OAR 291-064-0040: Procedures for Obtaining Informed Consent and Information to be Provided

(1) An inmate, or the guardian of a legally incapacitated inmate, from whom informed consent to administration of psychotropic medications is sought, shall be given information orally and in writing as follows: (a) The nature of the inmate’s mental disorder; (b) The name and purpose of the recommended medication; (c) The material risks of the recommended medication; (d) The intended benefits of the medication; (e) The alternatives to the recommended medication, if in the opinion of the treating practitioner those alternatives are available and comparable in effectiveness; (f) The predicted medical/psychiatric consequences of not accepting the recommended medication; and (g) That consent may be refused, withheld or withdrawn at any time. (2) The treating practitioner shall ask the inmate or guardian if they would like additional information concerning the recommended medication, and shall provide such information on request. (3) The treating practitioner recommending administration of a psychotropic medication shall document by notation in the inmate’s treatment record: (a) That the information required in section (1) of this rule was explained; and (b) Whether the inmate or guardian explicitly consented, refused, or withheld consent; and (c) Whether the inmate or guardian requested and received additional information. (4) Psychotropic medications may not be administered to an inmate who has been found legally incapacitated without the consent of the guardian, except in the case of an emergency. (5) Reports of Progress: Upon request, an inmate or guardian shall be informed of the progress of the inmate during the administration of psychotropic medications.