Or. Admin. Code § 309-033-0625 - Administration of Medication and Treatment without the Informed Consent of a Person in Custody

(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.

Notes

Or. Admin. Code § 309-033-0625

MHS 5-2007, f. & cert. ef. 5-25-07; BHS 9-2023, amend filed 04/04/2023, effective 4/7/2023

Statutory/Other Authority: ORS 413.042, 426.072, 426.231 & 426.236

Statutes/Other Implemented: ORS 426.005 - 426.395