Or. Admin. Code § 291-064-0120

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-064-0120 - Determination of Independent Examining Physician

(1) In each hearing the independent examining physician shall determine:

(a) Whether the treatment record contains a sound medical diagnosis supported by sufficient clinical documentation;

(b) The capacity of the inmate to give informed consent as provided in OAR 291-064-0030;

(c) The reasons for the inmate's refusal or withdrawal of consent, if the inmate has refused or withdrawn consent;

(d) Whether the inmate's behavior constitutes good cause for involuntary administration of psychotropic medications as provided in OAR 291-064-0070;

(e) Whether the reasons given for rejecting less intrusive procedures are medically sound; and

(f) Whether the involuntary administration of psychotropic medication is in the inmate's medical interest.

(2) The independent examining physician shall not approve involuntary administration of psychotropic medications unless it is determined that good cause exists and the involuntary administration of psychotropic medications is in the inmate's medical interest.

(3) The independent examining physician will prepare a written report of his/her decision containing a summary of evidence presented and specific reasons for approving or disapproving involuntary administration of psychotropic medications. This report will be provided to:

(a) The chief medical officer of the facility;

(b) The inmate for whom involuntary administration of psychotropic medications is recommended; and

(c) The treating practitioner.

(4) A copy of the independent examining physician's report will be made part of the inmate's treatment record.

(5) Approval of the involuntary administration of psychotropic medications shall be effective for 180 days.

Or. Admin. Code § 291-064-0120

CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

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