OAR 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 (General Policy on Obtaining Informed Consent for Administration of Psychotropic Medications);

(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The reasons for the inmate’s refusal or withdrawal of consent, if the inmate has refused or withdrawn consent;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 (Good Cause for Involuntary Administration of Psychotropic Medications to Inmates);

(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.

Source: Rule 291-064-0120 — Determination of Independent Examining Physician, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-064-0120.

Last Updated

Jun. 8, 2021

Rule 291-064-0120’s source at or​.us