OAR 416-345-0040
Exceptions

(1) Notwithstanding OAR 416-345-0030 (Levels of Medical Care and Treatment), there may be circumstances in which the level of care and treatment is unclear, or it may be inappropriate to apply any level of care and treatment to an individual patient. Any individual case, or proposed care or treatment, may be submitted to the OYA medical director to review for medical appropriateness or second opinion.
(2) The OYA medical director may consider the following factors to determine proposed medical care or treatment appropriateness, including but not limited to:
(a) The urgency of the care and treatment and the anticipated length of the offender’s remaining commitment to close custody and whether the care and treatment could or could not be reasonably delayed without causing a significant progression, complication, or deterioration of the condition;
(b) The overall necessity of the care and treatment in regards to morbidity, mortality, and functional disability;
(c) Pre-existing condition(s) prior to incarceration, and the reasons for not obtaining treatment prior to incarceration;
(d) The probability the care and treatment will have a successful outcome, along with relevant risks;
(e) Any other known costs, risks, or benefits associated with the care and treatment;
(f) Alternative therapies;
(g) The offender’s desire for the care and treatment and the likelihood of the offender’s cooperation with the care and treatment; and
(h) Pain complaints, or pain behavior.
(3) The OYA medical director may choose to convene a clinical review committee to help determine proposed care or treatment appropriateness.

Source: Rule 416-345-0040 — Exceptions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=416-345-0040.

Last Updated

Jun. 8, 2021

Rule 416-345-0040’s source at or​.us