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Mental Health Law in Oregon:
Voluntary Hospitalization

 

 

 

Hospitals and other mental health facilities may accept people who voluntarily agree to be in the hospital or facility.  Voluntary admissions are not very common in state hospitals or facilities because these spaces are usually occupied by involuntary patients.  With the use of the Declaration for Mental Health Treatment (See pages 33-37), voluntary admissions may become more common.

The rights of voluntary patients are similar to involuntary patients with a few important exceptions.  Voluntary patients can discharge themselves from the facility at any time but in a state facility the patient can be held for up to 72 hours after giving notice in writing that he or she wants to be discharged.  If the person requests discharge and the hospital staff believes the person is dangerous due to a mental disorder, the hospital can try to have the person civilly committed. In this case, the person has the right to a commitment hearing within five working days.  ORS 426.220.

A voluntary patient cannot be medicated against his or her will except in emergencies such as danger to self or others.  The override procedure (See page 19) cannot be used to medicate a voluntary patient.  If the voluntary patient will not follow the treatment program prescribed by the doctor, the patient may be discharged.  Or, if the hospital believes the person is a danger to self or others, the hospital may try to have the person civilly committed.

 

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