Or. Admin. Code § 291-124-0080

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-124-0080 - Patient Rights

(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.

Or. Admin. Code § 291-124-0080

CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. &cert. ef. 11-19-10; DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018; DOC 3-2018, amend filed 05/03/2018, effective 5/3/2018; DOC 6-2020, amend filed 04/10/2020, effective 4/10/2020

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075