Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION
Section 291-064-0050 - Consent Options - Exceptions to Informed Consent

Universal Citation: OR Admin Rules 291-064-0050

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Inmates deemed able to consent pursuant to OAR 291-064-0030 may:

(a) Consent to voluntary administration;

(b) Withhold consent for up to 48 hours for the purpose of obtaining additional information;

(c) Refuse consent; or

(d) At any time withdraw consent previously given.

(2) Any consent, refusal, or withholding of consent shall be fully documented in the inmate's treatment record, regardless of the treating practitioner's determination of capacity in OAR 291-064-0030.

(3) Inmates withholding consent for 48 hours shall be considered to have refused consent.

(4) Where consent previously given is withdrawn, the person to whom the inmate's decision is communicated shall document the withdrawal of consent and the reason for withdrawal by notation in the inmate's treatment record.

(5) Psychotropic medications shall be administered to an inmate only after first obtaining written informed consent from the inmate in the manner prescribed in these rules, except as follows:

(a) Administration of psychotropic medications to legally incapacitated inmates as provided in OAR 291-064-0040(4);

(b) Administration of psychotropic medications without informed consent in emergencies as provided in OAR 291-064-0060; and

(c) Involuntary administration of psychotropic medications for good cause as provided in OAR 291-064-0070.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075 & ORS 430.021

Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030, ORS 423.075 & ORS 430.021

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