Current through Register Vol. 63, No. 9, September 1, 2024
(1) Hospitals or
Nonhospital Facilities Authorized. Only a Licensed Independent Practitioner
(LIP) at a hospital or nonhospital facility approved under OAR
309-033-0500 through
309-033-0560 may administer
medication and treatment without the informed consent of a person in
custody.
(2) Grounds for the
administration of medication and treatment without informed consent. As
provided by ORS 426.072(2)(c),
a LIP shall administer medication and treatment to a person in custody without
obtaining prior informed consent, only in the following circumstances:
(a) If an emergency exists as described in
OAR 309-033-0210; or
(b) If the LIP, in consultation with another
LIP or qualified mental health professional, the person is unable to give
informed consent as described in OAR
309-033-0620.
(3) Procedures and limitations for
the administration of medication or treatment without consent. When
administering medication or treatment without the informed consent of a person
in custody, the LIP shall:
(a) Administer
medication and treatment in accordance with medical standards in the
community;
(b) Not administer
electro-shock therapy or unduly hazardous treatment as set forth in ORS
426.072;
(c) Document in the person's clinical record
the specific nature of each emergency and the procedure that was used to deal
with the emergency, or if the person is unable to give consent, document that
fact in the person's clinical record;
(d) If the person is a minor or has a
guardian, make a reasonable effort to contact the legal guardian prior to the
administration of medication or treatment, but if efforts to contact the
guardian are not successful, the LIP may only administer medication or
treatment in an emergency and shall notify the legal guardian as soon as
possible, otherwise the LIP shall not administer medication until consent is
obtained from the guardian;
(e)
Review the medication and treatment with the treatment team within a reasonable
period of time after the medicine or treatment is administered without consent
and, if applicable, administer medication or treatment designed to correct the
behavior creating the emergency;
(f) Not continue to administer medication or
treatment after the emergency has subsided or the person has regained the
ability to consent to treatment, without obtaining the person's informed
consent; and
(g) Immediately
proceed as provided in OAR
309-033-0600 through
309-033-0650 if the person who
was in custody is under civil commitment and the LIP believes the person
remains unable to give consent and it is necessary to continue involuntary
administration of medication or treatment; the LIP may only continue the
administration of medication or treatment under the provisions of
309-033-0625 for seven days
pending a decision under
309-033-0640.
Statutory/Other Authority: ORS
413.042,
426.072,
426.231 &
426.236
Statutes/Other Implemented: ORS
426.005 -
426.395
