(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.