Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 124 - HEALTH SERVICES (AIC)
Section 291-124-0080 - Patient Rights
Universal Citation: OR Admin Rules 291-124-0080
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Medical Research: The use of AICs for medical, psychiatric, or psychological experimentation or research is prohibited as stipulated in ORS 421.085.
(2) Informed Consent:
(a) The AIC's written informed consent or
refusal shall be obtained prior to a healthcare procedure that is invasive or
with major adverse health risks or prior to beginning non-emergent mental
health or medication services.
(A) Examples
of such healthcare procedures include: incision and drainage; skin removal,
including biopsy; cauterization; contraception methods/prescription; all major
and minor surgical procedures; immunizations; psychotropic/neuroleptic
medication; articular and bursa injections; other procedures in which there is
a probability of major adverse risks; and all invasive dental
procedures.
(B) An AIC may change
their informed consent or refusal.
(b) Informed consent shall include providing
the AIC with information about:
(A) The
nature, purpose, and benefits of the procedure or treatment;
(B) The risks, if any, of the procedure or
treatment; and
(C) Any alternative
procedures or methods of treatment that is available; and
(D) Supplemental written information may be
incorporated as part of the informed consent process.
(c) Informed consent is not required in:
(A) A medical emergency if the AIC is unable
to give or to refuse consent and there is an immediate threat to the life of,
or irreversible bodily harm to, the AIC;
(B) A medical or psychiatric emergency if the
AIC does not have the mental capacity to make an informed decision;
(C) Where there is a court order to provide
the medical treatment or procedures;
(D) Informed consent given by the legal
guardian; and
(E) Certain public
health matters.
(3) Confidentiality:
(a) The AIC's healthcare record, which
includes medical, dental, and mental health information obtained by Health
Services employees, is confidential and shall not be released except as
provided in ORS 179.495 through
179.509, and other Oregon
statutes.
(b) Health Services
employees shall communicate to correctional employees pertinent information
that has a direct impact on the safety and security of the facility or is
relevant to the AIC's ability to function.
(4) AICs may use the AIC grievance system as outlined in OAR 291-109 for health related issues.
Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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