Or. Admin. Code § 309-033-0630 - Administration of Significant Procedures in Emergencies Without the Informed Consent of a Person under Civil Commitment

(1) Hospitals or nonhospital facilities authorized. The following facilities that serve persons under civil commitment and which administer significant procedures in emergencies, without obtaining informed consent, shall be subject to the provisions of 309-033-0630:

(a) A hospital or nonhospital facility approved under OAR 309-033-0700 through 309-033-0740.

(b) A hospital or nonhospital facility approved under OAR 309-033-0530.

(c) Secure residential facilities licensed by the Division or licensed by Aging and People with Disabilities (APD).

(d) Intermediate care facilities or enhanced care facilities licensed by the APD.

(2) Administering a significant procedure. If an emergency exists, the responsible physician or nurse may administer a significant procedure to a person under civil commitment without obtaining prior informed consent in the manner otherwise required by these rules, provided:

(a) The physician or designee shall document in the person's clinical record the specific nature of each emergency and the procedure which was used to deal with the emerge;

(b) If the person is determined to be legally incapacitated or has a court-appointed guardian the physician or designee shall make reasonable effort to contact the legal guardian prior to the administration of the significant procedure. If contact is not possible, the physician or designee shall notify the legal guardian as soon as possible;

(c) Within a reasonable period of time after an emergency procedure is administered, the treatment team shall review the treatment and, if practicable, implement treatment designed to correct the behavior creating the emergency;

(d) The responsible physician or nurse shall not administer a significant procedure after the emergency situation has subsided, without obtaining informed consent.

Notes

Or. Admin. Code § 309-033-0630

MHD 9-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 309-215-0040; BHS 9-2023, amend filed 04/04/2023, effective 4/7/2023

Statutory/Other Authority: ORS 413.042 & 426.236

Statutes/Other Implemented: ORS 426.005 - 426.395