Or. Admin. R. 291-064-0030

Current through Register Vol. 63, No. 8, August 1, 2024

Section 291-064-0030 - General Policy on Obtaining Informed Consent for Administration of Psychotropic Medications

Capacity of the Inmate to Give Informed Consent.

(1) Inmates from whom informed consent to treatment with psychotropic medications is being sought shall be presumed competent to give consent unless:

(a) The inmate has been found to be legally incapacitated; or

(b) In the clinical opinion of the treating practitioner, the inmate currently demonstrates an inability to comprehend and weigh one or more factors involved in making informed consent as provided in OAR 291-064-0040(1).

(2) In determining the inmate's ability to comprehend and weigh the factors the treating practitioner shall:

(a) Disclose the information required in OAR 291-064-0040(1);

(b) Ask the inmate to repeat the information in the inmate's own words or to explain what the information means; and

(c) Ask the inmate to give a practical example of how the information may affect the inmate's decision.

(3) The inmate's ability to comprehend and weigh the factors in OAR 291-064-0040(1) shall be documented in the inmate's treatment record and supported by specific descriptions of the inmate's statements or behavior.

(4) An inmate shall not be deemed unable to give informed consent to administration of psychotropic medications solely because:

(a) The inmate has been diagnosed as mentally ill or mentally retarded;

(b) The inmate has previously disagreed or now disagrees with his/her diagnosis; or

(c) The inmate has previously disagreed or now disagrees with the recommendation for psychotropic medications.

Or. Admin. R. 291-064-0030

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