OAR 309-033-0630
Administration of Significant Procedures in Emergencies Without the Informed Consent of a Committed Person

(1)

Hospitals or nonhospital facilities authorized. The following facilities that serve committed persons and which administer significant procedures in emergencies, without obtaining informed consent, shall be subject to the provisions of 309-033-0630 (Administration of Significant Procedures in Emergencies Without the Informed Consent of a Committed Person):

(a)

A hospital or nonhospital facility approved under OAR 309-033-0700 (Purpose and Scope) through 309-033-0740 (Variances), Approval of Hospitals and Nonhospital Facilities to Provide Seclusion and Restraint to Committed Persons and to Persons in Custody or on Diversion.

(b)

A hospital or nonhospital facility approved under OAR 309-033-0530 (Approval of Hospitals and Nonhospital Facilities to Provide Services to Committed Persons and to Persons In Custody and On Diversion), Approval of Hospitals and Nonhospital Facilities To Provide Services to Committed Persons and to Persons in Custody or on Diversion.

(c)

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

(d)

Intermediate care facilities or enhanced care facilities licensed by the APD.

(2)

What constitutes an emergency. An emergency exists if in the opinion of the responsible physician or nurse:

(a)

Immediate action is required to preserve the life or physical health of the committed person and it is impracticable to obtain informed consent as provided in OAR 309-033-0620 (Obtaining Informed Consent to Treatment From a Person and the Administration of Significant Procedures Without the Informed Consent of a Committed Person); or

(b)

Immediate action is required because the behavior of the committed person creates a substantial likelihood of immediate physical harm to the committed person or others in the facility and it is impracticable to obtain informed consent as provided in OAR 309-033-0620 (Obtaining Informed Consent to Treatment From a Person and the Administration of Significant Procedures Without the Informed Consent of a Committed Person), Procedures for Obtaining Informed Consent and Information to be Given.

(3)

Administering a significant procedure. If an emergency exists, the responsible physician or nurse may administer a significant procedure to a committed person 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 emergency.

(b)

If the person is legally incapacitated, 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.

Source: Rule 309-033-0630 — Administration of Significant Procedures in Emergencies Without the Informed Consent of a Committed Person, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-033-0630.

309‑033‑0200
Statement of Purpose and Statutory Authority 309‑033‑0210
Definitions 309‑033‑0220
General Standards 309‑033‑0230
Custody of Persons Alleged to Be Mentally Ill Prior to Filing a Notification of Mental Illness 309‑033‑0240
Initiation of the Civil Commitment Process 309‑033‑0250
Standards for Custody, Hospital and Nonhospital Holds, Emergency Commitment and Emergency Hospitalization of Persons Under Warrant of Detention 309‑033‑0260
Diversion from Commitment Hearing 309‑033‑0270
Provision of Care, Custody and Treatment of Persons Committed to the Division 309‑033‑0280
Procedures for Committed Persons on Outpatient Commitment or Trial Visit 309‑033‑0290
Assignment and Placement of Persons Committed to the Division 309‑033‑0300
Transfers Between Classes of Facilities 309‑033‑0310
Recertification for Continued Commitment 309‑033‑0320
Revocation of Conditional Release, Outpatient Commitment or Trial Visit 309‑033‑0330
Discharge of Committed Persons, Who Are Placed in the Community, from Commitment Status 309‑033‑0340
Variances 309‑033‑0400
Statement of Purpose and Statutory Authority 309‑033‑0410
Definitions 309‑033‑0420
Transportation and Transfer of Persons in Custody or On Diversion 309‑033‑0430
Transportation of a Committed Person to a State Hospital, Community Hospital or Nonhospital Facility 309‑033‑0432
Standards for the Approval of a Secure Transport Provider to Transport a Person in Custody or On Diversion to an Approved Holding Hospital or Nonhospital Facility 309‑033‑0435
Client Rights with Regards to a Secure Transport Provider 309‑033‑0437
Mechanical Restraint by a Secure Transport Provider 309‑033‑0440
Variance 309‑033‑0500
Statement of Purpose and Statutory Authority 309‑033‑0510
Definitions 309‑033‑0520
Classes of Facility that Provide Care, Custody or Treatment to Committed Persons or to Persons In Custody or On Diversion 309‑033‑0530
Approval of Hospitals and Nonhospital Facilities to Provide Services to Committed Persons and to Persons In Custody and On Diversion 309‑033‑0540
Administrative Requirements for Hospitals and Nonhospital Facilities Approved to Provide Services to Persons In Custody 309‑033‑0550
Standards for the Approval of Hospitals Detaining Persons In Custody Pending Transport to an Approved Holding Hospital or Nonhospital Facility 309‑033‑0560
Variances 309‑033‑0600
Statement of Purpose and Statutory Authority 309‑033‑0610
Definitions 309‑033‑0620
Obtaining Informed Consent to Treatment From a Person and the Administration of Significant Procedures Without the Informed Consent of a Committed Person 309‑033‑0625
Administration of Medication and Treatment without the Informed Consent of a Person in Custody 309‑033‑0630
Administration of Significant Procedures in Emergencies Without the Informed Consent of a Committed Person 309‑033‑0640
Involuntary Administration of Significant Procedures to a Committed Person With Good Cause 309‑033‑0650
Variances 309‑033‑0700
Purpose and Scope 309‑033‑0710
Definitions 309‑033‑0720
Application, Training and Minimum Staffing Requirements 309‑033‑0725
Medical Services 309‑033‑0727
Structural and Physical Requirements 309‑033‑0730
Seclusion and Restraint Procedures 309‑033‑0732
Time Limits 309‑033‑0733
Documentation 309‑033‑0735
Quarterly Reports 309‑033‑0740
Variances 309‑033‑0800
Statement of Purpose and Statutory Authority 309‑033‑0810
Definitions 309‑033‑0820
Denial of Payment for Services to Persons In Custody or On Diversion 309‑033‑0830
Variances 309‑033‑0900
Statement of Purpose and Statutory Authority 309‑033‑0910
Definitions 309‑033‑0920
Certification of Mental Health Investigators 309‑033‑0930
Investigation of Person Alleged to Be a Mentally Ill Person 309‑033‑0940
The Investigation Report 309‑033‑0950
Certification of Mental Health Examiners 309‑033‑0960
Mental Health Examiner’s Report to the Court 309‑033‑0970
Variances
Last Updated

Jun. 8, 2021

Rule 309-033-0630’s source at or​.us