) The person’s preferences about medications and therapies and any limitations on the specific use of medications or therapies to which the director and the treating LIP have agreed; (d) Location where treatment is to be initiated and the type of hospital or nonhospital facilities where the person may be transferred during the diversion; or (e) Other conditions or limitations agreed to by the person and the director concerning the care or treatment that is to be provided. (f) Pursuant to ORS 426.237(3)(h), a person shall not be detained for the purpose of the diversion for more than 14 days after the person has accepted the treatment plan. (3) Notice to person. At the initiation of the diversion period, the director and the LIP shall inform the person verbally of the intent to certify the person for intensive treatment not to exceed 14 days, and provide the person with a copy of the certificate filed with the court as written notification . The certificate shall include: (a) The attestation as provided by OAR 309-033-0260(1)(ii), including date and time the certificate was given to the person; (b) A statement that the person has the right to counsel who will be appointed by the court, and that the person may request a hearing before a judge at any point during the 14 day period of intensive treatment; and (c) The treatment plan as provided by OAR 309-033-0260(2) including prescribed medications and any restraint or seclusion practices which may be employed in an emergency to assure health or safety. (4) LIP to provide information. The LIP shall provide the information described in OAR 309-033-0620 when administering a specific medication. (5) Consent for non-psychiatric care. A treating LIP shall obtain the person’s consent for non-psychiatric medical care and treatments which may be prescribed during the diversion. The general treatment plan for psychiatric intervention shall not include plans for non-psychiatric medical care or treatment. (6) Nonadherence to treatment plan or demand for discharge. The person on diversion may decline the psychiatric treatment described in the general treatment plan or demand discharge at any time during the diversion by signing the form described in this paragraph or, if the person does not sign the form, by verbally declining treatment or demanding discharge to two known staff of the facility. In accepting the person’s disengagement with treatment or demand for discharge the staff of the facility shall: (a) Provide the person a warning, both verbally and in writing, at the person’s first indication that they wish to decline treatment or demand discharge, which states: "If you decline psychiatric treatment described in the general treatment plan or demand to be discharged you may be required to appear at an involuntary civil commitment hearing. It is your right to request an involuntary civil commitment hearing at this time. If a judge finds that you have a mental disorder, are a danger to yourself or others, are unable to meet your basic needs, or otherwise meet civil commitment criteria, you may be civilly committed for up to 180 days. However, if a judge finds you do not meet those criteria, you may be released. The treatment in which you were to participate as a condition of avoiding a commitment hearing is described in your general treatment plan. You were given a copy of your general treatment plan when you accepted the diversion. You may see the copy of your general treatment plan on file with this facility at any time. You may talk with your attorney before you decline this treatment, demand discharge, or request a hearing." (b) If the person declines treatment, demands discharge, or requests a hearing, offer the person the following form to sign: “Notice: If you decline psychiatric treatment described in your general treatment plan or demand discharge you may be required to appear at an involuntary civil commitment hearing. You have a right to request an involuntary civil commitment hearing at this time. If a judge finds that you have a mental disorder, are a danger to yourself or others, are unable to meet your basic needs, or otherwise meet civil commitment criteria, you may be civilly committed for up to 180 days. The psychiatric treatment in which you were to participate as a condition of avoiding a civil commitment hearing is described in your general treatment plan. You were given a copy of your general treatment plan when you accepted the diversion. You may see the copy of your general treatment plan on file with this facility at any time. You may talk with your attorney before you decline this treatment, demand discharge, or request a hearing. I decline the treatment described in my general treatment plan. I request a hearing before the circuit court. ___________________________ Signature of Certified Person Alleged to Have a Mental Illness.” (c) If the person does not sign the form described in this section and verbally or nonverbally declines treatment, the staff of the facility shall document on the form and in the person’s clinical record , that the person did not sign the form ; (d) Immediately upon the person declining treatment, demanding discharge or requesting a hearing, the treating LIP shall treat the person as a person in custody, as provided under ORS 426.072, and shall immediately notify the director. The director shall immediately request a hearing. (7) Director of the county of residence approval of payment for diversion. A person shall be on diversion only if payment for the care, custody and treatment is approved verbally by the director of the county of residence as provided under ORS 426.237. The director of the county of residence’s approval shall be documented by a written statement, signed by the director, and distributed by the end of the diversion period as follows: (a) The original shall be filed in the clinical record at the Community Mental Health Program; and (b) A copy shall be delivered to each facility serving the person during the diversion. Statutory/Other Authority: ORS 413.042, 426.236 & 426.237 Statutes/Other Implemented: ORS 426.005 - 426.395 History: BHS 30-2025, temporary suspend filed 12/29/2025, effective 01/01/2026 through 06/29/2026 BHS 7-2024, amend filed 04/30/2024, effective 05/28/2024 BHS 9-2023, amend filed 04/04/2023, effective 04/07/2023 MHD 6-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-200-0070